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Atiyah's Introduction to the Law of Contract

Sixth Edition

Stephen A. Smith and P.S. Atiyah

February 2006

ISBN: 9780199249411

480 pages
Paperback
234x156mm

In Stock

Clarendon Law Series

Price: £39.99

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Description

This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it.

  • An innovative and authoritative exposition of the modern law of contract offering readers an illuminating account of the subject
  • Regarded as a landmark textbook in English legal scholarship, it is widely recognised as one of the most interesting and innovative books to have been published on contract law in recent years
  • Takes a critical and argumentative approach, engaging readers in debates about the meaning and value of the law
  • A comprehensive treatment of contract law makes this book ideal for use on all undergraduate courses

New to this edition

  • The revised contents reflect various changes in contract law teaching and scholarship that have taken place in recent years.
  • Updated to include a critical overview of the Unfair Terms in Consumer Contracts Regulations 1999 and the Contracts (Rights of Third Parties) Act 1999, as well as developments in unjust enrichment.

About the Author(s)

Stephen A. Smith, Professor of Law, McGill University, Montreal, and former Tutor and Fellow in Law at St Anne's College, Oxford, and P.S. Atiyah, Formerly Professor of English Law in the University of Oxford

Table of Contents

    1: Introduction
    2: Definition and Classification
    Part I: FORMATION OF CONTRACTS
    3: Offer and Acceptance
    4: Beyond Offer and Acceptance: Formalities, Intent to Create Legal Relations, and Consideration
    Part II: THE CONTENT OF THE CONTRACT
    5: Express Terms
    6: Implied Terms
    7: The Force and Scope of Contractual Obligations: Standards of Care, Mistake, Frustration, Breach, and Notice
    8: Unenforceable Contracts and Terms
    Part III: EXCUSES FOR NON-PERFORMANCE
    9: The Duty to Disclose Material Facts
    10: Misrepresentation
    11: Duress and Undue Influence
    12: Unfair Contracts
    Part IV: ENFORCING THE CONTRACT
    13: Third Party Rights
    14: Remedies For Breach of Contract

Reviews

"Smith brings acute intelligence to his rather daunting task. His passion for contractual theorising is impressive...the text is elegant, accurate and clear." - The Cambridge Law Journal, 2006

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