Additional Information
Book Details
Abstract
Elliott & Quinn’s Contract Law is the number one choice if you are a law student looking for a contract law textbook which provides:
*Straightforward coverage of the fundamental legal principles written by a well-known author team known for making the subject easy to understand without compromising on academic rigour.
*Succinct coverage of all key cases and their principles and implications and the opportunity to practise applying these to exam style questions.
*An understanding of how the law operates in the real world and an overview of future reform options to help you develop your own views on the effectiveness of the current laws.
This 12th edition also includes:
- A new ‘The Bigger Picture’ feature which highlights the legal issues behind high profile news stories helping you to see the real-world application of the law.
- New essay and problem questions, with answer guidance also available online to support your revision.
- Revamped end of chapter summaries, for easy revision.
- Free access to a companion website with additional resources to support your study, available at www.pearsoned.co.uk/elliottquinn.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front Cover | Front Cover | ||
| Title Page | iii | ||
| Copyright Page | iv | ||
| Dedication Page | v | ||
| Brief contents | vii | ||
| Contents | ix | ||
| Preface | xv | ||
| Publisher’s acknowledgements | xvi | ||
| Table of cases | xx | ||
| Table of statutes | xxxi | ||
| Table of Statutory Instruments | xxxiii | ||
| Table of EU Legislation | xxxiv | ||
| Introduction | xxxv | ||
| Why do we need contract law? | xxxv | ||
| The origins of contract law | xxxvi | ||
| Freedom of contract | xxxvii | ||
| Contract and fairness | xxxviii | ||
| The objective approach | xxxix | ||
| The Human Rights Act 1998 | xxxix | ||
| Reading list | xl | ||
| Part 1 The formation of a contract | 1 | ||
| Chapter 1 Offer and acceptance | 2 | ||
| Unilateral and bilateral contracts | 3 | ||
| Offer | 3 | ||
| Offers to the public at large | 4 | ||
| Invitations to treat | 5 | ||
| How long does an offer last? | 9 | ||
| Acceptance | 15 | ||
| Acceptance must be communicated | 21 | ||
| Exceptions to the communication rule | 21 | ||
| Ignorance of the offer | 25 | ||
| Acceptance by someone else | 26 | ||
| Cross-offers | 26 | ||
| Time of the formation of the contract | 27 | ||
| Offer and acceptance implied by the court | 27 | ||
| Agreements to negotiate | 28 | ||
| Agreements to agree, letters of intent and agreements ‘subject tocontract’ | 29 | ||
| Specific types of contract | 30 | ||
| How important are offer and acceptance? | 35 | ||
| Problems with offer and acceptance | 36 | ||
| Answering questions | 38 | ||
| Summary of Chapter 1 | 38 | ||
| Reading list | 39 | ||
| Chapter 2 Certainty | 40 | ||
| Provision for clarification | 42 | ||
| Terms implied by statute | 42 | ||
| Previous course of dealing | 43 | ||
| Reasonableness | 43 | ||
| Custom | 44 | ||
| The ‘officious bystander’ | 44 | ||
| Removing minor uncertain terms | 45 | ||
| Answering questions | 45 | ||
| Summary of Chapter 2 | 46 | ||
| Reading list | 46 | ||
| Chapter 3 Intention to create legal | 47 | ||
| Social and domestic agreements | 48 | ||
| Commercial agreements | 50 | ||
| How important is intention to create legal relations? | 54 | ||
| Answering questions | 54 | ||
| Summary of Chapter 3 | 54 | ||
| Reading list | 55 | ||
| Chapter 4 Capacity | 56 | ||
| Minors | 57 | ||
| Mental incapacity | 62 | ||
| Corporations | 62 | ||
| Answering questions | 63 | ||
| Summary of Chapter 4 | 64 | ||
| Reading list | 64 | ||
| Chapter 5 Formalities | 65 | ||
| Contracts that must be made by deed | 66 | ||
| Contracts that must be in writing | 66 | ||
| Contracts that must be evidenced in writing | 69 | ||
| Answering questions | 71 | ||
| Summary of Chapter 5 | 71 | ||
| Chapter 6 Consideration | 72 | ||
| What is consideration? | 73 | ||
| Performance of an existing duty | 79 | ||
| Waiver and promissory estoppel | 87 | ||
| Agreement by deed | 92 | ||
| Consideration and conditional gifts | 93 | ||
| Problems with consideration | 94 | ||
| The future of consideration | 95 | ||
| Reform | 96 | ||
| Answering questions | 97 | ||
| Summary of Chapter 6 | 98 | ||
| Reading list | 98 | ||
| Part 2 The contents of a contract | 99 | ||
| Chapter 7 Terms of the contract | 100 | ||
| Express terms | 101 | ||
| Oral statements | 101 | ||
| Written terms | 104 | ||
| Collateral contracts | 106 | ||
