Some Landmarks of Twentieth Century Contract Law

Hardcover | March 15, 2002

byGuenter Treitel

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This book contains a slightly expanded version of the Clarendon Lectures in Law given in Oxford in 2001. It deals with major contributions made by the English Courts in the Twentieth Century to three important areas of English contract law. The first is the variation of contracts by subsequentagreement, where developments in the doctrines of consideration and estoppel are discussed in the light of Williams v Roffey Bros and Nicholls (Contractors) Ltd and the High Trees case. The second is the battle over privity of contract, discussed mainly in the light of the Midlands Silicone case andBeswick v Beswick; much of this discussion retains its practical importance even after the Contracts (Rights of Third Parties) Act 1999. The third is the development of different types of contractual terms: starting with the distinction between 'conditions' and 'warranties', this discussion tracesthe development of 'intermediate' or 'innominate' terms in the light of the Hong Kong Fir case and later authorities; it also considers the development and continuing significance of the concept of the 'fundamental' term.

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This book contains a slightly expanded version of the Clarendon Lectures in Law given in Oxford in 2001. It deals with major contributions made by the English Courts in the Twentieth Century to three important areas of English contract law. The first is the variation of contracts by subsequentagreement, where developments in the doctri...

Professor Guenter Treitel, DCL, FBA, QC, retired as Vinerian Professor of English Law in 1997, and has been awarded a knighthood for services to law. Professor Treitel has been a Fellow of All Souls College since 1979. He was previously a Fellow of Magdalen College from 1954 to 1979.
Format:HardcoverDimensions:120 pages, 8.5 × 5.43 × 0.67 inPublished:March 15, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019925575X

ISBN - 13:9780199255757

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Table of Contents

1. Introduction2. Agreements to vary contracts1. Introduction2. Increasing pacts (i) Consideration, public policy and duress (ii) Three party and public duty cases (iii) Williams v. Roffey Brothers (a) Facts and Results (b) Relation to earlier cases3. Decreasing pacts (i) Consideration and duress (ii) Foukes v Beer: protection of creditors (iii) The High Trees case (a) Facts and decision (b) Conflict with protective function (c) The 'estoppel' analogue (d) Cause of action? (e) Differences between kinds of estoppel4. Cross-overs (i) High Trees and increasing pacts (ii) Williams v Roffey and decreasing pacts3. The Battle over Privity1. The starting point2. The trust exception3. Early attacks on the doctrines4. Third parties claiming the benefit of exemption clauses (a) Vicarious immunity and bailment on terms (b) Rejection of vicarious immunity: the Midland Silicones case (c) Ways round privity: Himalaya Clause (d) Ways round privity: other drafting devices5. Binding third parties by exemption clauses (a) The general rule (b) Ways round the general rule (i) Supplied contract (ii) Sub-bailment on terms6. Beswick v Beswick (a) The facts and results (b) Ways round privity (c) Tort liability? (d) Damages in respect of third party's loss (e) Law of Property Act 1925 section 56 (i) (f) Legislative reform4. Types of Contractual Terms1. Conditions and warranties2. Intermediate terms (a) The Hong Kong Fir case (b) Developments and policies3. Sale of Goods Act 1979 section 15A4. Intermediate terms and warranties5. Insurance warranties6. Fundamental terms (a) Exemption clauses and fundamental breach (b) Concept of fundamental terms (c) Problems of construction (d) Deviation (e) Loss of right to rescind

Editorial Reviews

`'a masterly and weighty survey of an important topic''Tony Weir, Cambridge Law Journal