Contract Formation: Law and Practice

Hardcover | November 20, 2016

byMichael Furmston, Gregory Tolhurst

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This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation.It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.

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From the Publisher

This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules gov...

Michael Furmston is Professor of Law at Sunway University in Malaysia. He studied law at Oxford and has taught at Birmingham, Belfast, Oxford, Bristol, and Singapore Management University. He was called to the Bar at Gray's Inn in 1960 and has been a Bencher of Gray's Inn since 1989. He is a member of the UNIDROIT working group which p...

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Format:HardcoverDimensions:536 pages, 9.69 × 6.73 × 0.98 inPublished:November 20, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198724039

ISBN - 13:9780198724032

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Table of Contents

1. Furmston/Tolhurst: Formation and the Concept of Agreement2. Furmston/Tolhurst: Offers and Invitations to Treat3. Furmston/Tolhurst: Termination and Revocation of Offers4. Furmston/Tolhurst: Acceptance5. Furmston/Tolhurst: Auctions and Tenders6. Eliza Mik: Problems of Intention and Consideration in Online Transactions7. Furmston/Tolhurst: Letters of Intent8. Furmston/Tolhurst: Practical Aspects of Letters of Intent9. Furmston/Tolhurst: Conditional Contracts10. Furmston/Tolhurst: Denial of Legally Binding Effect11. Furmston/Tolhurst: Certainty and Completeness12. Furmston/Tolhurst: Consideration13. Furmston/Tolhurst: Is There a Duty to Negotiate in Good Faith?14. Furmston/Tolhurst: Pre-Contractual Liability

Editorial Reviews

"This book provides a detailed and constructive review of the specific issues arising from contract formation." --Gillian Black, Edinburgh Law Review