The Construction and Performance of Commercial Contracts: 1st Edition (Hardback) book cover

The Construction and Performance of Commercial Contracts

1st Edition

By S.A Christensen, W.D Duncan

Federation Press

264 pages

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This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts.

The first Part of the work deals with general principles of interpretation. It then considers clauses which allocate commercial risk; clauses relating to performance; clauses introducing new parties by way of assignment, novation or nomination; clauses such as guarantees and indemnities which create liabilities in third parties; and dispute resolution clauses including governing law.

The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners.

Table of Contents


Table of Cases

Table of Statutes

Contracts in Contemporary Commercial Dealings

General Principles for Construction of Contracts


Liquidated Damages Clauses

Exclusion and Limitation of Liability Clauses

Entire Agreement Clauses

Passing of Risk in Real Property Transactions

Force Majeure

Contingent Conditions

Time Provisions

Confidentiality Clauses

Notice Provisions

Further Assurance and Cooperation






Dispute Resolution Clauses

Governing Law and Jurisdiction Clauses


About the Authors

Professor Bill Duncan, LLB(Qld), LLM(Lond), Solicitor Queensland is a Professor in the Faculty of Law, Queensland University of Technology and consultant to Allens Arthur Robinson Solicitors.

Professor Duncan has practised , published and lectured extensively in all aspects of property transactions including land contracts, commercial leasing and land mortgages and allied subjects since 1970.

Subject Categories

BISAC Subject Codes/Headings:
SOCIAL SCIENCE / Criminology