John Carter

The University of Sydney Law School

Professor of Commercial Law

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

17

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CITATIONS
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in Total Papers Citations

3

Scholarly Papers (17)

1.

Good Faith in Australian Contract Law

Sydney Law School Research Paper No. 06/55, Journal of Contract Law, Vol. 19, p. 156, 2003
Number of pages: 24 Posted: 28 Nov 2006
John Carter and Elisabeth Peden
The University of Sydney Law School and The University of Sydney Law School
Downloads 1,060 (11,685)
Citation 1

Abstract:

Good faith, Contract law, Commercial construction of contract, Implied terms

2.

When Three Just Isn't Enough: The Fourth Category of the 'Subject to Contract' Cases

Journal of Contract Law, Vol. 20, p. 156, 2004, Sydney Law School Research Paper No. 06/56
Number of pages: 16 Posted: 28 Nov 2006
Elisabeth Peden, John Carter and Greg Tolhurst
The University of Sydney Law School, The University of Sydney Law School and The University of Sydney Law School
Downloads 827 (16,590)

Abstract:

Contract law, Conditional contracts, 'Subject to' Contravts, Uncertainty

3.

Entire Agreement - and Similar - Clauses

Journal of Contract Law, Vol. 22, No. 1, pp. 1-15, 2006, Sydney Law School Research Paper No. 07/53
Number of pages: 16 Posted: 31 Jul 2007
Elisabeth Peden and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 748 (20,587)
Citation 1

Abstract:

Contract law, entire agreements, parol evidence rule

4.

A Good Faith Perspective on Liquidated Damages

Journal of Contract Law, Vol. 23, No. 3, pp. 157-179, 2007, Sydney Law School Research Paper No. 07/71
Number of pages: 28 Posted: 27 Nov 2007
John Carter and Elisabeth Peden
The University of Sydney Law School and The University of Sydney Law School
Downloads 618 (27,647)

Abstract:

Contractual damages, liquidated damages, good faith

5.

The 'Natural Meaning' of Contracts

Journal of Contract Law, Vol. 21, p. 277, 2005, Sydney Law School Research Paper No. 06/58
Number of pages: 12 Posted: 28 Nov 2006
John Carter and Elisabeth Peden
The University of Sydney Law School and The University of Sydney Law School
Downloads 561 (35,907)
Citation 1

Abstract:

Contract law, Commercial construction

6.

Agreed Damages Clauses - Back to the Future?

Journal of Contract Law, Vol. 22, No. 2, pp. 189-198, 2006, Sydney Law School Research Paper No. 07/52
Number of pages: 11 Posted: 31 Jul 2007
Elisabeth Peden and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 445 (42,100)

Abstract:

Contract law, damages, liquidated damages, penalties, good faith

7.

Damages Following Termination for Repudiation: Taking Account of Later Events

Journal of Contract Law, Vol. 24, No. 2, pp. 145-175, 2008, Sydney Law School Research Paper No. 08/91
Number of pages: 23 Posted: 13 Aug 2008
John Carter and Elisabeth Peden
The University of Sydney Law School and The University of Sydney Law School
Downloads 436 (44,043)

Abstract:

Damages, contractual damages, actual loss, contractual conditions, contingencies, available market

8.

The Lottery of Contractual Risk Allocation and Proportionate Liability

Journal of Contract Law, Vol. 26, No. 1, pp. 1-24, 2009, Sydney Law School Research Paper No. 10/15
Number of pages: 25 Posted: 19 Jan 2010
Barbara McDonald and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 369 (57,411)

Abstract:

contract, concurrent liability in tort and contract, proportionate liability, purely economic loss in tort, negligence

9.

Incorporation of Terms by Signature: L'Estrange Rules!

Journal of Contract Law, Vol. 21, No. 1, pp. 96-106, 2005, Sydney Law School Research Paper No. 07/54
Number of pages: 12 Posted: 31 Jul 2007
Elisabeth Peden and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 324 (63,798)

Abstract:

Contract law, incorporation of contract terms, signature, commercial construction

10.

Taking Stock: The High Court and Contract Construction

Sydney Law School Research Paper No. 06/36, Journal of Contract Law, Vol. 21, No. 2, pp. 172-181, 2005
Number of pages: 13 Posted: 24 Oct 2006
Elisabeth Peden and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 322 (69,262)

Abstract:

Contract, Commercial construction, High Court

11.

Indemnities Against Breach and Settlements of Third Party Claims

Journal of Contract Law, Vol. 27, No. 3, pp. 265-278, 2011, Sydney Law School Research Paper No. 11/42
Number of pages: 15 Posted: 03 Aug 2011
Wayne Courtney and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 258 (73,848)

Abstract:

contract, indemnity, warranty, intellectual property, settlement, breach, damages, mitigation

12.

Good Faith in Contract: Why Australian Law is Incoherent

Sydney Law School Research Paper No. 14/38
Number of pages: 51 Posted: 07 Apr 2014
John Carter
The University of Sydney Law School
Downloads 211 (77,238)

Abstract:

contract, good faith, interpretation, implied terms, good faith in performance, cooperation, termination of contract

13.

Concurrent and Independent Rights to Terminate for Breach of Contract

Sydney Law School Research Paper No. 10/52
Number of pages: 45 Posted: 18 May 2010
John Carter and Yihan Goh
The University of Sydney Law School and Singapore Management University - School of Law
Downloads 199 (100,376)

Abstract:

contracts, termination for breach, common law and express rights, damages, election between rights and remedies

14.

Implied Terms: What is the Role of Construction?

Journal of Contract Law, Vol. 31, Issue 1, pp. 151-167, 2014, Sydney Law School Research Paper No. 14/37
Number of pages: 23 Posted: 08 Apr 2014
Wayne Courtney and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 181 (92,743)

Abstract:

contract, implied terms, construction, Belize Telecom

15.

The Construction of Commercial Contracts

Sydney Law School Research Paper No. 14/57
Number of pages: 24 Posted: 17 Jun 2014
John Carter
The University of Sydney Law School
Downloads 179 (91,996)

Abstract:

Construction of contracts, interpretation, general principles, context, construction rules, ICS Principles, stages in construction

16.

Debts, Liquidated Sums and the Enforcement of Claims Under Guarantees and Indemnities

Journal of Contract Law, Vol. 30, Issue 1, pp. 70-91, 2013, Sydney Law School Research Paper No. 14/35
Number of pages: 23 Posted: 02 Apr 2014
Wayne Courtney and John Carter
The University of Sydney Law School and The University of Sydney Law School
Downloads 147 (116,063)

Abstract:

debt, liquidated damages, guarantees, indemnities

17.

Issues of Principle in Assessing Contract Damages

Journal of Contract Law, Vol. 31, No. 2, pp. 171-205, 2014, Sydney Law School Research Paper No. 14/86
Number of pages: 47 Posted: 13 Sep 2014
John Carter, Wayne Courtney and Greg Tolhurst
The University of Sydney Law School, The University of Sydney Law School and The University of Sydney Law School
Downloads 112 (92,743)

Abstract:

Damages, contract damages, measure of loss, sale of business or sale of goods, breach of warranty of quality, use of default measures of loss, performance or expectation interest, time of assessment of loss, proof of loss, evidence of market value, mitigation, subsequent sale