Contract Law

Chitty on Contracts, 31st edition: Volume 1 General Principles (Mainwork + 2nd Supplement)

By Hugh Beale
Sweet & Maxwell U.K. November 2014

Specifications

ISBN-13
9780414032828
Publisher
Sweet & Maxwell U.K.
Publication
November 2014
Format
Hardback + Paperback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

Details

Chitty on Contracts 31st ed is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law.

The work is available in two volumes:-

  • Volume One covers the General Principles of contract law.
  • Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors.

This is Volume One only, which is is available as a standalone for those who need coverage of the general principles of contract law.

 

When it comes to contract law Chitty on Contracts is the best foundation on which to base any case.

  • Provides you with the depth of insight you require, so you can confidently cite it in court
  • Encompasses every part of contract law
  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Is your most trustworthy reference when drafting, negotiating and disputing contracts
  • Analyses recent cases and legislation
  • Volume 1 contains interpretation and analysis of the general principles which apply to all contracts
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established
  • Regularly supplemented so you have the latest information to hand
  • Written by leading experts in contract law

What's new within the 31st Edition:


Agreement : RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG (UK Production) (SC) (work carried out before all points resolved and despite “subject to contract” clause)

Consideration: Thorner v Major (HL) and Henry v Henry (PC) (proprietary estoppel)

Form: Herbert v Doyle (use of proprietary estoppel to overcome lack of written contract)

Mistake: Chartbrook Ltd v Persimmon Homes Ltd (HL) and Daventry District Council v Daventry and District Housing Ltd (rectification)

Misrepresentation: Springwell Navigation Corp v J P Morgan Chase Bank (“no reliance” clause)

Duress and undue influence: Borrelli v Ting (PC) (illegitimate pressure)

Express Terms: Rainy Sky S.A. v Kookmin Bank (SC) and Re Sigma Finance Corp (SC) (interpretation);

Implied terms: Att Gen of Belize v Belize Telecom Ltd (PC)

Unfair Terms in Consumer Contracts: Abbey National plc v The Office of Fair Trading (SC)

Illegality and Public Policy: Sibthorpe v Southwark LBC, Simpson v Norfolk & Norwich University Hospital NHS Trust and Westlaw Services Ltd v Boddy (champerty); Gray v Thames Trains Ltd (HL) (ex turpi causa)

Discharge by Agreement: Stocznia Gdynia SA v Gearbulk Holdings Ltd (express right of termination)

Damages: Regus (UK) Ltd v Epcot Solutions Ltdand Giedo van der Garde BV v Force India Formula One Team Ltd (services contract); Pell Frischmann Engineering Ltd v Bow Valley Iran Ltd (PC) and Vercoe v Rutland Fund Management Ltd (share of defendant’s profit)

Specific Performance and Injunction: Araci v Fallon (injunction); Benedetti v Sawiris (quantum meruit)

Conflict of Laws: Koelzsch v État du Grand-Duché de Luxembourg, Voogsgeerd v Navimer SA (ECJ) and Duncombe v Secretary of State for Children Schools and Families (SC) (employment contracts)

Agency: Wood Floor Solutions Andreas Domberger GmbH v Silvo Trade SA (ECJ) (commercial agents)

Arbitration: Allianz SpA v West Tankers Inc (ECJ) and National Navigation Co v Endesa Generacion SA (The Wadi Sudr (stay of legal proceedings); Dallah Real Estate & Tourism Co v Ministry of Religious Affairs of the Government of Pakistan (SC) (jurisdiction)

Bailment: Yearworth v North Bristol NHS Trust

Bills of Exchange and Banking: Payment Services Regulations 2009

Construction Contracts: Local Democracy, Economic Development and Construction Act 2009;

Credit and Security: Consumer Credit Directive 2008

Employment: Equality Act 2010; Autoclenz Ltd v Belcher (SC); Employment Equality (Repeal of Retirement Age Provisions) 2011

Insurance: Argo Systems FZE v Liberty Insurance Pte Ltd and Seashell of Lisson Grove Ltd v Aviva Insurance Ltd (waiver); Third Parties (Rights against Insurers) Act 2010; Consumer Insurance (Disclosure and Representations) Act 2012

Suretyship: North Shore Ventures Ltd. v Anstead Holdings Inc (duty of disclosure); Berghoff Trading Ltd v Swinbrook Developments Ltd and In re Kaupthing Singer & Friedlander Ltd. (in administration) (No. 2) (SC) (guarantor’s indemnity)

 

CHITTY ON CONTRACTS
31st Edition; 1st Supplement

Since the 31st edition was published, there have been legislative and case law developments affecting many chapters. This Supplement contains coverage of:

Legislation:

  • Brussels Regulation bis  (2012) - on the ‘arbitration exception’
  • Financial Services Act 2012  - effects on banking, credit  and insurance contracts
  • Late Payment of Commercial Debts (No.2) Regulations 2013

Cases:

