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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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Contract Law: An Index and Digest of Published Writings (eBook)


ISBN13: 9781847317285
Published: January 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £41.66 + £8.33 VAT
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This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each.

The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach).

This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.

Subjects:
Contract Law, Reference, eBooks
Contents:
1. Textbooks
1.1 General
1.2 Specific Contract Types
1.3 Tort and Restitution
1.4 Student Texts
1.5 For Civil Lawyers
2. Pre-Contractual Liability
2.1 Generally
2.2 Preliminary Agreements
2.3 Duties to Bargain in Good Faith
2.4 Torts
2.5 Restitution
2.6 Obligations to Contract: The Common Callings
3. Formation
3.1 Capacity
3.2 Authority
3.3 Agreement
3.4 The Objective Principle and Unilateral and Cross-purposes Mistake
3.5 The Intention to Create Legal Relations
3.6 Consideration
3.7 Form
3.8 Certainty
3.9 Restitution and Void Contracts
4. The Terms of the Contract
4.1 Incorporation
4.2 Order of Performance
4.3 Standard Forms
4.4 Interpretation and the Objective Principle
4.5 Implied Terms
4.6 Exclusion and Penalty Clauses and Unfair Terms
5. Common Mistake and Frustration
5.1 The Bases of the Two Doctrines
5.2 Common Mistake
5.3 Frustration
5.4 Force Majeure Clauses
6. Misrepresentation, Duress, Undue Influence and Unconscionability
6.1 Duress, Undue Influence and Unconscionability
6.2 Misrepresentation
6.3 Rescission for Undue Influence, Misrepresentation, etc
6.4 The (New Zealand) Contractual Remedies Act 1979
7. Illegality and Restraint of Trade
7.1 General Texts
7.2 Generally
7.3 Restraint of Trade and Restrictive Covenants
7.4 War
7.5 Champerty
7.6 The Effect of Illegality
8. Privity and Third Party Rights
8.1 Third Party Rights to Sue
8.2 Third Party Rights to Rely on Exclusion Clauses
8.3 Binding Third Parties to Exclusion Clauses
8.4 The (US) Restatement (Second) of Contracts
8.5 The (New Zealand) Contracts (Privity) Act 1982
8.6 The (English) Contracts (Rights of Third Parties) Act 1999
8.7 Contracts with Proprietary Effect
8.8 Assignment
9. Modification
9.1 Generally
9.2 Consideration for Contract Modifications
9.3 Waiver and Promissory Estoppel
9.4 Duress and Contract Modifications
9.5 Agreed Termination
10. Breach and Termination
10.1 Generally
10.2 Cure and Re-Tender
10.3 Anticipatory Breach and Renunciation
10.4 Repudiatory/Fundamental Breach
10.5 The Effects of Repudiatory Breach
10.6 Termination Pursuant to Express Contract Clauses
11. Remedies
11.1 General Texts
11.2 Generally
11.3 Theory
12. Specific Relief
12.1 Action for Debt/Action for an Agreed Sum
12.2 Specific Performance and Injunctions
13. Damages
13.1 General Texts
13.2 Compensatory/Expectation Damages
13.3 Non-Pecuniary Losses
13.4 Limiting Principles and Quantification
13.5 Non-Compensatory Damages
13.6 Theory
14. Concurrent Liability
14.1 Contract and Tort
14.2 Contract and Unjust Enrichment
14.3 Promissory Estoppel as a Cause of Action
15. Procedure, Litigation and Drafting
15.1 Limitation
15.2 Contribution
15.3 Drafting
16. Contract Theory
16.1 General Texts
16.2 About Theorising
16.3 Theories
16.4 Mandatory and Default Rules
17. Codification and International Harmonisation
17.1 National
17.2 European
17.3 Global
18. Comparative Contract Law
18.1 General
18.2 European
19. Contract and Other Areas of Law
19.1 Contract and Agency
19.2 Contract and Bailment
19.3 Contract and Company Law
19.4 Contract and Crime
19.5 Contract and Employment
19.6 Contract and Family
19.7 Contract and Fiduciary Duties
19.8 Contract and the Law of Obligations
19.9 Contract and Property
19.10 Contract and Tort
19.11 Contract and Trusts
19.12 Contract and Unjust Enrichment/Restitution
20. Legal History
20.1 General and Miscellaneous
20.2 Fourteenth–Sixteenth Centuries
20.3 Seventeenth–Eighteenth Centuries
20.4 Nineteenth Century
20.5 Twentieth Century
21. Influences and Development
21.1 Particular Individuals
21.2 The Role of Commerce
21.3 The Role of Morality
21.4 The Role of Equity
21.5 The Role of Public Law
22. Miscellaneous
22.1 Novelty
22.2 Contract Law and Literature
22.3 Teaching Contract Law