Home >
Law >
Contract Law >
Implied Terms in English Contract Law 2nd Edition

Implied Terms in English Contract Law 2nd Edition

Author: Richard Austen-Baker
Publisher: Edward Elgar Publishing
ISBN: 9781785365270

Previous Edition ISBN: 9781848445581
Published In: March 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book is the leading account of contract law in England & Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply.

Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.

This Second Edition has been fully revised and updated to cover recent developments in the law. Key features include:-

Full analytical treatment of featured cases and evaluation of recent case law in relation to use of implied terms
Analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015
Useful synoptic tables showing how these changes map across the different categories within the CRA and between the CRA and pre-existing legislation
Extended discussion of statutory implied terms in services contracts
Detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer.

This book will be an invaluable resource for all legal practitioners, both in practice and in-house, involved in contract drafting and contract negotiations. It also acts as a helpful reference for scholars and students in the field of contract law.

Preface

1. Introduction

2. Some theoretical considerations

3. Terms implied at common law I: general principles

4. Terms implied at common law II: specific instances

5. Terms implied by custom, usage or by course of dealing

6. Terms implied by statute

7. Terms implied in fact

Index