Contract Law

Contract: Cases and Materials, 5th Edition

Edited by H.G. Beale · W.D. Bishop · M.P. Furmston
Oxford University Press September 2007

Specifications

ISBN-13
9780199287369
Publisher
Oxford University Press
Publication
September 2007
Format
Paperback , 1336 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Contains a wide selection of cases and materials to illustrate the substantive law in practical contemporary and historical situations
  • Places the law of contract within its legal and commercial context, to allow students to understand how the law relates to the world in which it operates
  • Contains stimulating questions that highlight the difficulties in the law, to encourage students to take their understanding and analysis of contract law to a deeper level

New to this edition

  • Now with an Online Resource Centre featuring annual updates and web links, to ensure readers can continue to benefit from the text while keeping up to date with developments in the law

This casebook comprises a wide selection of cases and materials to illustrate the law, and place it within its legal and commercial context. The cases and relevant statutes are illuminated with insightful author commentary, as the authors highlight difficulties and complexities in the law, encouraging students to take their understanding to a deeper level.



This fifth edition is accompanied by an Online Resource Centre featuring annual updates and web links.




Online Resource Centre

Student resources:



- Annual updates


- Web links

Readership: Undergraduates and postgraduates following a course in contract law as part of their degree programme.

Table of Contents

1. Introduction


1: Contracts and contract law


2: Contract, tort and restitution


3: The functions of contract law


4: Economic analysis of contract law


5: Empirical work


2. Enforceable Types of Promise


6: Consideration


7: Intention to create legal relations


3. Has An Agreement Been Reached?


8: Offer and acceptance


9: Uncertainty and incompleteness


10: Communication mistakes


4. Obligations


11: Express terms in oral agreements


12: Contents of written contracts


13: Inaccurate information and misrepresentation


14: Gapfilling by interpretation


15: Implied terms


16: Discharge by frustration


17: Expectation mistakes


18: Discharge by construction


19: Duties of disclosure


5. Remedies


20: Some preliminary questions


21: Withholding performance and termination for default


22: Damages


23: Literal enforcement


24: Restitutionary remedies


6. Contract Theory


25: Why are promises binding?


26: Economic analysis of contract law


27: The impact of the empirical studies


28: Critical approaches to contract


29: Developing the relational contract notion


30: Fairness and distributive justice


31: Transformation thesis


7. Changing the Bargain


32: Rescission, variation, waiver and promissory estoppel


33: Adjustments in longer-term contracts


8. Policing the Bargain


34: Duress


35: Undue pressure and undue influence


36: Unconscionable bargains


37: A general principle?


38: Standard form contracts


39: Exclusion clauses


40: Unfair terms in consumer contracts


41: Regulated contracts


9. Illegality


42: Contracts contrary to public policy


43: Contracts involving the commission of a crime or a tort


44: Contracts in restraint of trade


10. Intermediaries, Third Parties and Assignment


45: Agency


46: Privity and the benefit of a contract between others


47: Subsequent assignment of the benefit of a contract


48: Privity and burdens


49: Assignment and the burden of a contract


 


 



About the Author

H G Beale, Honorary Bencher of Lincoln's Inn; Professor of Law, University of Warwick, W D Bishop, Chairman, Lexecon (Consultant Economists), and M P Furmston, Bencher of Gray's Inn; Emeritus Professor and Senior Research Fellow, University of Bristol, Dean of Law and Professor of Law, Singapore Management University


 


 



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