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Reading roomReading room: Articles, speeches and opinion pieces

 

Overview

This page covers articles, speeches and opinion pieces sorted by year and author. See also books and book chapters.

Please note this does not purport to be comprehensive; it contains some select articles on contract law. Links to external pages provided where article is freely available online.

Articles

2019

Should specifically deterrent or punitive remedies be made available to victims of misleading conduct under the Australian Consumer Law?
Elise Bant and Jeannie Marie Paterson, 'Should specifically deterrent or punitive remedies be made available to victims of misleading conduct under the Australian Consumer Law?' (2019) 25(2) Torts Law Journal 99

Torts LJ

The 'Prima Facie Expectation Relief' Approach in the Australian Law of Proprietary Estoppel
Ying Khai Liew, 'The 'Prima Facie Expectation Relief' Approach in the Australian Law of Proprietary Estoppel' (2019) 39(1) Oxford Journal of Legal Studies 183-208

2018

Teaching contract vitiation in Australia: New challenges in subject design
Rick Bigwood and Rob Mullins, 'Teaching contract vitiation in Australia: New challenges in subject design' (2018) 30(2) Bond Law Review 185-216

Bond Law Review cover

The undue influence of 'non-Australian' undue influence law on Australian undue influence law: farewell Johnson v Buttress? Part 1
Rick Bigwood, 'The undue influence of 'non-Australian' undue influence law on Australian undue influence law: farewell Johnson v Buttress? Part 1' (2018) 35(1-2) Journal of Contract Law 56

Journal of contract law cover

Construction of contracts: the ambiguity gateway and the current state of the law
Maha Chaar, 'Construction of contracts: the ambiguity gateway and the current state of the law' (2018) 44(1) University of Western Australia Law Review 65

 

From unconscionability to unfairness: a critique of Hong Kong' sunconscionable contracts ordinance with Australian developments
May Fong Cheong and Kendy Ding, 'From unconscionability to unfairness: a critique of Hong Kong's unconscionable contracts ordinance with Australian developments' (2018) 35(1-2) Journal of Contract Law

Journal of contract law cover

Consumer guarantees and the doctrine of half-truth
Editorial, 'Consumer guarantees and the doctrine of half-truth' (2018) 26(2) Australian Journal of Competition and Consumer Law 95

AJCCL

Contract codification and 'certainty'
John Eldridge, 'Contract codification and 'certainty'' (2018) 35(1-2) Journal of Contract Law

Journal of contract law cover

The Proposed Australian Consumer Data Right: A European Comparison
Sasmson Yoseph Esayas and Angela Daly, 'The Proposed Australian Consumer Data Right: A European Comparison' (2018) 3 European Competition and Regulatory Law Review 1-15 (pre-print version)

Core

Is the CISG slowly becoming part of the common law?
Howard Hunter, 'Is the CISG slowly becoming part of the common law?' (2018) 35(1-2) Journal of Contract Law

Journal of contract law cover

Disagreement over the illegality defence
Alexander Loke, 'Disagreement over the illegality defence' (2018) 35(1-2) Journal of Contract Law

Journal of contract law cover

Will emerging information technologies outpace consumer protection law? — The case of digital consumer manipulation
Kayleen Manwaring, 'Will emerging information technologies outpace consumer protection law? — The case of digital consumer manipulation' (2018) 26 CCLJ 141

CCLJ

Contract interpretation and deleted words: a not so pleasant diversity of authority
David McLauchlan, 'Contract interpretation and deleted words: a not so pleasant diversity of authority' (2018) 35(1-2) Journal of Contract Law

Journal of contract law cover

Can a Big Business Avail Itself of the Unfair Contract Term Provisions in the Australian Consumer Law?
Peter Sise, 'Can a Big Business Avail Itself of the Unfair Contract Term Provisions in the Australian Consumer Law?' (2019) 26 AJCCL 276

AJCCL

Consumer protection, modern regulation, paternalism and the nanny state: Understanding the legitimacy challenge
Eric L Windholz, 'Consumer protection, modern regulation, paternalism and the nanny state: Understanding the legitimacy challenge' (2018) 26 CCLJ 182

