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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

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

Areas of Interest

  • Art Law
  • Contract Law
  • Evidence
  • Personal Property


Brief Biographical Detail

Elisabeth studied languages and law at the University of Sydney, and 6 months at the University of Freiburg, Germany. She worked as an associate to Justice Lockhart (Federal Court) and Justice McHugh (High Court).

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

She joined the Faculty of law in 1999. She is an editor of the Commercial Law Quarterly, and is on the editorial board of the Journal of Contract Law. She is admitted and practises as a barrister.

Publications

Books | Book Chapters |Articles | Conference Papers


Books

  • Kumar, M, Odgers, S & Peden, E, Uniform Evidence Law: Cases and Materials, Thomson Reuters: Sydney (4th ed, 2012)
  • Pearson, G, Fisher, S, Peden, E & Tolhurst, G, Commercial Law: Commentary and Materials, Thomson: Sydney (3rd ed, 2010)
  • Kumar, M, Odgers, S & Peden, E, Uniform Evidence Law: Cases and Materials, Thomson: Sydney (3rd ed, 2009)
  • 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, Thomson (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)

Book Chapters

  • Peden, E, 'Contract Law' in R Krever (ed), Mastering Law Studies and Law Exam Techniques (7th edition), LexisNexis: Australia (2011) 112-120
  • Peden, E, 'Contractual Perspective of Climate Change Issues' in R Lyster (ed), In the Wilds of Climate Law, Australian Academic Press: Australia (2010) 143-154

Articles

  • Peden, E, 'Forfeiture of deposits: where law and equity collide?' (2012) 6(2) Journal of Equity 161-180
  • Tolhurst, G, Carter, J & Peden, E, 'Masters v Cameron - Again!' (2011) 42(1) Victoria University of Wellington Law Review 49-64
  • Peden, E, 'Interaction Between Copyright Exceptions and Contract', (2010) 28(1) Copyright Reporter 32-35
  • Peden, E, 'Penalty Clauses and what would the High Court have made of Interstar Wholesale Finance Pty Ltd v Integral Home Loans?’ (2009) 23 Commercial Law Quarterly 6-15
  • Peden, E, ‘Implicit Good Faith - or Do We Still Need an Implied Term of Good Faith?’ (2009) 25(1) Journal of Contract Law 50-61
  • 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, '[[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1446523||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, 'Liquidated Damages' presented at Journal of Contract Law Conference - Commercial Contract Law: Malaysian and International Perspectives, Sabah, 10 June 2011
  • Peden, E, 'Expert Evidence' presented at Australian Property Institute, Sydney, 23 May 2011
  • Peden, E, 'Enforceability of Liquidated Damages Clauses' presented at Managing Risks in Public Sector Contracts and Procurement Conference, Canberra, 19 May 2011
  • Peden, E, 'Bills of Lading and Penalty Clauses' presented at the Maritime Law Association of Australia and New Zealand, Biennial Conference, Sydney, 11 March 2011
  • Peden, E, 'Expert Evidence Law', presented at NSW Young Lawyer's Conference, Sydney, 30 October 2010
  • Peden, E, ‘Interaction between copyright exceptions and contract’, presented at 14th Biennial Copyright Law and Practice Symposium 2009, Art Gallery of NSW, 15-16 October 2009
  • Peden, E, ‘Implied Terms’, presented at Journal of Contract Law 20th Conference: Issues in Commercial Construction, NSW State Library, 31 October 2008
  • Peden, E, ‘Good faith in the performance of contracts: an Anglo-Australian perspective’, presented at Society of Legel Scholars Annual Conference, London School of Economics, 15-18 September 2008
  • Peden, E, ‘Climate Change and Contract Law’, presented at ACCEL Annual Conference: Intersections Between Global Climate Change, Law and Policy, Sydney, 7-8 August 2008
  • 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, 29 September 2006
  • Peden, E & Carter, J, ‘A Good Faith Perspective on Liquidated Damages’ presented at Obligations III Conference, 14 July 2006
  • Peden, E, 'Good Faith', presented to Commercial Law Association, 30 July 2004
  • Peden, E, 'Best Endeavours', presented to Commercial law Association, 29 July 2003
  • Peden, E, 'Exclusion Clauses', presented at Personal Injury Conference, Hunter Valley, 16 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, 23 September 2002
  • Peden, E, 'Good Faith and Contract' presented at Gilbert and Tobin, 17 July 2000
  • Peden, E, 'Co-operation and Implication' presented at the Sanctity of Contract Law Conference, Auckland, New Zealand, 22 November 1999