Additional Information
Book Details
Abstract
Written by an author with over 35 years’ legal teaching experience, Law of Contract is designed to give you the best possible foundation for your study of this complex subject. Bringing clarity and entertainment to an otherwise dry subject area, this book prides itself on adopting a straightforward yet comprehensive approach coupled with a range of features to support your understanding making it the ideal text for LLB or GDL students.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover\r | Cover | ||
| Half Title Page\r | i | ||
| Title Page\r | iii | ||
| Copyright Page\r | iv | ||
| Brief Contents\r | vii | ||
| Contents\r | ix | ||
| Preface\r | xv | ||
| Acknowledgements\r | xix | ||
| Table of cases\r | xxi | ||
| Table of statutes\r | xli | ||
| Part 1 The formation of a contract | 1 | ||
| 1 The evolution and definition of the modern contract | 3 | ||
| Objectives | 3 | ||
| Evolution | 3 | ||
| Definition | 9 | ||
| Summary | 13 | ||
| Further reading | 14 | ||
| 2 The fact of agreement | 15 | ||
| Objectives | 15 | ||
| Introduction | 15 | ||
| Offer | 18 | ||
| Acceptance | 28 | ||
| The fact of acceptance | 30 | ||
| The termination of offers | 49 | ||
| Certainty of terms | 56 | ||
| Summary | 62 | ||
| Further reading | 65 | ||
| 3 Consideration | 67 | ||
| Objectives | 67 | ||
| Introduction | 67 | ||
| The definition of consideration | 68 | ||
| Consideration may be executed or executory but not past | 69 | ||
| Consideration must move from the promisee though not necessarily to the promisor | 73 | ||
| Consideration must be sufficient though not necessarily adequate | 74 | ||
| Summary | 95 | ||
| Further reading | 97 | ||
| 4 Intention to create legal relations | 98 | ||
| Objectives | 98 | ||
| Introduction | 98 | ||
| Social and domestic arrangements | 99 | ||
| Commercial agreements | 101 | ||
| Summary | 107 | ||
| Further reading | 108 | ||
| 5 Capacity | 109 | ||
| Objectives | 109 | ||
| The scope of this chapter | 109 | ||
| The capacity of natural persons | 109 | ||
| The capacity of corporations | 116 | ||
| Summary | 121 | ||
| Further reading | 123 | ||
| 6 Formalities | 124 | ||
| Objectives | 124 | ||
| Introduction | 124 | ||
| Contracts required to be made by deed | 125 | ||
| Contracts required to be in writing | 126 | ||
| Contracts required to be evidenced in writing | 130 | ||
| Summary | 135 | ||
| Further reading | 136 | ||
| Part 2 The contents of the contract | 137 | ||
| 7 The terms of the contract | 139 | ||
| Objectives | 139 | ||
| Introduction | 139 | ||
| Express terms | 140 | ||
| Principle 1 An Objective Test | 154 | ||
| Principle 2 The matrix of fact | 155 | ||
| Principle 3 The exclusionary rule | 156 | ||
| Principle 4 The meaning of words is to be interpreted contextually not literally | 159 | ||
| Principle 5 The presumption that people do not easily make linguistic mistakes | 159 | ||
| Implied terms | 164 | ||
| Good faith as a contractual term | 196 | ||
| The classification of contractual terms | 202 | ||
| Conclusion | 209 | ||
| Summary | 212 | ||
| Further reading | 215 | ||
| 8 Exemption clauses | 217 | ||
| Objectives | 217 | ||
| Introduction | 217 | ||
| Incorporation of the exclusion clause into the contract | 218 | ||
| Construing exemption clauses | 229 | ||
| Other factors limiting the effectiveness of exemption clauses | 234 | ||
| Consumer Rights Act 2015 Part 2 – Unfair Terms in Consumer Contracts (B2C) | 256 | ||
| Summary | 281 | ||
| Further reading | 284 | ||
| Part 3 Factors that vitiate a contract | 287 | ||
| 9 Misrepresentation | 289 | ||
| Objectives | 289 | ||
| Introduction | 289 | ||
| The nature of the inducement | 290 | ||
| The fact of the inducement | 298 | ||
| The nature of the misrepresentation | 307 | ||