CCLJ

2017

Apple iOS Updates Cause ACCC Service Headache, Overseas Camera Purchase Not a Pretty PICTURE, and Flimsy eBay Sheds
Thomas Cadd, 'Apple iOS Updates Cause ACCC Service Headache, Overseas Camera Purchase Not a Pretty PICTURE, and Flimsy eBay Sheds' (2017) 25(3) Australian Journal of Competition and Consumer Law 213

Proving Misleading or Deceptive Conduct: Challenges Posed by the Internet
Adrian Coorey, 'Proving Misleading or Deceptive Conduct: Challenges Posed by the Internet' (2017) 25(2) Australian Journal of Competition and Consumer Law 97

The Law of Penalties and the Question of Breach
Anthony Gray, 'The Law of Penalties and the Question of Breach' (2017) 45 ABLR 8

Online shopping, misleading advertising and consumer protection
Kanchana Kariyawasam & Shaun Wigley, 'Online shopping, misleading advertising and consumer protection' (2017) 26(2) Information & Communications Technology Law 73-89

Assessment of Contractual Penalties: Dunlop Deflated
J W Carter, 'Assessment of Contractual Penalties: Dunlop Deflated' (2017) 34 JCL 4

When Not All Sellers Are Traders: Re-Evaluating the Scope of Consumer Protection Legislation in the Modern Marketplace
Kate Tokeley, 'When Not All Sellers Are Traders: Re-Evaluating the Scope of Consumer Protection Legislation in the Modern Marketplace' [2017] SydLawRw 3; (2017) 39(1) Sydney Law Review 59

2016

Businesses beware. When does the Australian Consumer Law apply?
James North and Richard Flitcroft, 'Businesses beware. When does the Australian Consumer Law apply?' (June 2016) 86(5) Governance Directions 306-309

The admissibility and use of evidence of prior negotiations in modern contractual negotiations
Caitlin Moudtaka, 'The admissibility and use of evidence of prior negotiations in modern contractual negotiations' (2016) 41(1) The University of Western Australia Law Review 203

What's in a Name? Software, Digital Products and the Sale of Goods
Ben Hayward, 'What's in a Name? Software, Digital Products and the Sale of Goods' (2016) 38 Sydney Law Review 441

2015

Consumer guarantees - lessons to be learnt from afar
L D Griggs, A Freilich and N Messel, 'Consumer guarantees - lessons to be learnt from afar' (2015) 23 Australian Journal of Competition and Consumer Law 36-44.

2013

Google v ACCC: The High Court considers misleading and deceptive conduct
Rosanne Sands, 'Google v ACCC: The High Court considers misleading and deceptive conduct' [2013] UNDAULawRw 7; (2013) 15 The University of Notre Dame Australia Law Review 152

Striking the modern balance between freedom of contract and consumer rights
Justice Steven Rares, 'Striking the modern balance between freedom of contract and consumer rights' [2013] FedJSchol 21

The Uncertain Basis of the Postal Acceptance Rule?
David McLauchlan (2013) 30 Journal of Contract Law 33

The Relevance of Breach to the Applicability of the Rule against Penalties
Sirko Harder (2013) 30 Journal of Contract Law 52
(discussed in the context of Andrews v ANZ)

External link Three models of promissory estoppel
Andrew Robertson, 'Three models of promissory estoppel' (2013) 7 Journal of Equity 226

2012

External link Companies Take Heed: The Misleading or Deceptive Conduct Provisions Are Gaining Prominence
Gill North (2012) 30 Company and Securities Law Journal 342

External link The Government's Proposed "Review of Australian Contract Law": A Preliminary Positive Response
Luke Nottage, 'The Government's Proposed "Review of Australain Contract Law": A Preliminary Positive Response' (2012, Sydney Law School Research Paper No 12/49)

The International Harmonisation of Australian Contract Law
Donald Robertson (2012) 29 Journal of Contract Law 1

External link Section 18 of the Australian Consumer Law and Environmental Issues
Michael Adams and Marine Nehme, 'Section 18 of the Australian Consumer Law and Environmental Issues' [2012] BondLawRw 2; (2012) 24(1) Bond Law Review

