Contract

SECTION 1; Introduction; 1. Contracts and contract law; 2. Contract, tort and restitution; 3. The functions of contract law; 4. Economic analysis of contract law; 5. Empirical work; SECTION 2; Enforceable Types of Promise; 6. Consideration; 7. Intention to create legal relations; SECTION 3; Has an agreement been reached?; 8. Offer and acceptance; 9. Uncertainty and incompleteness; 10. Communication mistakes; SECTION 4; Obligations and Risks; 11. Express terms in oral agreements; 12. Contents of written contracts; 13. Inaccurate information and misrepresentation; 14. Gapfilling by interpretation; 15. Implied terms; 16. Discharge by frustration; 17. Expectation mistakes; 18. Discharge by construction; 19. Duties of disclosure; SECTION 5; Remedies; 20. Some preliminary questions; 21. Withholding performance and termination for default; 22. Damages; 23. Literal enforcement; 24. Restitutionary remedies; SECTION 6; Contract Theory; 25. Why are promises binding?; 26. Economic analysis of contract law; 27. The impact of the empirical studies; 28. Critical approaches to contract; 29. Developing the relational contract notion; 30. Fairness and distributive justice; 31. Transformation thesis; SECTION 7; Changing the Bargain; 32. Rescission, variation, waiver and promissory estoppel; 33. Adjustments in longer-term contracts; SECTION 8; Policing the Bargain; 34. Duress; 35. Under pressure and undue influence; 36. Unconscionable bargains; 37. A general principle; 38. Standard form contracts; 39. Exclusion clauses; 40. Unfair terms in consumer contracts; 41. Regulated contracts; SECTION 9; Illegality; 42. Contracts contrary to public policy; 43. Contracts involving the commission of a crime or a tort; 44. Contracts in restraint of trade; SECTION 10; Intermediaries, Third Parties and Assignment; 45. Agency; 46. Privity and the benefit of a contract between others; 47. Subsequent assignment of the benefit of a contract; 48. Privity and burdens; 49. Assignment and the burden of a contract; Appendix; Index