PublishedFederation Press, August 2023 |
ISBN9781760024550 |
FormatHardcover, 735 pages |
This book analyses a number of commonly found boilerplate clauses in commercial contracts and illustrates, through case law, how the various forms of these clauses have been judicially interpreted. At the conclusion of each chapter, from the previous analysis, the book provides recommendations for the practitioner as to the issues that should be taken into account when drafting such clauses.
The emphasis of the book is upon the application of the principles of contract directly in relation to the construction of contracts and is not merely a recitation of those principles. A number of recent cases have been added to this edition to illustrate points of construction. Several deserve specific mention:Australian Securities and Investments Commission v Kobelt (2019) 267 CLR 1Good Living Company Pty Ltd v Kingsmede Pty Ltd (2021) 284 FCR 424 (FCAFC) (statutory unconscionability)Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716 (analysis of certain unfair contractual terms)
