Law Contract Law

JC Smith's The Law of Contract, 3rd Edition

By Paul S. Davies
Oxford University Press March 2021

Specifications

ISBN-13
9780198853503
Publisher
Oxford University Press
Publication
March 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

JC Smith's The Law of Contract provides a superb overview of all the key areas of contract law, making it ideal for use on all undergraduate courses. A focus on key cases acts as a springboard into analysis and critical discussion, and useful further reading recommendations provide students with a foundation for independent research.

The book is easily navigated as chapters are kept short, with key points outlining the main concepts and topics broken down by regular headings. These work as a useful signpost, and revision checklist.

Particular attention is paid to supporting assessment; each chapter ends with either an essay or problem-based question - guidance on how to answer these questions is given online, alongside a range of assessment-focused online resources, including a number of essay attempts from real students 'marked' by the author to give students insights into what examiners are looking for, and interactive self-test questions which provide instant feedback.

New to this edition:

  • Expanded analysis of the Contracts (Rights of Third Parties) 1999 Act
  • New coverage of the Corporate Insolvency and Governance Act 2020, and recent academic commentary
  • Key new cases including Wells v Devani [2019] (on formation of contracts, certainty, interpretation and implied terms); Simantob v Shavleyan [2019] (on consideration); and Bates v Post Office Ltd (No 3: Common Issues) [2019] (on control of contractual discretions and good faith).

Table of Contents

1: Introduction: contractual rights and duties
2: Objectivity in contract law
3: Formation of bilateral contracts
4: Formation of unilateral contracts
5: Contract as an agreement
6: Identity of offeror and offeree
7: Consideration and promissory estoppel
8: Intention to create legal relations
9: Contracts requiring writing
10: Third parties
11: Identifying the terms of a contract
12: Interpretation
13: Implication
14: Rectification
15: The control of exclusion clauses and unfair terms
16: Misrepresentation
17: Duress
18: Undue influence
19: Unconscionable bargains and good faith
20: Capacity
21: Illegality and restraint of trade
22: Common mistake: contracts void for failure of a basic contractual assumption
23: Frustration: contracts discharged for failure of a basic contractual assumption
24: Conditions, warranties, and innominate terms
25: Anticipatory breach of contract
26: Compensatory damages
27: Agreed remedies
28: Remedies beyond compensatory damages

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