Full Description
This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice.
The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting, and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems, and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort, and the methods of resolving a battle of the forms. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] which considered the extent to which issues of contract formation involved issues of law or fact.
Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore, and New Zealand, where these inform the development of principles in English law.
Contents
1: Formation and the Concept of Agreement
2: Offers and Invitations to Treat
3: Termination and Revocation of Offers
4: Acceptance
5: Auctions and Tenders
6: Contracts Formed Online and 'By' Computers
7: Letters of Intent and Comfort
8: Conditional Contracts
9: Intention to Contract
10: Certainty and Completeness
11: Consideration
12: Is There a Duty to Negotiate in Good Faith
13: Pre-Contractual Liability
