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Smith & Thomas: A Casebook on Contract 14th ed

ISBN13: 9780414070738
Previous Edition ISBN: 9780414035324
Published: June 2021
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £34.95

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For over 60 years, Smith & Thomas has been the leading casebook on the law of contract, providing all the material necessary for an in-depth study of the area. The work uses substantial case extracts combined with authoritative explanation to provide readers with an understanding of the principles of contract law. As in previous editions, both historical and contemporary cases are discussed to illustrate the key elements of contract law. In addition, Smith & Thomas contains all relevant material including key statutory material and law commission reports.

New for the Fourteenth Edition

  • Recent cases highlighting the resetting of the commercial law of contract, including Arnold v Britton [2015] UKSC 36, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72, Wood v Capita Insurance Services Ltd [2017] UKSC 24, Morris Garner v One Step (Support) Ltd [2018] UKSC 20, Patel v Mirza [2016] UKSC 42, Cavendish Square Holding BV v Makdessi [2015] UKSC 67, and Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd [2020] UKSC 36
  • Consideration of the latest jurisprudence on good faith in cases such as Sheikh Tahnoon Bin Saeed Bin Shakboot Al Nehayan v Kent [2018] EWHC 333 (Comm); and the related development of relational contracts in Bates v Post Office Limited [2019] EWHC 606
  • New chapter on where, after Brexit and with ‘smart contracts’, the law of contract stands in 2021

Contract Law
Part I The Formation of a Contract: Contract: Form, Flexibility and Fair Dealing
Offer and Acceptance
Contract as an Agreement: Finality and Certainty
Contract as a meeting of minds
The Authenticity of Agreement
The Scope of the Agreement
The Identity of the Offeror and the Offeree
Intention to Create Legal Relations
Equitable Estoppel
Part II Third Party Claims and Liabilities: Privity of Contract I
Privity of Contract II
Part III Obligations Arising from the Contract and its Formation: Misrepresentation
Representations, Terms and Collateral Contracts
Implied Terms
Interpretation of Terms
Part IV Remedies
Performance and Rescission
Part V Exclusion of Liability and Unfair Terms: Exclusion Clauses
Unfair Terms
Part VI Excusing Circumstances: Initial Impossibility and Mistake
Subsequent Impossibility and Frustration
Part VII Vitiating Factors: Incapacity
Duress, Undue Influence and Unconscionability
Void and Illegal Contracts
Contract Law 2021