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Professor Elisabeth Peden

Profile

Degrees

BA (First Class Honours) (German literature) Syd; LLB (First Class Honours and Medal) Syd; PhD Camb

Courses Taught

  • Contract Law
  • Litigation
  • Advanced Contracts
  • Controlling Liability for Breach of Contract (LLM)

Areas of Interest

  • Contract Law
  • Personal Property
  • Evidence
  • Art Law

Brief Biographical Detail Elisabeth studied languages and law at the University of Sydney, and 6 months at the University of Freiburg, Germany. She then spent a year in 1994 as associate to Justice Lockhart in the Federal Court and then 1995 as associate to Justice McHugh in the High Court.

She spent three years (1996-8) at Gonville and Caius College, Cambridge completing her PhD. Her thesis is entitled "A Rationalisation of Implied Terms in Contract Law".

She was appointed as a Lecturer in the faculty in January 1999. She is an editor of the Commercial Law Quarterly, and the book review editor of the Journal of Contract Law. She is admitted as a legal practitioner of NSW.

Publications

Books

  • Tolhurst, G & Peden, E (eds), Commercial Issues in Contract Law, Ross Parsons Centre of Commercial, Corporate and Taxation Law, Sydney (2008).
  • Carter, JW, Peden, E & Tolhurst, GJ, Cases and materials on contract law in Australia, LexisNexis Butterworths: Sydney (5th edition 2007).
  • Carter, J W, Peden E & Tolhurst, G J, Contract Law in Australia, LexisNexis (5th ed, 2007).
  • Peden, E, Odgers, S & Kumar, M, A Companion to Uniform Evidence Law, Thompson (2nd ed, 2007).
  • Odgers, S, Peden, E & Kumar, M, A Companion to Uniform Evidence Law, Lawbook Co (2004).
  • Peden, E, Good Faith in the Performance of Contracts, Butterworths (2003).
  • Peden, E, Evidence, Butterworths Student Companion (2000).
  • Carter, J W, Lane, P, Peden, E & Tolhurst, G,Helmore's Commercial Law and Personal Property, LBC (10th ed, 1992).

