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9780199290321

The Law of Contract

by ;
  • ISBN13:

    9780199290321

  • ISBN10:

    0199290326

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2006-10-12
  • Publisher: Oxford University Press
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Summary

The Law of Contract provides an accessible overview of the fundamentals of contract law and its underlying rationales. It also introduces and explores the main academic debates within the subject, encouraging students to decide for themselves whether the rules that contract law adopts are justifiable, and if not, how they should be altered. To help students to develop the skills necessary to apply the principles of contract law to new situations. The Law of Contract breaks down legal problems into different and manageable steps. This book covers all of the core areas studied on an undergraduate course and incorporates chapter summaries and self-test questions to reinforce students' learning and aid revision, as well as further reading sections to provide a platform for further study. Book jacket.

Author Biography


Janet O'Sullivan is a Fellow and Director of Studies in Law at Selwyn College, Cambridge and a University Lecturer in the Faculty of Law, Cambridge University. She teaches and lectures in contract, tort, and restitution, has published widely in these fields, and is an Assistant Editor of Professional Negligence. She is a qualified solicitor and practised for some time in a major law firm. Jonathan Hilliard is a barrister at Wilberforce Chambers, London, specialising in commercial law, pensions and private client. He is the author of a number of articles and has supervised contract law at Selwyn and Gonville & Caius Colleges, Cambridge University.

