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Contract and the Australian Consumer Law

Contract and the Australian Consumer Law

By John W Carter and Laina Chan


This book analyses the way the Australian Consumer Law has modified contract law. In particular, provisions in the Australian Consumer Law in relation to consumer guarantees for goods and services, unfair contract terms, misleading or deceptive conduct and unconscionable conduct are considered and analysed. The text discusses recent cases on these topics and extracts guiding principles from the legislation and the cases.

The text is intended to be read from cover to cover so as to present a birdseye view on the operation of the legislation in the context of contract law.

The book is a must have for all practitioners of commercial law including construction law, property law and all forms of contractual disputes.


Foreword by The Hon Justice Julie Ward, Supreme Court of New South Wales

Table of Cases
Table of Statutes
Table of Abbreviations

Chapter 1 - Introduction

1. The Australian Consumer Law
2. The Derivation of the Australian Consumer Law
3. Components of the Australian Consumer Law

Chapter 2 - Consumer Guarantees Regime

1. Introduction
2. Consumer Guarantees
3. Rights and Remedies in Relation to Consumer Guarantees

Chapter 3 - Exclusion Clauses

1. General
2. Prohibited and Permitted Exclusion Clauses
3. Position Where Exclusion Clause Void
4. Drafting Exclusion Clauses

Chapter 4 - Liability of Manufacturers

1. General
2. Consumer Guarantees
3. Rights and Remedies

Chapter 5 - Misleading or Deceptive Conduct and Other Prohibited Conduct

1. General
2. The Prohibition on Misleading or Deceptive Conduct
3. Other Prohibitions
4. Representations in Relation to Future Matters
5. Remedies

Chapter 6 - Unconscionable Conduct Regime

1. General
2. Impact of Australian Consumer Law
3. Remedies

Chapter 7 - Unfair Contract Terms Regime

1. General
2. Application of the Regime
3. Terms which may be Unfair
4. Remedies



Published 13 March 2019
Publisher The Federation Press
ISBN 9781760022013
Australian RRP $69.95
International Price $64.00
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Law - Contract
Law - Consumer

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