Cheshire, Fifoot and Furmston's Law of Contract / Edition 15

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Overview


This fifteenth edition of Cheshire, Fifoot & Furmston's Law of Contract remains one of the leading textbooks on the subject more than fifty years after the publication of its first edition. Michael Furmston's exposition is comprehensive and clear, and describes all the major principles of the English law of contract.
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Product Details

  • ISBN-13: 9780199287567
  • Publisher: Oxford University Press
  • Publication date: 11/30/2006
  • Edition description: REV
  • Edition number: 15
  • Pages: 880
  • Product dimensions: 9.70 (w) x 6.70 (h) x 1.80 (d)

Meet the Author

Michael Furmston is a Bencher of Gray's Inn, and an Emeritus Professor and Senior Research Fellow at the University of Bristol.

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Table of Contents


List of Cases     xi
Table of Statutes     xlvii
Historical Introduction     1
The mediaeval law     1
The origin of assumpsit     5
Assumpsit and debt     7
The doctrine of consideration     8
The seventeenth and eighteenth centuries     10
The nineteenth century     13
Implied terms     17
Some Factors Affecting Modern Contract Law     19
Continental influence in the nineteenth century     20
Influence of economic theory     21
Inequality of bargaining power     23
The use of standard form contracts     24
Consumer protection     26
The relationship between standard form contracts, inequality of bargaining power and consumer protection     27
Contractual behaviour     28
A law of contract or contracts?     29
The interrelationship of contract and tort     30
Good faith in contract law     32
The globalisation of contract law     33
Human Rights Act 1998     34
The Phenomena of Agreement     36
Introduction     36
Offer and acceptance: offer     39
Offer and acceptance:acceptance     47
Termination of offer     72
Constructing a contract     81
Inchoate contracts     85
Long-term relationships     91
Consideration     93
Function and definition     93
Consideration - executory, executed and past     97
Consideration must move from the promisee     101
Sufficiency of consideration     104
Intention to Create Legal Relations     142
Domestic agreements     144
Commercial agreements     148
The Contents of the Contract     156
Express terms     157
Implied terms     172
The relative importance of contractual terms     191
Excluding and limiting terms     202
Statutory provisions: Unfair Contract Terms Act 1977     231
The Unfair Terms in Consumer Contracts Regulations 1999     253
Unenforceable Contracts     258
History and policy of the Statute of Frauds     259
Statute of Frauds, section 4, and Law of Property Act 1925, section 40     263
Law of Property (Miscellaneous Provisions) Act 1989, section 2     277
Other rules about form     280
Writing, signature and electronic commerce     281
Mistake     282
Introduction     282
The two categories of cases     286
Documents mistakenly signed     321
Misrepresentation, Duress and Undue Influence     329
Misrepresentation     330
Duress and undue influence     383
Contracts Rendered Void By Statute     404
Wagering contracts     404
Agreements prohibited by competition law     424
Contracts Illegal By Statute or at Common Law     460
Contracts prohibited by statute     461
Contracts illegal at common law on grounds of public policy     467
The consequence of illegality     487
Proof of illegality     510
Reform     511
Contracts Void at Common Law on Grounds of Public Policy     512
The contracts described     513
The legal consequences     537
Capacity of Parties     547
Minors     548
Corporations     565
Persons mentally disordered, and drunkards     570
Privity of Contract     572
The doctrine of privity of contract     572
Qualifications to doctrine     575
Enforcement by promisee     582
The Contract (Rights of Third Parties) Act 1999     588
Attempts to impose liabilities upon strangers     593
Privity of Contract Under the Law of Agency     601
The place of agency in English law     602
Formation of agency     605
Position of principal and agency with regard to third parties     614
Unauthorised acts of the agent     627
Termination of agency     634
The Voluntary Assignment of Contractual Rights and Liabilities     642
The assignment of contractual rights     642
The assignment of contractual liabilities     664
The Involuntary Assignment of Contractual Rights and Liabilities     669
Performance and Breach     671
Introduction     672
The order of performance     673
Excuses for non-performance     674
Can a party who does not perform perfectly claim payment or performance from the other party?     675
Can an innocent party who has paid in advance recover his payment in the event of a failure of perfect performance?     679
Can the innocent party terminate the contract?     680
What is the effect of a repudiation or a fundamental breach?     688
The effect of discharging the contract for a bad reason, when a good reason also exists     694
Some possible special cases     695
Contractual provisions for termination     699
Stipulations as to time     702
Tender of performance     705
Discharge By Agreement     707
Bilateral discharge     709
Unilateral discharge     717
Discharge Under the Doctrine of Frustration     721
Nature and rationale of the doctrine     721
Operation of the doctrine     726
Effect of the doctrine     737
Remedies for Breach of Contract     749
Introduction     749
Damages     751
Specific performance     797
Extinction of remedies     806
Index     817
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