| Oral and written statements | 107 | ||
| Interpretation of express terms | 108 | ||
| Implied terms | 115 | ||
| Terms implied in fact | 115 | ||
| Terms implied in law | 120 | ||
| Terms implied by custom | 122 | ||
| Terms implied by trade usage | 122 | ||
| Entire agreement clauses | 123 | ||
| The relative importance of contractual terms | 124 | ||
| Conditions | 124 | ||
| Warranties | 125 | ||
| Innominate terms | 126 | ||
| Criticism and reform | 129 | ||
| Answering questions | 131 | ||
| Summary of Chapter 7 | 131 | ||
| Reading list | 132 | ||
| Chapter 8 Unfair contract terms | 133 | ||
| Exemption clauses | 134 | ||
| Common law controls | 134 | ||
| Statutory controls | 145 | ||
| Answering questions | 150 | ||
| Summary of Chapter 8 | 151 | ||
| Reading list | 152 | ||
| Part 3 Vitiating factors | 153 | ||
| Chapter 9 Misrepresentation | 154 | ||
| What is a misrepresentation? | 155 | ||
| Types of misrepresentation | 162 | ||
| Remedies for misrepresentation | 165 | ||
| Misrepresentation and terms | 172 | ||
| Excluding liability for misrepresentation | 173 | ||
| Entire agreement clauses and misrepresentation | 174 | ||
| Answering questions | 175 | ||
| Summary of Chapter 9 | 176 | ||
| Reading list | 176 | ||
| Chapter 10 Mistake | 177 | ||
| General rules on mistake | 178 | ||
| Common mistake | 180 | ||
| Cross-purposes mistake | 185 | ||
| Mistakes relating to documents | 191 | ||
| Criticism and reform | 194 | ||
| Answering questions | 196 | ||
| Summary of Chapter 10 | 196 | ||
| Reading list | 197 | ||
| Chapter 11 Illegality | 198 | ||
| When is a contract illegal? | 199 | ||
| Types of illegality | 200 | ||
| The effect of an illegal contract | 209 | ||
| Problems with the illegality defence | 211 | ||
| Answering questions | 213 | ||
| Summary of Chapter 11 | 214 | ||
| Reading list | 214 | ||
| Chapter 12 Duress and undue influence | 215 | ||
| Duress | 216 | ||
| Undue influence | 222 | ||
| The nature of the transaction | 224 | ||
| Inequality of bargaining power | 231 | ||
| Answering questions | 231 | ||
| Summary of Chapter 12 | 231 | ||
| Reading list | 232 | ||
| Part 4 Third parties | 233 | ||
| Chapter 13 Third parties | 234 | ||
| The privity rule | 235 | ||
| Reform of the privity rule | 236 | ||
| The Contracts (Rights of Third Parties) Act 1999 | 236 | ||
| Other exceptions to the privity rule | 239 | ||
| Statutory exceptions | 239 | ||
| Common law exceptions | 240 | ||
| Exceptions in equity | 246 | ||
| Should the privity rule exist? | 247 | ||
| Answering questions | 249 | ||
| Summary of Chapter 13 | 250 | ||
| Reading list | 250 | ||
| Part 5 Discharge and remedies | 251 | ||
| Chapter 14 Discharge of contract | 252 | ||
| Performance | 253 | ||
| The entire performance rule | 253 | ||
| Mitigation of the entire performance rule | 254 | ||
| Vicarious performance | 257 | ||
| Frustration | 258 | ||
| What will amount to frustration? | 259 | ||
| The limits of frustration | 261 | ||
| Legal consequences of frustration | 264 | ||
| The theory of frustration | 266 | ||
| Breach | 267 | ||
| Actual breach | 267 | ||
| Anticipatory breach | 269 | ||
| Lawful excuse | 269 | ||
| Effect of breach | 269 | ||
| Choice to affirm or discharge | 271 | ||
| Agreement | 275 | ||
| Consideration | 276 | ||
| Formalities | 276 | ||
| Answering questions | 277 | ||
| Summary of Chapter 14 | 277 | ||
| Reading list | 278 | ||
| Chapter 15 Remedies | 279 | ||
| Common law remedies | 280 | ||
| Damages | 280 | ||
| Action for an agreed sum | 308 | ||
| Restitution | 308 | ||
| Equitable remedies | 312 | ||
| Specific performance | 312 | ||
| Injunction | 315 | ||
| Remedies agreed by the parties | 316 | ||
| Liquidated damages | 316 | ||
| Penalty clauses | 317 | ||
| Extinction of remedies | 320 | ||
| The statutory time limits | 320 | ||
| Problems with remedies | 321 | ||
| Answering questions | 323 | ||
| Summary of Chapter 15 | 323 | ||
| Reading list | 324 | ||
| Part 6 Consumer protection | 327 | ||
| Chapter 16 Consumer contracts | 328 | ||
| The Consumer Rights Act 2015 | 329 | ||
| Liability for negligence | 330 | ||
| Unfair terms | 330 | ||
| Clarity and intelligibility | 333 | ||
| Terms implied into consumer contracts | 334 | ||
| Contract law and consumer protection | 338 | ||
| Answering questions | 339 | ||
| Summary of Chapter 16 | 339 | ||
| Reading list | 340 | ||
| Appendix: Answering examination questions | 341 | ||
| Essay questions | 342 | ||
| Problem questions | 344 | ||
| Glossary | 346 | ||
| Index | 349 | ||
| Back Cover | Back Cover |