“This is not just a student textbook. It is an essential, invaluable and accessible tool for every lawyer in the South Pacific or any lawyer anywhere dealing with the South Pacific.”
- From the Foreword by Justice David Cannings CBE Judge of the National Court and the Supreme Court of Papua New Guinea
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.
Professor Jennifer Corrin is Director of Comparative Law in the Centre for Public, International and Comparative Law at the TC Beirne School of Law, The University of Queensland. Before joining the University, Jennifer spent five years at the University of the South Pacific, having joined the Faculty after nine years in her own legal firm in Solomon Islands. Her research focusses on law reform and development in plural legal regimes. Jennifer retains strong links with the profession, and is admitted as a legal practitioner in Fiji, Solomon Islands, England and Wales and Queensland.
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)