ABSTRACT

This book presents the general principles of contract law that apply in the countries of the University of the South Pacific ('USP') region - Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Nauru, Niue, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands, and Vanuatu. It is unique in that it provides the only up-to-date survey of regional authorities for the principles of contract operating within the region.

Like many other branches of the law, contract law has yet to establish its own identity in the South Pacific. However, whilst it is still based on the law of England, there are significant differences between English contract law and South Pacific contract law. The text provides a clear explanation of this divergence and highlights regional innovations, both in the form of legislation and local case law. It also examines the role of customary law and provides a comprehensive study of the significant differences between the law of contract in individual regional countries.

Comparison is made between regional law with current English contract law, and with the contract law of Australia and New Zealand, particularly where regional courts have preferred that law to the law of England. This book is essential reading for all students of contract law in the South Pacific and constitutes a very useful source book and guide for academics and practitioners, from within and outside the region.

chapter 1|24 pages

INTRODUCTION

chapter 2|6 pages

FORMATION OF AN AGREEMENT

chapter 10|4 pages

ders

chapter |16 pages

To whom may an offer be made?

chapter 3|6 pages

UNCERTAIN AND INCOMPLETE AGREEMENTS

chapter |4 pages

‘Subject to contract’ agreements

chapter 4|4 pages

INTENTION TO CREATE LEGAL RELATIONS

chapter |2 pages

REBUTTING THE PRESUMPTIONS

chapter 5|9 pages

CONSIDERATION

chapter |5 pages

Illegal or immoral consideration

chapter 6|2 pages

ESTOPPEL

chapter |8 pages

OBJECTIONS TO THE PRINCIPLE OF ESTOPPEL

chapter 7|6 pages

PRIVITY OF CONTRACT

chapter |8 pages

Statutory provisions

chapter 8|7 pages

TERMS

chapter |14 pages

Evidence of a collateral contract

chapter |1 pages

Reasonableness

chapter |2 pages

Contracts outside the Act

chapter |7 pages

Regional legislation

chapter 9|10 pages

FORMALITIES

chapter 10|7 pages

INCAPACITY

chapter 11|4 pages

MISREPRESENTATION

chapter |2 pages

Where a representation becomes false

chapter |1 pages

Bars to rescission

chapter |4 pages

Statutory Bars

chapter |3 pages

Misleading or deceptive conduct

chapter 13|12 pages

MISTAKE

chapter 14|14 pages

ILLEGALITY

chapter 15|2 pages

FRUSTRATION

chapter |3 pages

Normally a lease cannot be frustrated

chapter |4 pages

EFFECTS OF FRUSTRATION

chapter 16|6 pages

DISCHARGE BY AGREEMENT

chapter 17|4 pages

DISCHARGE BY PERFORMANCE

chapter |2 pages

Lump sum contracts

chapter 18|2 pages

TERMINATION FOR BREACH

chapter |8 pages

FORMS OF REPUDIATION

chapter 19|6 pages

REMEDIES

chapter |9 pages

The rule in Hadley v Baxendale

chapter |10 pages

Non-pecuniary loss

chapter |2 pages

Money paid under a mistake of fact

chapter |2 pages

Money paid to a third party

chapter 20|14 pages

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