Introduction. Part 1 - Contravening the law. Part 2 - Public policy. Part 3 - Restraint of trade. Part 4 - Relief from the consequences. Part 5 - Reform. Part 6 - Cases and comments.

Illegality and Public Policy

Insurance commercial sale of goods commercial leases residential leases employment common law employment statutory law National Health Service.

Termination of contracts

Resolving contractual disputes

Parties to the contract

Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution. The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them. Written in a clear and engaging style, Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners.

Contract Law: Principles and Context

When valuing goods, the cost of repairs, or assets purchased through negligent advice, it is common to ask “what is the date of assessment?” Judges usually start with the proposition that “as a general rule in English law damages for tort or for breach of contract are assessed as at the date of the breach”. This so-called “breach date rule” is subject to the caveat that it will not be applied “mechanistically” and will be departed from where necessary to reflect the overriding compensatory principle. Over time the rule has spawned a “growing list of exceptions”. It is still thought to be unclear how much of the breach date rule survives after The Golden Victory. We argue that most of the work supposedly done by the date of assessment rule is really done by mitigation. The law of damages does not require judges to pick a date on a timeline between breach and trial, but in order to understand why it can sometimes look like this, we need a better understanding of the mitigation rule. Mitigation requires damages to be assessed as if the claimant acted reasonably, if in fact it did not. Where there is an available market it is reasonable to expect the claimant to have resort to it, often shortly after the date of breach. However, this should not disguise the fact that the underlying rule is mitigation. The language of “date of assessment” is just convenient (and sometimes inconvenient) shorthand to describe the outcome once the mitigation rule has been applied. The search for a unitary date of assessment rule is ultimately misguided because loss (in the legal sense) is not measured by reference to a single date, whether at

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There is no "breach date rule": mitigation, difference in value and date of assessment

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There is no "breach date rule": mitigation, difference in value and date of assessment

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