Table of Contents

Preface v
Table of Statutes xiii
Table of Statutory Instruments xv
Table of Cases xvii
1 General themes and issues
1(10)
FURTHER READING
10(1)
2 Offer and acceptance I: General principles
11(34)
Two preliminary points
15(2)
Is there an offer?
17(11)
Acceptance
28(13)
Battle of the forms
41(4)
FURTHER READING
43(1)
SELF-TEST QUESTIONS
44(1)
3 Offer and acceptance II: Three applications of the general principles
45(23)
Intention to create legal relations
46(4)
Signature—the rule in L'Estrange v Graucob
50(3)
Unilateral mistake
53(15)
FURTHER READING
66(1)
SELF-TEST QUESTIONS
67(1)
4 Certainty
68(12)
General principles
70(2)
Some thorny issues
72(8)
FURTHER READING
79(1)
SELF-TEST QUESTIONS
79(1)
5 Contracts which fail to materialise
80(10)
The case law
82(2)
How should we tackle such situations?
84(3)
Applying the contractual approach
87(3)
FURTHER READING
89(1)
SELF-TEST QUESTIONS
89(1)
6 Consideration and estoppel
90(37)
What counts as consideration?
93(7)
Examples of legally insufficient consideration
100(15)
Estoppel
115(9)
Conclusion: does English law need a requirement of consideration?
124(3)
FURTHER READING
126(1)
SELF-TEST QUESTIONS
126(1)
7 Privity
127(30)
Why should we normally allow only parties to a contract to have rights under it?
128(2)
Cases establishing that a third party cannot acquire rights under a contract
130(1)
Problems caused by the rule
131(1)
Judge-made exceptions
132(14)
Statutory exceptions: The Contracts (Rights of Third Parties) Act 1999
146(6)
The fate of the judge-made exceptions after the 1999 Act
152(2)
The imposition of contractual obligations on third parties
154(3)
FURTHER READING
155(1)
SELF-TEST QUESTIONS
155(2)
8 Terms of the contract: I
157(27)
Distinguishing between terms and mere representations
158(5)
Implied terms
163(7)
Incorporation of express terms
170(7)
Interpretation of written contracts
177(7)
FURTHER READING
182(1)
SELF-TEST QUESTIONS
182(2)
9 Terms of the contract II: Exemption clauses and unfair terms
184(26)
Common law principles of construction/interpretation
186(5)
Unfair Contract Terms Act 1977 ('UCTA')
191(8)
Unfair Terms in Consumer Contracts Regulations 1999
199(9)
Proposals for reform of UCTA and the 1999 Regulations
208(3)
FURTHER READING
209(1)
SELF-TEST QUESTIONS
209(1)
10 Misrepresentation and non-disclosure 210(32)
What counts as an actionable misrepresentation?
211(11)
Remedies for misrepresentation: Rescission
222(7)
Remedies for misrepresentation: Damages
229(8)
Exclusion of liability for misrepresentation
237(5)
FURTHER READING
240(1)
SELF-TEST QUESTIONS
241(1)
11 Duress 242(16)
Introductory points
242(1)
Duress to the person
243(1)
Duress to goods
244(1)
Economic duress
245(9)
'Lawful act duress'
254(4)
FURTHER READING
257(1)
SELF-TEST QUESTIONS
257(1)
12 Undue influence 258(20)
Introductory points
258(2)
Actual and presumed undue influence
260(7)
Basis and status of presumed undue influence since Etridge
267(2)
Remedies
269(3)
Undue influence in three-party cases
272(7)
FURTHER READING
277(1)
SELF-TEST QUESTIONS
277(1)
13 Unconscionable bargains 278(14)
Historical background
279(1)
Requirements for relief from unconscionable bargains
280(6)
Unconscionable bargains and third parties
286(2)
Theoretical questions
288(5)
FURTHER READING
291(1)
SELF-TEST QUESTIONS
291(1)
14 Incapacity 292(5)
Minors
293(2)
Mental incapacity
295(1)
Companies
295(1)
Public authorities
296(3)
SELF-TEST QUESTIONS
296(1)
15 Illegality and public policy 297(21)
Illegality and public policy at common law
299(2)
Public policy against contracts in restraint of trade
301(5)
Statutory illegality
306(3)
Effects of illegality
309(6)
Discretion or inflexible rule of policy?
315(5)
FURTHER READING
317(1)
SELF-TEST QUESTIONS
317(1)
16 Common mistake 318(25)
Common mistake at law
320(12)
Rescission in equity for common mistake?
332(5)
Rectification
337(7)
FURTHER READING
342(1)
SELF-TEST QUESTIONS
342(1)
17 Frustration 343(20)
The current test for frustration
344(1)
Was there a radical change in the obligation?
345(8)
Self-induced frustration
353(2)
A better approach?
355(1)
What are the effects of frustration?
356(8)
FURTHER READING
362(1)
SELF-TEST QUESTIONS
362(1)
18 Discharge of a contract for breach 363(22)
Withholding performance
364(5)
Termination of the contract for breach
369(9)
Innocent party's option to discharge contract
378(8)
FURTHER READING
384(1)
SELF-TEST QUESTIONS
384(1)
19 Remedies I: Compensatory damages 385(30)
Introduction
386(1)
1. Has the claimant suffered any loss?
387(7)
2. Has the claimant suffered an actionable type of loss?
394(9)
3. Did the breach cause the claimant's loss?
403(2)
4. Was the type of loss sustained reasonably foreseeable?
405(4)
5. Has the claimant mitigated his loss?
409(2)
6. Did the claimant's fault contribute to the loss that he suffered?
411(4)
FURTHER READING
413(1)
SELF-TEST QUESTIONS
413(2)
20 Remedies II: Specific remedies 415(20)
Introduction
415(1)
The action for an agreed sum
416(10)
Specific performance
426(4)
Mandatory injunctions
430(1)
Prohibitory injunctions
430(2)
Damages in lieu of an injunction
432(1)
Concluding thoughts
432(3)
FURTHER READING
434(1)
SELF-TEST QUESTIONS
434(1)
21 Remedies III: Other non-compensatory remedies 435(20)
Why might a non-compensatory remedy be desirable?
435(1)
Restitution of money for total failure of basis
436(5)
The user principle
441(4)
Disgorgement of profit
445(5)
Punitive damages for breach of contract?
450(5)
FURTHER READING
454(1)
SELF-TEST QUESTIONS
454(1)
Bibliography 455(8)
Index 463

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