Contract Law: Text, Cases And Materials

Description: This is a new account of the modern law of contract by one of the leading authorities in this field of law. Through this fresh approach to the subject students will obtain a firm understanding of the central doctrines and the controversies associated with them. Presenting a unique balance of 1/3 text to 2/3 cases and materials, the book can be used both as a stand alone text and as a companion volume to a short introductory textbook. Comprehensive coverage is presented in a logical structure that maps closely onto courses and stimulating commentary is delivered through detailed introductions, extract notes and extensive comments within each chapter. Extended extracts illustrate points clearly and promote the essential skills of case-reading, encouraging more detailed analysis of salient points. Analysis of key academic commentaries on issues of controversy, contract clauses etc is also included to provide a well-rounded discussion. Extracts from materials such as the Principles of European Contract Law and the UNIDROIT Principles for International Commercial Contracts are incorporated throughout to provide a useful point of comparison with English Law - encouraging critical reflection upon the state of English contract law and illustrating how the English law is regarded in other jurisdictions. Specimen clauses are also cited to demonstrate some of the practical problems that confront both businessmen and lawyers, offering students working examples of complex issues. Questions are placed at key points throughout the text to encourage further consideration and reflection of complex or controversial issues, while extensive referencing promotes further research. Written in a familiar and engaging style, this book offers a thought-provoking and well-balanced argument aimed squarely at undergraduates. Contents: 1. Introduction; I. FORMATION; 2. Agreement: objective or subjective?; 3. Offer and acceptance; 4. Uncertain and incomplete agreements; 5. Consideration and promissory estoppel; 6. Formalities; 7. Intention to create legal relations; II. TERMS; 8. The terms of the contract; 9. Incorporation of terms; 10. Implied terms; 11. The interpretation of contracts; 12. Boilerplate clauses; 13. Exclusion clauses; 14. Unfair terms in consumer contracts regulations 1999; 15. Good faith; III. SETTING THE CONTRACT ASIDE; 16. Mistake; 17. Misrepresentation; 18. Duress; 19. Undue influence; 20. Unconscionability and inequality of bargaining power; 21. Incapacity; 22. Illegality and public policy; 23. Frustration and force majeure; IV. REMEDIES FOR BREACH; 24. Breach of contract; 25. Damages; 26. Specific performance; V. THIRD PARTY RIGHTS; 27. Third Parties