What’s Wrong with the Australian Law of Contract?
Andrew Stewart (2012) 29 Journal of Contract Law 74

2011

Agreements, Common Mistake and the Purpose of Contract
Andrew Tettenborn (2012) 22 Journal of Contract Law 91

2010

External link The Enforceability of Agreements to Negotiate in Good Faith
Jack O'Connor [2010] UTasLawRw 8; (2010) 29(2) University of Tasmania Law Review 177

External link Good faith: Where are We At?
The Hon Marilyn Warren AC (2010) 34 Melbourne University Law Review 344

2009

External link The Australian Unfair Contract Terms Law: The Rise of Substantive Unfairness as a Ground for Review of Standard Form Consumer Contracts
Jeannie Paterson, 'The Australian Unfair Contract Terms Law: The Rise of Substantive Unfairness as a Ground for Review of Standard Form Consumer Contracts' (2009) 33(3) Melbourne University Law Review

External link Contract Interpretation: What Is It About?
David McLauchlan [2009] SydLawRw 1; (2009) 31(1) Sydney Law Review 5

2008

External link Codifying Australia's Contract Law - Time for a Stocktake in the Common Law Factory
Dan Svantesson, 'Codifying Australia's Contract Law - Time for a Stocktake in the Common Law Factory' (2008) 20(2) Bond Law Review (article 5)

2007

External link Laying the Mark to Port and Starboard: Salvage Under Duress and Economic Duress at Contract Law
Olivia Lennox-King [2007] ANZMarLawJl 5; (2007) 21(1) Australian and New Zealand Maritime Law Journal 32

2006

External link Contract formation, contract interpretation, and subsequent conduct
D W McLauchlan, 'Contract formation, contract interpretation, and subsequent conduct' (2006) 25(1) The University of Queensland Law Journal 77

External link Implied Obligations of Good Faith and Resonableness in the Performance of Contracts: Old Wine in New Bottles?
Geoffrey Kuehne [2006] UWALawRw 4; (2006) 33(1) University of Western Australia Law Review 63

External link The Implied Duty of Good Faith in Australian Contract Law
Justice Robert McDougall [2006] AUConstrLawNlr 36; (2006) 108 Australian Construction Law Newsletter 28

External linkMisleading and deceptive conduct: Immunising the intermediary - the conduit defence
Peter Gillies (2006) 14 Trade Practices Law Journal 208

External link Structuring the application of the equitable doctrines of undue influence and unconscionable dealing
Andrew N Sykes (2006) 13(1) E Law Murdoch University Electronic Journal of Law 46-57

2005

External link Quantum Meruit for Building Services Under Unenforceable Contract
Chris Fenwick [2005] AUConstrLawNlr 17; (2005) 101 Australian Construction Law Newsletter 6

External link Good Faith and Fair Dealing: Australia
Finn, J (2005) 11 New Zealand Business Law Quarterly 378

External link The Limits of Voluntariness in Contract
Andrew Robertson [2005] MULR 5; 29 Melbourne University Law Review 218

External link Revisiting the Rule in L'Estrange v F Graucob Ltd
Phillip Sharp [2005] BondLawRw 17; (2005) 17(2) Bond Law Review 204

2003

External link The Admissibility of Evidence of Surrounding Circumstances in the Interpretation of Contracts
Francis Tiernan [2003] AUConstrLawNlr 51; (2003) 92 Australian Construction Law Newsletter 14

External link Good Faith: Is It a Contractual Obligation?
Bruno Zeller [2003] BondLawRw 30; (2003) 15(2) Bond Law Review 217

2002

External link Contract And The Family: Whither Intention
Maria Keyes and Kylie Burns [2002] MULR 30; (2002) 26 Melbourne University Law Review 577

2001

Contract by Offer and Acceptance: Still the Law?
Mr Justice PW Young (2001) 75(7) ALJ 419

[Discussion of decision in Brambles Holdings v Bathurst City Council]

2000

External link Breach of Contract and Misleading Conduct: A Storm in A Teacup?
Jason Cornwall-Jones (2000) 24(2) Melbourne University Law Review

