Contract Law

Part I: An Introduction to the Common Law
1 The 'Common Law'
I. The 'Common Law' of England
II. Common Law Systems Around the World
2 Finding the Law
I. The Sources of Law
II. The Judge as Interpreter and as Law-Maker
III. English Statutory Drafting
Part II: The Law of Contract
3 Introduction to the English Law of Contract
I. The Place of Contract in Private Law
II. A General Law of Contract; the Place of 'Special' Contracts
III. Some General Features and Some Fundamental Starting-Points
IV. English Contract Law in a European Context
4 The Negotiations for a Contract
I. The Starting-Point: No General Duty between Negotiating Parties
II. Particular Liabilities Arising During the Negotiations
5 Formation of the Contract: Contract as 'Agreement'
I. The Meaning of 'Agreement': the 'Objective Test'
II. The Mechanisms of Contract Formation: the Rules of Offer and Acceptance
III. Minimum Content and Certainty
6 Form, Consideration and Intention
I. Formality in the Formation of Contracts
II. The Doctrine of Consideration
III. Promissory Estoppel
IV. Contractual Intention
7 Vitiating Factors: Void, Voidable and Unenforceable Contracts
I. The Vitiating Factors in English Law; Void and Voidable Contracts
II. Mistake
III. Misrepresentation and Non-Disclosure
IV. Duress, Undue Influence and Unconscionable Bargains
V. Capacity
VI. Illegality and Public Policy
8 Finding the Terms of the Contract
I. The 'Terms' of a Contract
II. Finding and Interpreting the Express Terms
III. Implied Terms
9 Controlling the Content of the Contract: 'Unfair' Contracts
I. Indirect Controls over the 'Fairness' of the Contract
II. Direct Controls over the 'Fairness' of the Contract
10 Who has the Benefit of the Contract? Who is Bound by the Contract?
I. Who is a 'Party' to the Contract? The Doctrine of Privity of Contract
II. Avoiding the Doctrine of Privity
III. Reform by the Contracts (Rights of Third Parties) Act 1999
IV. Assignment and Novation of Contractual Rights and Duties
11 Change of Circumstances
I. The Doctrine of Frustration
II. Using Contract Terms to Anticipate Changes of Circumstances
12 Remedies for Breach of Contract
I. 'Breach of Contract'
II. Specific Performance and Injunction
III. Termination for Breach
IV. Damages
V. Debt
VI. Consumer contracts for the Sale or Supply of Goods: Rejection, Repair, Replacement or Reduction in Price
VII. Agreed Remedies
VIII. Learning About a Contract from the Remedies for Breach