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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer 3rd ed isbn 9781509902910

Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer 2nd ed


ISBN13: 9781849464796
New Edition ISBN: 9781509902910
Previous Edition ISBN: 9781841135779
Published: August 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print



This book provides an introduction to the English law of contract. In this new and fully updated edition the book retains the primary focus of the first edition, offering an explanation of the rules of the English law of contract which is accessible to the lawyer trained in a civil law jurisdiction who already has an understanding of a different law of contract.

But, setting English contract law generally in the context of other European and international approaches, the book also serves as an introductory text for the English student, who can see not only how English contract law works but also get a glimpse of different ways of thinking about some of the fundamental rules of contract law.

  • This is the second edition of a textbook that provides an introduction to the English law of contract.
  • The book has been fully updated since the publication of the first edition.
  • This accessible book explains the rules of the English law of contract to the lawyer trained in a civil law jurisdiction who already has an understanding of a different law of contract.
  • The book will also be useful for English students who can use it to see how English contract law works and think more deeply about different ways of thinking about the fundamental rules of contract law.

Subjects:
Contract Law
Contents:
Part I: An Introduction to the Common Law

1. The 'Common Law'
I. The 'Common Law' of England
II. Common Law Systems Around the World

2. Finding the Law
I. The Sources of Law
II. The Judge as Interpreter and as Law-Maker
III. English Statutory Drafting

Part II: The Law of Contract

3. Introduction to the English Law of Contract
I. The Place of Contract in Private Law
II. A General Law of Contract
the Place of 'Special' Contracts
III. Some General Features and Some Fundamental Starting-Points IV. English Contract Law in a European Context

4. The Negotiations for a Contract
I. The Starting-Point: No General Duty between Negotiating Parties
II. Particular Liabilities Arising During the Negotiations

5. Formation of the Contract: Contract as 'Agreement'
I. The Meaning of 'Agreement': the 'Objective Test'
II. The Mechanisms of Contract Formation: the Rules of Offer and Acceptance
III. Minimum Content and Certainty

6. Form, Consideration and Intention
I. Formality in the Formation of Contracts
II. The Doctrine of Consideration
III. Promissory Estoppel
IV. Contractual Intention

7. Vitiating Factors: Void, Voidable and Unenforceable Contracts
I. The Vitiating Factors in English Law - Void and Voidable Contracts
II. Mistake
III. Misrepresentation and Non-Disclosure
IV. Duress, Undue Influence and Unconscionable Bargains
V. Capacity
VI. Illegality and Public Policy

8. Finding the Terms of the Contract
I. The 'Terms' of a Contract
II. Finding and Interpreting the Express Terms
III. Implied Terms

9. Controlling the Content of the Contract: 'Unfair' Contracts
I. Indirect Controls over the 'Fairness' of the Contract
II. Direct Controls over the 'Fairness' of the Contract

10. Who has the Benefit of the Contract? Who is Bound by the Contract?
I. Who is a 'Party' to the Contract? The Doctrine of Privity of Contract
II. Avoiding the Doctrine of Privity
III. Reform by the Contracts (Rights of Third Parties) Act 1999
IV. Assignment and Novation of Contractual Rights and Duties

11. Change of Circumstances
I. The Doctrine of Frustration
II. Using Contract Terms to Anticipate Changes of Circumstances

12. Remedies for Breach of Contract
I. 'Breach of Contract'
II. Specific Performance and Injunction
III. Termination for Breach
IV. Damages
V. Debt
VI. Consumer contracts for the Sale or Supply of Goods: Rejection, Repair, Replacement or Reduction in Price
VII. Agreed Remedies
VIII. Learning About a Contract from the Remedies for Breach