Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Defences in Contract

Edited by: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith

ISBN13: 9781849467230
Published: December 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

In stock.

Also available as
+ £12.50 VAT

This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract.

The essays range from those that adopt a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of contract law generally.

One goal of the book is to shed light on contract law doctrines by analysing them through the lens of defences. Many scholars are unaccustomed to conceptualising principles of contract law in terms of defences and so a new perspective is brought to an old topic.

The essays make several original contributions to this complex, important but neglected field of academic enquiry. The contributors - judges and academics - are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

Contract Law
1. Thinking in Terms of Contract Defences Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith
2. What Is a Contractual Defence (and Does It Matter)? Kit Barker
3. Good Faith Bargaining in the Shadow of a Form Daniel Markovits
4. Good Faith, Good Conscience, and the Taking of Unfair Advantage Stephen Waddams
5. Undue Influence and Unconscionability Hugh Beale
6. Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment? Mary Arden
7. Not Waiving but Drowning Robert Stevens
8. Frustration: Automatic Discharge of Both Parties? Ewan McKendrick
9. Resisting Termination: Some Comparative Observations Solene Rowan
10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility Venkatesan Niranjan
11. Contributory Negligence and Strict Contractual Obligations Revisited Janet O'Sullivan
12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy Gerard McMeel
13. Illegality: Where Are We Now? Roger Toulson

Series: Hart Studies in Private Law: Essays on Defences

Defences in Tort ISBN 9781509914166
To be published April 2017
Hart Publishing
Defences in Contract (eBook) ISBN 9781509902149
Published December 2016
Hart Publishing
£62.49 + £12.50 VAT
Defences in Tort ISBN 9781849465267
Published January 2015
Hart Publishing
Defences in Tort (eBook) ISBN 9781782255437
Published January 2015
Hart Publishing
£31.66 + £6.33 VAT