Contract and the Australian Consumer Law 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 book 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.
With a foreword by the Hon Justice Julie Ward of the Supreme Court of New South Wales, who describes the text as eminently readable with a coherent and focused analysis, the book is a must have for all practitioners of commercial law including construction law, property law and all forms of contractual disputes, as well as law students.
Foreword by The Hon Justice Julie Ward, Supreme Court of New South Wales
Preface
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
Index
Carter and Chan contains 7 chapters, an invaluable index and is attractively priced. It is not only an invaluable resource for members of the legal profession but is presented in such a way that it will appeal to non-lawyers as well.
Dr Richard Manly QC
We have recently added Contract and the Australian Consumer Law to our library. It is a concise, easy to read and very informative overview of the Australian Consumer Law and the relevant considerations and cases. It is well set out, and is already becoming a much used resource in our practice.
Anna Cruckshank, Managing Director, Aubrey Brown Lawyers
The user-friendly character of this text cannot be overstated. … The book is brief and is plainly intended as a “nutshell” reference text – a starting place to begin a voyage of more extensive inquiry. But for this purpose, it is ideal. It is accessible, digestible and comprehensive in its coverage – albeit that the coverage of particular matters is in some circumstances understandably brief. As such, it would be a commendable addition to the library of any law student, or lawyer starting out in this area.
Queensland Law Reporter – 12 April 2019 – [2019] 14 QLR
It is suggested on the back cover of Contract and the Australian Consumer Law that it is intended to be read from cover to cover … I did just that.
It is a refreshing read by Emeritus Professor John Carter and Laina Chan about a very dull topic. The Australian Consumer Law reads as though it had been written by some demonic anarchist dreamt up by Evelyn Waugh. It is very long, and full of words that do not bear their ordinary meaning. Statutory liabilities are referred to as “guarantees” although they are nothing of the sort. “Consumers” include companies which are not consumers. A contract with a “consumer” is not necessarily a “consumer contract”. Things are defined as “warranties” when they are not even contractual terms, let alone warranties. Quite how the authors of this book managed to maintain their sanity whilst surveying this awful scene is a mystery.
But we should be grateful to them. Their gentle mockery of the legislation turns out to be rather helpful in getting to grips with it.
At 162 pages, it is a short book, and all the more useful for that. Thoroughly recommended.
Blog by Robert Fenwick Elliott, Construction Law Barrister; International Member of Keating Chambers
This is such a useful book. Whether the reader is a student, a lawyer who needs to come up to speed with the Australian Consumer Law’s contract-related schemes, or a practitioner in the area who wants to cement their knowledge of the schemes’ detailed application, it provides an accessible and concise reference point.
As a lecturer and researcher who teaches and writes about the area, it gives me confidence and context in navigating the complexity of the legislation and its interplay with the common law.
The book’s compact size is a real bonus: it means I can keep it handy on my desk or close by on my bookshelves, making it easy to ‘dip in’ to check the commentary on a particular issue. And, the intent of the authors that it can be read cover to cover is by no means unrealistic: in the couple of hours it takes to read the whole book, the reader can gain insights which might take months or years to accrue in less focused study or practice.
Dr Matthew Bell Senior Lecturer and Co-Director of Studies, Construction Law, Melbourne Law School
