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Many times, it has been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of author Brian Coote's previously published writings on this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having...

In this book the author's previously published writings on the often misunderstood topics of contractual obligation and liability are assembled.

Written by one of the world's preeminent contract lawyers, this second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption ISBN 978 1 84946 029 3; Hart Publishing, Oxford; 2010]. Part of the theme of the first collection was that, in a bilateral contract, the obligations of the parties, both primary and secondary, are those which at the formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract...