Full Description
This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors - judges and academics - are all leading jurists. The essays are addressed to all of the major common law jurisdictions.
Contents
1. Thinking in Terms of Contract Defences
Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith
2. What Is a Contractual Defence (and Does It Matter)?
Kit Barker
3. Good Faith Bargaining in the Shadow of a Form
Daniel Markovits
4. Good Faith, Good Conscience, and the Taking of Unfair Advantage
Stephen Waddams
5. Undue Influence and Unconscionability
Hugh Beale
6. Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment?
Mary Arden
7. Not Waiving but Drowning
Robert Stevens
8. Frustration: Automatic Discharge of Both Parties?
Ewan McKendrick
9. Resisting Termination: Some Comparative Observations
Solène Rowan
10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility
Venkatesan Niranjan
11. Contributory Negligence and Strict Contractual Obligations Revisited
Janet O'Sullivan
12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy
Gerard McMeel
13. Illegality: Where Are We Now?
Roger Toulson
