A Casebook on Contract: Fourth Edition

ISBN-13: 9781849464468 / Angielski / Miękka / 2013 / 904 str.

Andrew Burrows

Opis

This fully updated fourth edition of A Casebook on Contract offers undergraduate law students an ideal way to discover and understand contract law through reading highlights of leading UK cases. Designed to be used in conjunction with a contract law textbook, the book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion, an innovative feature is the summary of leading academic articles in each chapter. The book covers all aspects of the law of contract most commonly found in the undergraduate curriculum.

Spis treści

Contents Contents PART ONE: THE FORMATION OF A CONTRACT 1. OFFER AND ACCEPTANCE 1. Introduction 2. Offers and Invitations to Treat 3. Acceptance 4. Termination of an Offer 5. Problematic Offer and Acceptance 2. CERTAINTY AND INTENTION TO CREATE LEGAL RELATIONS 1. Certainty 2. Intention to Create Legal Relations 3. CONSIDERATION AND PROMISSORY ESTOPPEL 1. Consideration 2. Promissory Estoppel PART TWO: THE TERMS OF A CONTRACT 4. IDENTIFYING THE TERMS 2. Incorporation of a Party's Written Terms 3. Implied Terms 5. INTERPRETING THE TERMS 1. The Modern Approach to Construction 2. Construction of Exemption Clauses 6. STATUTORY CONTROL OF UNFAIR TERMS 1. The Unfair Contract Terms Act 1977 2. The Unfair Terms in Consumer Contracts Regulations 1999 3. Reform of the Legislation on Unfair Terms PART THREE: REMEDIES FOR BREACH OF CONTRACT 7. TERMINATION 1. The Meaning of Termination for Breach 2. Conditions, Warranties and Innominate Terms 3. Termination Clauses 4. Anticipatory Breach 5. Restitution after Termination for Breach 8. DAMAGES 1. Compensatory Damages 2. Restitutionary Damages/An Account of Profits 3. Agreed/Liquidated Damages 9. DIRECT ENFORCEMENT 1. The Award of an Agreed Sum 2. Specifi c Performance 3. Injunctions PART FOUR: PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS 10. PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS 1. Introduction 2. Four Cases Establishing or Confirming the Privity Doctrine (on its Benefit Side) 3. Exceptions to Privity (on its Benefit Side) 4. The Promisee's Remedies in a Contract Made for the Benefit of a Third Party 5. The Contracts (Rights of Third Parties) Act 1999 6. Exceptions to the Privity Doctrine on its Burden Side PART FIVE: FACTORS ALLOWING ESCAPE FROM A CONTRACT 11. MISREPRESENTATION 1. Requirements of Misrepresentation 2. Rescission for Misrepresentation 3. Damages for Misrepresentation 4. Exclusion of Liability for Misrepresentation: Misrepresentation Act 1967, Section 3 12. MISTAKE 1. Unilateral Mistake 2. Common Mistake 13. FRUSTRATION 1. The Early Approach of Absolute Liability 2. The Kinds of Events that Amount to Frustration 3. Factors Excluding Frustration 4. The Juristic Basis of Frustration 5. The Effects of Frustration 6. The Relationship between Common Mistake and Frustration 14. DURESS 1. Duress of the Person 2. Economic Duress 15. UNDUE INFLUENCE AND EXPLOITATION OF WEAKNESS 1. Undue Influence 2. Exploitation of Weakness