1998

External link Electronic Signatures: Understand the Past to Develop the Future
Adrian McCullagh, Peter Little and William Caelli [1998] UNSWLawJl 56; (1998) 21(2) University of New South Wales Law Journal 452

External link Rescission of an Executed Contract at Common Law for an Innocent Misrepresentation
Peter McFarlane and Lindy Willmott [1998] BondLawRw 4; (1998) 10(1) Bond Law Review 58

1997

Breach of Contract and Misleading or Deceptive Conduct
Skapinker D and Carter J W (1997) 113 LQR 294

1994

Good Faith and Fairness in Commercial Contract Law
Rt Hon Lord Justice Staughton, (1994) 7 Journal of Contract Law 193

1993

Contract and its Relationship with Equitable Standards and the Doctrine of Good Faith
Sir Anthony Mason, The Cambridge Lectures, 1993 (8 July 1993)

1990

External link Concrete Constructions (NSW) Pty Ltd v Nelson
Philip Solomon, (1990) 17 Melbourne University Law Review 759

1989

The Hegemony of Misleading or Deceptive Conduct in Contract, Tort and Restitution
Philip H Clarke (1989) 5 Australian Bar Review 109

External link Contract, Restitution and Promissory Estoppel
John Carter [1989] UNSWLawJl 3; (1989) 12(1) University of New South Wales Law Journal 30

External link A Guide to a Comparison of Australian and United States Contract Law
The Hon Justice L J Priestley [1989] UNSWLawJl 2; (1989) 12(1) University of New South Wales Law Journal 4

1986

The Implied Contract Theory of Quasi-Contract: Civilian Opinion Current in the Century Before Blackstone
Birks and McLeod (1986) 6 Oxford Journal of Legal Studies 46

1985

External link Freeze, Flight and Fight in High Court Contract Judgments
M P Ellinghaus, 'Freeze, Flight and Fight in High Court Contract Judgments' (1985) 10(2) Adelaide Law Review 184

1977

External link Illusory, Vague and Uncertain Contractual Terms
HK Lucke, 'Illusory, Vague and Uncertain Contractual Terms' (1977-1978) 6(1) Adelaide Law Review 1

1976

The Inconsistent Collateral Contract
David W McLauchlan, 'The Inconsistent Collateral Contract' (1976-1977) 3 Dalhousie LJ 136

1974

Wigan v Edwards (Contract)
Janet N Walker [1974] MelbULawRw 9; (1974) 9(3) Melbourne University Law Review 537

1973

External link Signature, Consent and the Rule in L'Estrange v Graucob
Spencer (1973) Cambridge Law Journal 104

 

 

Opinion pieces

2019

Should online users be bound by their privacy agreements?
Samuel Becher, 'Should online users be bound by their privacy agreements?' (The Conversation, 1 March 2019)

Fines that’ll hurt. ASIC’s powerful, if ill-fitting, teeth
Elise Bant and Jeannie Marie Paterson, 'Fines that’ll hurt. ASIC’s powerful, if ill-fitting, teeth' (The Conversation, 27 February 2019)

Research shows most online consumer contracts are incomprehensible, but still legally binding
Samuel Becher, 'Research shows most online consumer contracts are incomprehensible, but still legally binding' (The Conversation, 4 February 2019)

2018

That contract your computer made could get you in a legal bind
Mark Giancaspro, 'That contract your computer made could get you in a legal bind' (The Conversation, 11 April 2018)

Comic contracts and other ways to make the law understandable
Camilla Baasch Anderson, 'Comic contracts and other ways to make the law understandable' (The Conversation, 19 January 2018)

2017

Like it or not, you’re getting the NBN, so what are your rights when buying internet services?
Jeannie Marie Paterson, 'Like it or not, you’re getting the NBN, so what are your rights when buying internet services?' (The Conversation, 23 October 2017)

2016

Changes to contract laws could give small farming businesses more control of data and innovation
Leanne Wiseman, 'Changes to contract laws could give small farming businesses more control of data and innovation' (The Conversation, 25 November 2016)

Explainer: what is contract theory and why it deserved a Nobel Prize
Hongyi Li and Anton Kolotilin, 'Explainer: what is contract theory and why it deserved a Nobel Prize' (The Conversation, 12 October 2016)