This textbook explores the underlying themes and explains the basic rules of English contract law. It introduces debates about the nature, scope and functions of this law and discusses the wider controversies which surround some of the basic doctrines. New features of this fifth edition include discussion of major cases on unfair terms in consumer contracts, undue influence and a number of recent decisions of the House of Lords on the law relating to damages.
Preface - Table of Cases - Table of Statutes - Introduction - PART ONE: THE FORMATION AND SCOPE OF A CONTRACT - Agreement: Clearing the Ground - Offer and Acceptance - Certainty and Agreement Mistakes - Consideration and Form - Intention to Create Legal Relations - Third Party Rights - PART TWO: THE CONTENT OF A CONTRACT - What is a Term? - The Sources of Contractual Terms - The Classification of Contractual Terms - Exclusion Sources - PART THREE: POLICING THE CONTRACT - A Duty to Disclose Material Facts - Misrepresentation - Common Mistake and Frustration - Illegality - Capacity - Duress, Undue Influence, and Inequality of Bargaining Power - PART FOUR: PERFORMANCE, DISCHARGE AND THE REMEDIES FOR BREACH OF CONTRACT - Performance and Discharge of the Contract - Breach of Contract - Damages for Breach of Contract - Obtaining an Adequate Remedy - Bibliography - Index -