Details
- The most detailed work available on contract formation
- Provides practical insight into planning and drafting letters of intent, heads of agreement or similar pre-contractual documents
- Considers drafting devices available to avoid being legally bound
- Two part structure separates discussion of the pre-contract stage from the practical requirements for the formation of a contract
- Advises on the practical problems that may arise in the formation process and how to avoid these
- Includes a chapter on electronic contract formation
- Incorporates discussion of cases from England, Australia, Canada, the USA and New Zealand
This book on contract formation provides a practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice.
The first part of this work discusses negotiations falling short of binding agreements. It examines the uses of letters of intent and how to draft them. The book gives detailed treatment of the topics of 'subject to contract' and conditional contracts as well as the issue of intention to create legal relations. Completing this part are chapters on certainty and a summary explaining pre-contracted liability in English law.
The second part of the work looks at the formation of the contract in process. This provides for full coverage of topics such as the mirror image rule, battle of laws and acceptance by silence. There is also a substantial chapter in this part examining the legal status of requests to submit tenders, tenders themselves, and obligations associated with the tendering process.
Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States and New Zealand, where these inform the development of principles in English law.
Readership: Solicitors and barristers specialising in commercial law, professional support lawyers, and academics, both domestic and international, particularly in the Commonwealth, as well as in-house lawyers and law libraries.
Part 1: Introduction
1: Formation and the Concept of Agreement
Part 2: Negotiations Falling Short of a Binding Agreement or Instances where Agreement is Deferred
2: Practical Uses and Forms of Letters of Intent
3: Drafting Letters of Intent
4: Effect of Negotiations 'Subject to Contract'
5: Conditional Contracts
6: Denial of Legally Binding Effect
7: Certainty and Completeness of Terms
8: Is there a Duty to Negotiate in Good Faith?
9: Pre-contractual Liability in English Law
Part 3: the Formation Process
10: Offers and Invitations to Treat
11: Acceptance and Battle of Forms
12: Revocation of Offers
13: The Tendering Process
14: Formation of Contracts by Electronic Means
Michael Furmston, Professor of Law, Singapore Management University, and G.J. Tolhurst, Sydney Law School
"This is an excellent, well written text. It appropriately approaches the area from the perspective of pinciple, rather than simply setting out the results of endless cases. It is very well structured, with each issue brokedn down into its component parts and dealt with rigorously and in depth. A wealth of UK, Commonwealth, US and international sources are referenced." - Professor Elizabeth MacDonald, Professor of Law, University of Swansea
"...a thorough examination of the major areas of interest concerning contract formation, and the authors deserve much credit for a vast amount of research which collages a huge quantity of disparate material. This book should serve as a helpful reference point, particularly for practitioners, at whom it is primarily aimed...Overall, Furmston and Tolhurst have produced a helpful book on an important subject, which will assist and illuminate discussion of this major field of contract law." - Paul S. Davies, The Cambridge Law Journal
"This book provides a detailed and constructive review of the specific issues arising from contract formation." - Gillian Black, Edinburgh Law Review
