Full Description
This book is a unique study of the law of contract in a range of South Pacific Island countries: Cook Islands, Fiji, Kiribati, Marshall Islands, Nauru, Niue, Papua New Guinea, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands and Vanuatu, to name a few.Whilst this law has yet to establish its own regional identity, it differs significantly from the law of contract which operates in England and Wales. Incorporating an up to date survey of local jurisprudence, this book discusses the common law principles with reference to both regional decisions and case law from England and Wales. Further, it explains how the law of contract differs from country to country within the South Pacific and highlights the areas where regional courts have chosen to follow national legal developments in other countries, such as Australia and New Zealand. Relevant legislation in operation is also discussed, including local enactments and statutes that have been introduced from overseas. In addition, a separate chapter is specifically dedicated to customary laws, exploring the question of whether there is a customary law of contract. It explains the role of customary laws and their place within State law hierarchies of laws in South Pacific legal systems. Subsequent chapters go on to explore the relationship between customary laws and particular State contract laws.Contract Law in the South Pacific is a valuable resource for students, academics and legal practitioners, both within and outside the region.
Contents
Chapter 1. Introduction (p. 1) Chapter 2. Contract and Customary Laws (p. 25) Chapter 3. Formation of an Agreement (p. 39) Chapter 4. Uncertain and Incomplete Agreements (p. 69) Chapter 5. Intention to Create Legal Relations (p. 83) Chapter 6. Consideration (p. 93) Chapter 7. Promissory Estoppel (p. 109) Chapter 8. Privity of Contract (p. 123) Chapter 9. Terms (p. 141) Chapter 10. Formalities (p. 191) Chapter 11. Incapacity (p. 207) Chapter 12. Misrepresentation (p. 223) Chapter 13. Duress, Undue Influence and Unconscionability (p. 245) Chapter 14. Mistake (p. 265) Chapter 15. Illegality (p. 281) Chapter 16. Frustration (p. 299) Chapter 17. Discharge by Agreement (p. 313) Chapter 18. Discharge by Performance (p. 321) Chapter 19. Termination for Breach (p. 327) Chapter 20. Remedies (p. 337)
