Edelman, James, Goudkamp, James, Degeling, Simone 　著

目次

*Characterisation of contractual terms and commercial relationships / The Honourable Chief Justice Allsop AO *General law principles impacting on contractual rights / The Honourable Chief Justice Tom Bathurst AC *Excluding exclusion clauses: judicial and statutory techniques, freedom of contract and public policy / Dr Andrew Bell SC *Illegality as a defence in contract / Professor Andrew Burrows QC (Hon) FBA DCL *Why bother with the consideration doctrine? / Professor Mindy Chen-Wishart *Is a relational contract a legal concept? / Professor Hugh Collins FBA *Contract formation and different conceptions of evidence / Professor Joshua Getzler *Specific implement and specific performance – are they really much the same? / The Right Honourable the Lord Hope KT PC *Consideration in contract – some historical and comparative perspectiveS / The Honourable Justice Susan Kiefel AC *Equitable estoppel as a cause of action: neither one thing nor another / Professor Ben McFarlane *The many versions of rectification for common mistake / Professor  David McLauchlan *Evidence of “genuineness”? Available evidence on the question of penalties / Professor Elisabeth Peden *The emergence of good faith as a principle of contract performance / Professor David Percy QC *Encounters with history, theory and doctrine – some reflections on discharge by breach of contract / The Honourable Justice Andrew Phang and Goh Yihan *The foundations of implied terms: logic, efficacy and purpose / Professor Andrew Robertson *In praise and defence of the traditional rules for the interpretation of contracts / Professor Robert Stevens *Of debts, damages and errant trustees / Professor Andrew Tettenborn