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.The new edition of Contract - Cases and Materials takes account of changes that have occurred in this area of law and brings the reader right up to date since the previous edition was published in 1995.""

Full Product Details

Author:   H. G. Beale ,  W. D. Bishop ,  Michael Furmston
Publisher:   Oxford University Press
Imprint:   LexisNexis UK
Edition:   4th Revised edition
Dimensions:   Width: 15.60cm , Height: 4.40cm , Length: 24.60cm
Weight:   1.421kg
ISBN:  

9780406924049

ISBN 10:   040692404
Pages:   1320
Publication Date:   17 February 2001
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   Out of stock  

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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Author Information

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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