Some Landmarks of Twentieth Century Contract Law
This book contains a slightly expanded version of the Clarendon Lectures in Law given in Oxford in 2001. It deals with major contributions made by the English Courts in the Twentieth Century to three important areas of English contract law. The first is the variation of contracts by subsequent agreement, where developments in the doctrines of consideration and estoppel are discussed. The second is the battle over privacy of contract, and the third is the development of different types of contractual terms.
1100635394
Some Landmarks of Twentieth Century Contract Law
This book contains a slightly expanded version of the Clarendon Lectures in Law given in Oxford in 2001. It deals with major contributions made by the English Courts in the Twentieth Century to three important areas of English contract law. The first is the variation of contracts by subsequent agreement, where developments in the doctrines of consideration and estoppel are discussed. The second is the battle over privacy of contract, and the third is the development of different types of contractual terms.
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Some Landmarks of Twentieth Century Contract Law

Some Landmarks of Twentieth Century Contract Law

by Guenter Treitel
Some Landmarks of Twentieth Century Contract Law

Some Landmarks of Twentieth Century Contract Law

by Guenter Treitel

Hardcover

$100.00 
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Overview

This book contains a slightly expanded version of the Clarendon Lectures in Law given in Oxford in 2001. It deals with major contributions made by the English Courts in the Twentieth Century to three important areas of English contract law. The first is the variation of contracts by subsequent agreement, where developments in the doctrines of consideration and estoppel are discussed. The second is the battle over privacy of contract, and the third is the development of different types of contractual terms.

Product Details

ISBN-13: 9780199255757
Publisher: Oxford University Press
Publication date: 05/23/2002
Series: Clarendon Law Lectures
Pages: 164
Product dimensions: 8.50(w) x 5.50(h) x 0.50(d)

About the Author

Professor Guenter Treitel, DCL, FBA, QC, retired as Vinerian Professor of English Law in 1997, and has been awarded a knighthood for services to law. Professor Treitel has been a Fellow of All Souls College since 1979. He was previously a Fellow of Magdalen College from 1954 to 1979.

Table of Contents

1. Introduction2. Agreements to vary contracts1. Introduction2. Increasing pacts (i) Consideration, public policy and duress (ii) Three party and public duty cases (iii) Williams v. Roffey Brothers (a) Facts and Results (b) Relation to earlier cases3. Decreasing pacts (i) Consideration and duress (ii) Foukes v Beer: protection of creditors (iii) The High Trees case (a) Facts and decision (b) Conflict with protective function (c) The 'estoppel' analogue (d) Cause of action? (e) Differences between kinds of estoppel4. Cross-overs (i) High Trees and increasing pacts (ii) Williams v Roffey and decreasing pacts3. The Battle over Privity1. The starting point2. The trust exception3. Early attacks on the doctrines4. Third parties claiming the benefit of exemption clauses (a) Vicarious immunity and bailment on terms (b) Rejection of vicarious immunity: the Midland Silicones case (c) Ways round privity: Himalaya Clause (d) Ways round privity: other drafting devices5. Binding third parties by exemption clauses (a) The general rule (b) Ways round the general rule (i) Supplied contract (ii) Sub-bailment on terms6. Beswick v Beswick (a) The facts and results (b) Ways round privity (c) Tort liability? (d) Damages in respect of third party's loss (e) Law of Property Act 1925 section 56 (i) (f) Legislative reform4. Types of Contractual Terms1. Conditions and warranties2. Intermediate terms (a) The Hong Kong Fir case (b) Developments and policies3. Sale of Goods Act 1979 section 15A4. Intermediate terms and warranties5. Insurance warranties6. Fundamental terms (a) Exemption clauses and fundamental breach (b) Concept of fundamental terms (c) Problems of construction (d) Deviation (e) Loss of right to rescind
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