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Contract: Cases and Materials, 5th Edition

Contract: Cases and Materials, 5th Edition

Author: H.G. Beale; W.D. Bishop; M.P. Furmston
Publisher: Oxford University Press
ISBN: 9780199287369
Published In: September 2007
Format: Paperback , 1336 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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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.

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

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