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Contract: Cases and Materials
By
H G Beale, W D Bishop, and M P Furmston
Description
* 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.
Contents
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
Authors,
editors, and contributors
H G Beale, Honorary Bencher of Lincoln\\\\\\\'s Inn; Professor of
Law, University of Warwick,
W D Bishop, Vice President, CRA International, and
M P Furmston, Bencher of Gray\\\\\\\'s Inn; Emeritus Professor and
Senior Research Fellow, University of Bristol
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