The third edition of this work analyses a number of commonly found boilerplate clauses in commercial contracts and illustrates, through case law, how the various forms of these clauses have been judicially interpreted. At the conclusion of each chapter, from the previous analysis, the book provides recommendations for the practitioner as to the issues that should be taken into account when drafting such clauses. The emphasis of the book is upon the application of the principles of contract directly in relation to the construction of contracts and is not merely a recitation of those principles. A number of recent cases have been added to this edition to illustrate points of construction. In addition, the book goes beyond the bounds of the common law of contract and also examines how the application of relevant statute law such as the Australian Consumer Law provisions relating to unconscionability, statutory guarantees and unfair terms impact the construction of certain contracts. Significant recent amendments to the Australian Consumer Law on Unfair Contracts affecting construction have been extensively analysed.
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