Articles

  • Carter, J & Peden, E, ‘Damages Following Termination for Repudiation: Taking Account of Later Events ’ (2008) 24(2) Journal of Contract Law 145-175
  • Carter, J & Peden, E, ‘A Good Faith Perspective on Liquidated Damages’ (2007) 23(3) Journal of Contract Law 157-179
  • Peden, E & Carter, J W & Stammer, K, ‘Contractual Restrictions and Rights Under Copyright Legislation’ (2007) 23 (1 & 2) Journal of Contract Law 32-54
  • Peden, E & Carter, J W, ‘Agreed Damages Clauses - Back to the Future?’ (2006) 22(2) Journal of Contract Law 189-198
  • Peden, E & Carter, J W, ‘Entire Agreement - and Similar – Clauses’ (2006) 22(1) Journal of Contract Law 1-15
  • Peden, E, Carter, J W & Tolhurst, G J, ‘Developing the Intermediate Term Concept’ (2006) 22(3) Journal of Contract Law 268-286
  • Peden, E & Riley, J, ‘Law Graduates' Skills - A pilot study into employers’ perspectives’ (2005) 15(1 & 2) Legal Education Review 87-124
  • Carter, J W & Peden, E, 'The 'Natural Meaning' of Contracts' (2005) 21 Journal of Contract Law 277-286.
  • Peden, E, 'When Common Law Trumps Equity: the rise of good faith and reasonableness and the demise of unconscionability' (2005)21 Journal of Contract Law 226-249.
  • Peden, E, 'Contract Law' (2005) 2 Student Law Reporter 19-21.
  • Peden, E & Carter, J W, 'Taking Stock: The High Court and Contract Construction' (2005) 21 Journal of Contract Law 172-181.
  • Peden, E & Carter, J W, 'Incorporation of Terms by Signature: L'Estrange Rules!' (2005) 21 Journal of Contract Law 96.
  • Peden, E, Carter, J W & Tolhurst, G, 'When Three Just isn't Enough: the Fourth Category of 'Subject to Contract' Cases' (2004) 20 Journal of Contract Law 156.
  • Carter, J W & Peden, E, 'Liabilty Provisions in Contracts: Indemnities, Guarantees and Exclusions' (2004) 18 Commercial Law Quarterly 12.
  • Peden, E, 'Contractual Good Faith: Can Australia benefit from the American Experience?' (2003) 15 Bond Law Review 175.
  • Peden, E & Carter, J W, 'Good Faith in Australian Contract Law' (2003) 19 Journal of Contract Law 155.
  • Peden, E & Carter, J W, 'Good Faith in Australian Contract Law' (2003) 17 Commercial Law Quarterly 15.
  • Peden, E, 'The meaning of contractual good faith' (2002) 22 Australian Bar Review 235.
  • Peden, E, 'The mistake of looking for legislative influence in contractual good faith' (2002) 16 Commercial Law Quarterly 20.
  • Peden, E, 'Policy concerns in terms implied in law' (2001) 117 Law Quarterly Review 459.
  • Peden, E, 'Incorporating Terms of Good Faith in Contract Law in Australia' (2001) 23 Sydney Law Review 222.
  • Contributor: Krever, R, Mastering Law, (5th ed, 2001).
  • Peden, E, ''Co-operation' in English Contract Law: to construe or imply?' (2000) 6 New Zealand Business Law Quarterly 123; and (2000) 16 Journal of Contract Law 56.
  • Peden, E & Carter, J W, 'The Bonds of Partnership' (2000) 16 Journal of Contract Law 275.
  • Peden, E, 'The need for speed: Fried v Dixie Holdings Pty Ltd [2000] FCA 1048' (2000) 14 Commercial Law Quarterly 21.
  • Book review: 'Regulating contracts, by Hugh Collins, OUP, 1999' (2000) 22 Sydney Law Review 468
  • Peden, E, 'Damages under sections 82 and 87 Trade Practices Act' (1999) 13 Commercial Law Quarterly 8.
  • Peden, E, 'Implied terms and the Usage of Artists' Copies' (1996) 1 Art, Antiquity & Law 298.
  • Peden, E, 'The Law Lords: a new Supreme Court?', Times Law Essay Award, 1996.
  • Peden, E, 'Contracts of Guarantee' (1991) 4 Journal of Contract Law 264.
  • Peden, E, 'A Classification of Contracts of Guarantee' (1991) 13 Sydney Law Review 221.

Conference Papers

  • Peden, E, ‘Conservation Agreements - Contracts or Not?’, presented at Beyond Environmental Law Conference, 16-17 February 2007
  • Peden, E, ‘Liquidated Damages’, presented at the Commercial Law Association of Australia conference Current Issues in Contract Law, Sydney, 27 July 2007
  • Peden, E & Carter, J, ‘Contractual Restrictions and Rights under Copyright Legislation’, presented at Journal of Contract Law Conference, 29th September 2006
  • Peden, E & Carter, J, ‘A Good Faith Perspective on Liquidated Damages’ presented at Obligations III Conference, 14th July 2006
  • Peden, E, 'Good Faith', presented to Commercial Law Association, 30th July 2004.
  • Peden, E, 'Best Endeavours', presented to Commercial law Association, 29th July 2003.
  • Peden, E, 'Exclusion Clauses', presented at Personal Injury Conference, Hunter Valley, 16th June 2003.
  • Peden, E, 'Inherent and obvious risks, waivers and recreational activities', Discussion Forum on the New South Wales Civil Liability Reforms, Parliament House, Sydney 23rd September 2002.
  • Peden, E, 'Good Faith and Contract' presented at Gilbert and Tobin, 17th July 2000.
  • Peden, E, 'Co-operation and Implication' presented at the Sanctity of Contract Law Conference, Auckland, New Zealand, 22nd November 1999.