Contract: Cases and Materials / Edition 5

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This casebook comprises a wide selection of cases and materials to illustrate the law, and place it within its legal and commercial context. The cases and relevant statutes are illuminated with insightful author commentary, as the authors highlight difficulties and complexities in the law, encouraging students to take their understanding to a deeper level.

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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, Barrister, is a Commercial Law and Common Law Commissioner at the Law Commission for England and Wales. He was Professor of Law at the University of Warwick between 1987 and 2000. He was called to the Bar in 1971. W D Bishop is Chairman of Lexecon Ltd. He has held academic posts in the London School of Economics, Oxford, and at universities in Canada, Australia, and the United States of America. Dr Bishop was an economic advisor to the UK Government, Department of Trade and Industry, on aspects of the UK Competition Act (1997-98). Michael P Furmston is Emeritus Professor and Senior Research Fellow at the University of Bristol. He is the author of Cheshire, Fifoot and Furmston's Law of Contract. He was called to the Bar at Gray's Inn in 1960 and has been a Bencher of Gray's Inn since 1989.

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Table of Contents

Section 1.
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.
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.
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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