Contract: Cases and Materials

Paperback | September 21, 2007

byH. G. Beale, W. D. Bishop, M. P. Furmston

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This casebook comprises a wide selection of cases and materials to illustrate the law, and place it within its legal and commercial context. The cases and relevant statutes are illuminated with insightful author commentary, as the authors highlight difficulties and complexities in the law,encouraging students to take their understanding to a deeper level. This fifth edition is accompanied by an Online Resource Centre featuring annual updates and web links. Online Resource Centre Student resources: - Annual updates - Web links

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This casebook comprises a wide selection of cases and materials to illustrate the law, and place it within its legal and commercial context. The cases and relevant statutes are illuminated with insightful author commentary, as the authors highlight difficulties and complexities in the law,encouraging students to take their understandin...

Hugh G Beale, Barrister, is a Commercial Law and Common Law Commissioner at the Law Commission for England and Wales. He was Professor of Law at the University of Warwick between 1987 and 2000. He was called to the Bar in 1971. W D Bishop is Chairman of Lexecon Ltd. He has held academic posts in the London School of Economics, Oxford,...

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Format:PaperbackDimensions:1320 pages, 9.69 × 6.73 × 2.09 inPublished:September 21, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199287368

ISBN - 13:9780199287369

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Table of Contents

1. Introduction1. Contracts and contract law2. Contract, tort and restitution3. The functions of contract law4. Economic analysis of contract law5. Empirical work2. Enforceable Types of Promise6. Consideration7. Intention to create legal relations3. Has An Agreement Been Reached?8. Offer and acceptance9. Uncertainty and incompleteness10. Communication mistakes4. Obligations11. Express terms in oral agreements12. Contents of written contracts13. Inaccurate information and misrepresentation14. Gapfilling by interpretation15. Implied terms16. Discharge by frustration17. Expectation mistakes18. Discharge by construction19. Duties of disclosure5. Remedies20. Some preliminary questions21. Withholding performance and termination for default22. Damages23. Literal enforcement24. Restitutionary remedies6. Contract Theory25. Why are promises binding?26. Economic analysis of contract law27. The impact of the empirical studies28. Critical approaches to contract29. Developing the relational contract notion30. Fairness and distributive justice31. Transformation thesis7. Changing the Bargain32. Rescission, variation, waiver and promissory estoppel33. Adjustments in longer-term contracts8. Policing the Bargain34. Duress35. Undue pressure and undue influence36. Unconscionable bargains37. A general principle?38. Standard form contracts39. Exclusion clauses40. Unfair terms in consumer contracts41. Regulated contracts9. Illegality42. Contracts contrary to public policy43. Contracts involving the commission of a crime or a tort44. Contracts in restraint of trade10. Intermediaries, Third Parties and Assignment45. Agency46. Privity and the benefit of a contract between others47. Subsequent assignment of the benefit of a contract48. Privity and burdens49. Assignment and the burden of a contract