  • Yam Seng Pte. Ltd. v International Trade Corporation Ltd – implied duty of good faith
  • Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (CA)  –  express term requiring good faith
  • Prime Sight Ltd. v Lavarello (Official Trustee) (PC) – estoppel by deed
  • VTB Capital plc v Nutritek International Corp (SC) and Attrill v Dresdner Kleinwort Ltd (CA) – the objective test
  • Shaker v VistaJet Group Holding SA  - letter of intent
  • Keay v Morris Homes (West Midlands) Ltd – effect of formal requirements
  • Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd – Crown contracts
  • Charles Terence Estates Ltd v Cornwall Council – proper exercise of powers
  • Lloyds TSB Foundation for Scotland v Lloyds Banking Group  - interpretation
  • Aziz v Caixa d’Estalvis de CatalunyaBrusse v Jahani BV and RWE Vertrieb AG (CJEU)  – unfair terms
  • Geys v Société Générale (SC) – effect of wrongful dismissal on contract
  • Grange v Quinn (CA) – damages to recover premium paid
  • Isabella Shipowner SA v Shagang Shipping Co Ltd (The Acquafaith) – recovery of hire under time charter
  • Benedetti v Sawiris (SC), Menelaou v Bank of Cyprus plc (CA) and Pitt v Holt (SC) – restitution
  • Wuhan Guoyu Logistics Group Co v Emporiki Bank of Greece SA (CA) – on demand gurarantees
  • Anderson v London Fire & Emergency Planning Authority (CA) – collective agreements and individuals’ contracts
  • Aviva Insurance Ltd. v Hackney Empire Ltd (CA) – discharge of surety

Provides coverage of all relevant legislation and a huge depth of case reference:

  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established
  • Supplemented regularly
  • Used widely as the source of information on contract law
  • Written by experts in contract law

Table of Contents

1. Introductory

PART ONE FORMATION OF CONTRACT;
2 The Agreement
3 Consideration
4 Form
5 Mistake
6 Misrepresentation
7 Duress and Undue Influence

PART TWO CAPACITY OF PARTIES;
8 Personal Incapacity
9 Corporation and Unincorporated Associations
10 The Crown, Public Authorities and the European Community
11 Political and Professional Immunity and Incapacity

PART THREE THE TERMS OF THE CONTRACT;
12 Express Terms
13 Implied Terms
14 Exemption Clauses
15 Unfair Terms in Consumer Contracts
16 Arbitration Clauses

PART FOUR ILLEGALITY AND PUBLIC POLICY;
17 Illegality and Public Policy

PART FIVE JOINT OBLIGATIONS, THIRD PARTIES AND ASSIGNMENT;
18 Joint Obligations
19 Third Parties
20 Assignment
21 Death and Bankruptcy

PART SIX PERFORMANCE AND DISCHARGE;
22 Performance
23 Discharge by Agreement
24 Discharge by Frustration
25 Discharge by Breach
26 Other modes of discharge

PART SEVEN - REMEDIES FOR BREACH OF CONTRACT;
26. Damages
27. Specific Performance and Injunction
28. Limitation of Actions

PART EIGHT - RESTITUTION;
29. Restitution

PART NINE - CONFLICT OF LAWS;
30. Conflict of Laws

About the Author

Hugh Beale QC (Hon) 
Hon Bencher of Lincoln’s Inn, Professor of Law, University of Warwick

Andrew Burrows QC (Hon) 
Hon Bencher of Middle Temple, Fellow of All Souls and Professor of English Law at Oxford University

Mark Freedland 
Bencher of Gray’s Inn, Professor of Employment Law at the University of Oxford, Fellow of St John’s College, Oxford

Anthony Guest CBE, QC 
Bencher of Gray’s Inn, Formerly Professor of English Law at Kings College, London

Richard Hooley 
Barrister of Middle Temple, Professor of Law at Kings College, Fellow of Fitzwilliam College, Cambridge

David McClean CBE, QC (Hon) 
Bencher of Gray’s Inn, Professor of Law and Dean of the Faculty of Law at the University of Sheffield

Peter MacDonald Eggers QC  
Middle Temple; Visiting Lecturer, University College London , Solicitor of the Supreme Court of New South Wales

Ewan McKendrick 
Bencher of Gray’s Inn, Registrar and Professor of English Private Law at the University of Oxford

Paul Mitchell 
Professor of Laws, University College London

Vince Moran QC 
Gray’s Inn

CGJ Morse 
Barrister of Middle Temple; Professor of Law, Kings College, London

Dan Prentice 
Barrister, Lincoln’s Inn; Emeritus Fellow of Pembroke College and Former Allen and Overy Professor of Corporate Law at the University of Oxford

Francis Reynolds 
Hon Bencher of Inner Temple, Emeritus Fellow of Worcester College and Professor of Law Emeritus at the University of Oxford

Sir Guenter Treitel QC 
Hon Bencher of Gray’s Inn, Formerly Vinerian Professor of English Law at the University of Oxford

John Uff CBE QC
Bencher of Gray’s Inn, Emeritus  Professor of Engineering Law, King’s College, London

Graham Virgo 
Barrister of Lincoln’s Inn, Professor of English law and and Fellow of Downing College, Cambridge

Richard Whish 
Solicitor of the Supreme Court of Judicature; Professor of Law at the University of London

Simon Whittaker 
Barrister; Fellow of St John’s College and Professor of European Private Law at the  University  of Oxford

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