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Contract as Assumption II: Formation, Performance and Enforcement

Contract as Assumption II: Formation, Performance and Enforcement

Author: Brian Coote
Publisher: Hart Publishing
ISBN: 9781782256687

Published In: April 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509924462

List Price: AU$234.00

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Description
Contents

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This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010).

Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration.

The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection.

These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract.

The collection ends with the author's valedictory lecture, "Contract - an Underview". In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.

1. Introduction

2. Reflections on Intention in the Law of Contract

3. The Instantaneous Transmission of Acceptances

4. Dunlop v Lambert: The Search for a Rationale

5. Sale of Goods at Auction Without Reserve

6. Correspondence with Description in the Law of Sale of Goods

7. Deviation and the Ordinary Law

8. PART I: The Effect of Discharge by Breach on Exception Clauses

8. PART II: Discharge for Breach and Exception Clauses Since Harbutt's 'Plasticine'

9. Another Look at Bowmakers v Barnet Instruments

10. Chance and the Burden of Proof in Contract and Tort

11. Damages, The Liesbosch, and Impecuniosity