Description
Well-chosen extracts from cases and academic commentaries, complete with detailed introductions, extract notes, and extensive comments within each chapter, help to guide students through the key areas of contract law
Covers all areas of undergraduate courses in contract law making the book suitable for use at all institutions
Extensive referencing throughout enables and encourages students to further research the subject
Authoritative author renowned for his engaging written style, makes the text stimulating and interesting for students to read
Accompanied by a test bank providing multiple choice questions for students to test their progress and understanding
Supported by a companion web site containing updates, web-links and extra cases and materials linked to the book
New to this edition
Expanded opening section dealing with recent developments in the possible creation of a European Contract Law and the new edition of the UNIDROIT Principles for International Commercial Contracts.
Key new cases include: Shogun Finance Ltd v Hudson (Mistake), National Commercial Bank (Jamaica) Ltd v Hew (Undue Influence), Hamilton Jones v David & Snape (Damages), Nisshin Shipping Co Ltd v Cleaves & Co Ltd (Third Party Rights), R v Attorney General for England and Wales (Duress), Kirreh v Banque de Commerce et de Placements SA (Unfair Terms in Consumer Contracts Regulations).
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 or 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, while 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 the English system and illustrating how the law of contract 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.
Companion Web Site:
· Critical summaries · Web-links · Extra cases and materials · Recent updates
Test bank:
· 150 multiple choice questions with answers and feedback
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
Well-chosen extracts from cases and academic commentaries, complete with detailed introductions, extract notes, and extensive comments within each chapter, help to guide students through the key areas of contract law
Covers all areas of undergraduate courses in contract law making the book suitable for use at all institutions
Extensive referencing throughout enables and encourages students to further research the subject
Authoritative author renowned for his engaging written style, makes the text stimulating and interesting for students to read
Accompanied by a test bank providing multiple choice questions for students to test their progress and understanding
Supported by a companion web site containing updates, web-links and extra cases and materials linked to the book
New to this edition
Expanded opening section dealing with recent developments in the possible creation of a European Contract Law and the new edition of the UNIDROIT Principles for International Commercial Contracts.
Key new cases include: Shogun Finance Ltd v Hudson (Mistake), National Commercial Bank (Jamaica) Ltd v Hew (Undue Influence), Hamilton Jones v David & Snape (Damages), Nisshin Shipping Co Ltd v Cleaves & Co Ltd (Third Party Rights), R v Attorney General for England and Wales (Duress), Kirreh v Banque de Commerce et de Placements SA (Unfair Terms in Consumer Contracts Regulations).
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 or 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, while 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 the English system and illustrating how the law of contract 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.
Companion Web Site:
· Critical summaries · Web-links · Extra cases and materials · Recent updates
Test bank:
· 150 multiple choice questions with answers and feedback
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