Contract Law
An Introduction to the English Law of Contract for the Civil Lawyer
2nd Edition
Published on 19. August 2013
Book
Paperback/Softback
368 pages
978-1-84946-479-6 (ISBN)
Description
This book gives an introduction to the English law of contract. In this new and fully updated edition the book retains the primary focus of the first edition: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer-whether student or practitioner-from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, setting English contract law generally in the context of other European and international approaches, the book forms an introductory text for the English student, who can see not only how English contract law works but also get a glimpse of different ways of thinking about some of the fundamental rules of contract law. After a general introduction to the common law system-how a common lawyer reasons and finds the law-the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
More details
Edition
2nd edition
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Product notice
Hardback (stationery)
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 0 mm
Weight
573 gr
ISBN-13
978-1-84946-479-6 (9781849464796)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
07/2014
1st Edition
Hart Publishing
€25.49
Available for download
Previous edition
Book
09/2007
1st Edition
Hart Publishing
€57.19
Article exhausted; check for reprint
Person
John Cartwright is Professor of the Law of Contract at the University of Oxford, Tutor in Law at Christ Church, Oxford, Professor of Anglo-American Private Law at the University of Leiden, and a Solicitor.
Content
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
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