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Contract: Cases and Materials / Edition 5

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Overview


This outstanding casebook on contract comprises a wide selection of cases and materials that not only illustrates the substantive law, but places it in its legal and commercial context. It demonstrates how the rules work both inside and outside the courtroom and how they may be used to guide agreements, as well as to settle disputes.
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Product Details

  • ISBN-13: 9780199287369
  • Publisher: Oxford University Press, USA
  • Publication date: 9/13/2007
  • Edition description: 5TH
  • Edition number: 5
  • Pages: 1314
  • Product dimensions: 9.60 (w) x 6.80 (h) x 2.30 (d)

Meet the Author

Hugh G. Beale BA, Honorary Bencher of Lincoln's Inn, Professor of Law, University of Warwick William D. Bishop MA, BCL, PhD, Chairman, Lexecon (Consultant Economists) Michael P. Furmston TD, BCL, MA, LLM, Bencher of Gray's Inn, Emeritus Professor and Senior Research Fellow, University of Bristol

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Table of Contents

Section 1.
Introduction
1. Contracts and contract law
2. Contract, tort and restitution
3. The functions of contract law
4. Economic analysis of contract law
5. Empirical work
Section 2.
Enforceable Types of Promise
6. Consideration
7. Intention to create legal relations
Section 3.
Has an agreement been reached?
8. Offer and acceptance
9. Uncertainty and incompleteness
10. Communication mistakes
Section 4.
Obligations and Risks
11. Express terms in oral agreements
12. Contents of written contracts
13. Inaccurate information and misrepresentation
14. Gapfilling by interpretation
15. Implied terms
16. Discharge by frustration
17. Expectation mistakes
18. Discharge by construction
19. Duties of disclosure
Section 5.
Remedies
20. Some preliminary questions
21. Withholding performance and termination for default
22. Damages
23. Literal enforcement
24. Restitutionary remedies
Section 6.
Contract Theory
25. Why are promises binding?
26. Economic analysis of contract law
27. The impact of the empirical studies
28. Critical approaches to contract
29. Developing the relational contract notion
30. Fairness and distributive justice
31. Transformation thesis
Section 7.
Changing the Bargain
32. Rescission, variation, waiver and promissory estoppel
33. Adjustments in longer-term contracts
Section 8.
Policing the Bargain
34. Duress
35. Under pressure and undue influence
36. Unconscionable bargains
37. A general principle
38. Standard form contracts
39. Exclusion clauses
40. Unfair terms in consumer contracts
41. Regulated contracts
Section 9.
Illegality
42. Contracts contrary to public policy
43. Contracts involving the commission of a crime or a tort
44. Contracts in restraint of trade
Section 10.
Intermediaries, Third Parties and Assignment
45. Agency
46. Privity and the benefit of a contract between others
47. Subsequent assignment of the benefit of a contract
48. Privity and burdens
49. Assignment and the burden of a contract Appendix Index

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