Full Description
This new work contains the most current analysis of the English law of contract. Contract Law in Practice enables easy access to the essence of judgements, and includes clear explanations of the law, especially where the law is unsatisfactory, undecided, or lacks certainty. Written by Neil Andrews--an experienced author--this highly valuable book is essential for all commercial lawyers and anyone interested in this fundamental area of the law.
With precise links to cases and important passages of the leading judgements, the analysis is founded in the words of the judgments themselves, enabling clear interpretation of their impact on the shape of the law and easy access to judicial discussion. The coverage is comprehensive, and emphasis is made upon interpreting and elucidating difficult or undecided topics. Substantial references to further reading throughout enable easy research for the reader.
The author identifies six key principles of contract law: freedom of contract; objectivity; the contractual bond principle; estoppel; good faith and fair dealing; and the compensation principle. These principles support the analytical rigour of Contract Law in Practice and provide the framework in which the author clarifies difficult aspects of the law.
Contents
I: Fundamentals
1: Sources and General Features
2: Principles
II: Formation
3: Agreement
4: Certainty
5: Formality
6: Consideration
7: Intent to Create Legal Relations
III: Capacity and Parties
8: Capacity
9: Third Parties and Co-Parties
10: Assignment and Agency
IV: Vitiation
11: Misrepresentation
12: Mistake
13: Duress
14: Undue Influence
15: Unconscionability
V: Illegality and Public Policy
16: Illegality
VIL Terms and Interpretation
17: Express Terms
18: Implied Terms
19: Good Faith
20: Interpretation of Written Contracts
21: Rectification
22: Exclusion Clauses and Consumer Protection
VII: Descharge and Breach
23: Termination By Notice or Consent
24: Breach
25: Incomplete Performance
26: Force Majeure and Frustration
VIII: Remedies for Default
27: Debt and Other Agreed Sums
28: Damages
29: Specific Performance and Other Equitable Remedies
