
Contract as Assumption II
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This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract.
The collection ends with the author's valedictory lecture, "Contract - an Underview". In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.
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Persons
JW Carter is Emeritus Professor of Law in Sydney Law School in the University of Sydney, and Consultant at the international law firm Herbert Smith Freehills.
Content
2. Reflections on Intention in the Law of Contract
3. The Instantaneous Transmission of Acceptances
4. Dunlop v Lambert: The Search for a Rationale
5. Sale of Goods at Auction Without Reserve
6. Correspondence with Description in the Law of Sale of Goods
7. Deviation and the Ordinary Law
8. PART I: The Effect of Discharge by Breach on Exception Clauses
8. PART II: Discharge for Breach and Exception Clauses Since Harbutt's 'Plasticine'
9. Another Look at Bowmakers v Barnet Instruments
10. Chance and the Burden of Proof in Contract and Tort
11. Damages, The Liesbosch, and Impecuniosity
12. Contract as Assumption and Remoteness of Damage
13. Contract: An Underview
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