About

Julie Clarke

Julie Clarke

This blog contains news and discussion about Australian contract and consumer law.

Contact

Dr Julie Clarke
Senior Lecturer
School of Law, Deakin University

Email: jclarke@deakin.edu.au

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5 thoughts on “About

  1. Dear Julie,
    I’m an Australian currently living in Belgium. I’m attempting to finish my MBA at Curtin Uni (WA) and em currently enrolled in ‘legal environment’. I’ve just stumbled upon your website while trying to research contract law for my assignment and I think it’s going to be a great help. Essentially, the assignment question involves a property investor, Alexa, who purchases an old warehouse to convert into 10 appartments. She engages a building company to do the required works and they provide a quote, which she accepts. Alexa also pays the advance payment, as required in the quote. The building company starts work, finishes 4 appartments but then goes into liquidation. Alexa gets another buider to finish the job. She refuses to pay the total amount to the first company as the job was not finished and she claims the return of the advance payment. I need to advice the liquidator if the balance of the contract price or any part of the price can be recovered from Alexa and advise Alexa if she can recover the advance payment.

    Can you suggest a text book or any other readings that could help me answer the question? The assignment is generally concerned with the rule of ‘precise performance’.

    Kindest regards,
    Aileen

    • Aileen

      Most general contract texts should be able to help – I’m not sure if it’s really concerned with the rule of ‘precise performance’. It seems pretty clear the company has fallen well short of this (although I don’t know the details of the cotnract!) In the context of performance and remedies there may be issues regarding whether this is an entire or severable contract and generally issues surrounding remedies for breach, including damages and – separately – restitution. Most contract texts and casebooks will cover all of these things. Naturally I first recommend my own: Clarke, Clarke and Zhou, Contract Law: Commentaries, Cases and Perspectives, OUP, 2008 – but all they other current contract texts and casebooks will do the job: I think they’re probably the best place to start – I’m not sure what detail is expected but as this is not a law course as such the general material contained in these texts is probably all you need.

      Julie

  2. Hi Julie,

    I am leading a group of 26 U.S. undergraduate students to Australia in January 2009 to study e-commerce law. I recently became aware of the the new Australian Consumer Law and I am wondering how it would apply to online contracting via shrinkwrap, clickwrap and/or browsewrap terms. I have browsed the new law for direct references to these types of contracts, but have not found them. Can you please enlighten me regarding the Law’s application to these types of standard contracts?

    Thanks!

    Rick

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