| Consumer Insurance (Disclosure and Representations) Act 2012 | 315 | ||
| The remedies available for misrepresentation | 320 | ||
| Exclusion of liability for misrepresentation | 336 | ||
| Summary | 345 | ||
| Further reading | 350 | ||
| 10 Mistake | 351 | ||
| Objectives | 351 | ||
| Introduction | 351 | ||
| Mistake at common law | 353 | ||
| Mistake in equity | 379 | ||
| Mistake as to the nature of the document signed | 392 | ||
| Summary | 393 | ||
| Further reading | 395 | ||
| 11 Duress, undue influence and inequality of bargaining power | 397 | ||
| Objectives | 397 | ||
| Introduction | 397 | ||
| The common law doctrine of duress | 398 | ||
| The equitable doctrine of undue influence | 408 | ||
| Inequality of bargaining power | 428 | ||
| Summary | 430 | ||
| Further reading | 433 | ||
| 12 Illegality | 434 | ||
| Objectives | 434 | ||
| Introduction | 434 | ||
| The classification of illegality | 435 | ||
| Acts illegal by statute | 436 | ||
| Acts illegal at common law | 441 | ||
| The effects of illegality | 448 | ||
| The Law Commission and the reform of the illegality defence | 457 | ||
| Contracts in restraint of trade | 468 | ||
| Severance | 482 | ||
| Summary | 484 | ||
| Further reading | 487 | ||
| Part 4 Discharge of contracts | 489 | ||
| 13 Discharge by performance and breach | 491 | ||
| Objectives | 491 | ||
| Performance | 491 | ||
| Breach | 498 | ||
| Summary | 521 | ||
| Further reading | 524 | ||
| 14 Discharge by agreement | 525 | ||
| Objectives | 525 | ||
| Introduction | 525 | ||
| Bilateral discharge | 526 | ||
| Unilateral discharge | 528 | ||
| Summary | 528 | ||
| Further reading | 529 | ||
| 15 Discharge by frustration | 530 | ||
| Objectives | 530 | ||
| Introduction | 530 | ||
| The development of the modern doctrine | 531 | ||
| Applications of the doctrine of frustration | 533 | ||
| Factors affecting the operation of the doctrine | 539 | ||
| The legal effects of the doctrine of frustration | 540 | ||
| Summary | 545 | ||
| Further reading | 546 | ||
| Part 5 Remedies for breach of contract | 547 | ||
| 16 The common law remedy of damages | 549 | ||
| Objectives | 549 | ||
| Introduction | 549 | ||
| Assessment of the basis on which damages are awarded | 550 | ||
| Limitations on the availability of damages | 578 | ||
| Factors influencing the quantum of damages | 596 | ||
| Summary | 620 | ||
| Further reading | 623 | ||
| 17 Equitable remedies and limitation of actions | 625 | ||
| Objectives | 625 | ||
| Equitable remedies | 625 | ||
| Limitation of actions | 631 | ||
| Summary | 633 | ||
| Further reading | 634 | ||
| 18 Quasi-contract and the law of restitution | 635 | ||
| Objectives | 635 | ||
| Introduction | 635 | ||
| Actions to recover moneys paid | 636 | ||
| Actions for payments made under a mistake of law | 640 | ||
| Claims in quantum meruit | 643 | ||
| Summary | 646 | ||
| Further reading | 647 | ||
| Part 6 The rights and liabilities of third parties to the contract | 649 | ||
| 19 Privity of contract | 651 | ||
| Objectives | 651 | ||
| The general rule | 651 | ||
| The effect of the doctrine of privity of contract | 653 | ||
| Avoiding the doctrine of privity of contract | 656 | ||
| Exceptions to the doctrine of privity of contract | 657 | ||
| Reform of the doctrine of privity of contract | 671 | ||
| Summary | 683 | ||
| Further reading | 684 | ||
| 20 Assignment of contractual rights | 686 | ||
| Objectives | 686 | ||
| Introduction | 686 | ||
| Voluntary assignment at common law | 687 | ||
| Voluntary assignment in equity | 688 | ||
| Statutory assignment of contractual rights | 693 | ||
| Other factors affecting all types of assignment | 694 | ||
| Assignment of liabilities | 697 | ||
| Summary | 697 | ||
| Further reading | 698 | ||
| Glossary | 699 | ||
| Index | 707 |