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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Secondhand & Out of Print

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Contract Formation: Law and Practice 2nd ed isbn 9780198724032

Contract Formation: Law and Practice

ISBN13: 9780199284245
New Edition ISBN: 9780198724032
Published: March 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

This book on contract formation provides a practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice.

The first part of this work discusses negotiations falling short of binding agreements. It examines the uses of letters of intent and how to draft them. The book gives detailed treatment of the topics of 'subject to contract' and conditional contracts as well as the issue of intention to create legal relations. Completing this part are chapters on certainty and a summary explaining pre-contracted liability in English law.

The second part of the work looks at the formation of the contract in process. This provides for full coverage of topics such as the mirror image rule, battle of laws and acceptance by silence. There is also a substantial chapter in this part examining the legal status of requests to submit tenders, tenders themselves, and obligations associated with the tendering process.

Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States and New Zealand, where these inform the development of principles in English law.

Contract Law
Part 1: Introduction
1: Formation and the Concept of Agreement

Part 2: Negotiations Falling Short of a Binding Agreement or Instances where Agreement is Deferred
2: Practical Uses and Forms of Letters of Intent
3: Drafting Letters of Intent
4: Effect of Negotiations 'Subject to Contract'
5: Conditional Contracts
6: Denial of Legally Binding Effect
7: Certainty and Completeness of Terms
8: Is there a Duty to Negotiate in Good Faith?
9: Pre-contractual Liability in English Law

Part 3: the Formation Process
10: Offers and Invitations to Treat
11: Acceptance and Battle of Forms
12: Revocation of Offers
13: The Tendering Process
14: Formation of Contracts by Electronic Means