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Cover

Contract

Fifth Edition

H G Beale, W D Bishop, and M P Furmston

September 2007

ISBN: 9780199287369

1,330 pages
Paperback
246x171mm

In Stock

Price: £42.99

This casebook comprises a wide selection of cases and materials that illustrate the law and place it within its legal and commercial context. The authors highlight difficulties in the law, encouraging students to take their understanding to a deeper level.

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Description

This casebook comprises a wide selection of cases and materials that illustrate the law and place it within its legal and commercial context. The authors highlight difficulties in the law, encouraging students to take their understanding to a deeper level.

  • Contains a wide selection of cases and materials to illustrate the substantive law in practical contemporary and historical situations
  • Places the law of contract within its legal and commercial context, to allow students to understand how the law relates to the world in which it operates
  • Contains stimulating questions that highlight the difficulties in the law, to encourage students to take their understanding and analysis of contract law to a deeper level

New to this edition

  • Now with an Online Resource Centre featuring annual updates and web links, to ensure readers can continue to benefit from the text while keeping up to date with developments in the law

About the Author(s)

H G Beale, Honorary Bencher of Lincoln's Inn; Professor of Law, University of Warwick, W D Bishop, Chairman, Lexecon (Consultant Economists), and M P Furmston, Bencher of Gray's Inn; Emeritus Professor and Senior Research Fellow, University of Bristol, Dean of Law and Professor of Law, Singapore Management University

Table of Contents

    1. Introduction
    1: Contracts and contract law
    2: Contract, tort and restitution
    3: The functions of contract law
    4: Economic analysis of contract law
    5: Empirical work
    2. Enforceable Types of Promise
    6: Consideration
    7: Intention to create legal relations
    3. Has An Agreement Been Reached?
    8: Offer and acceptance
    9: Uncertainty and incompleteness
    10: Communication mistakes
    4. Obligations
    11: Express terms in oral agreements
    12: Contents of written contracts
    13: Inaccurate information and misrepresentation
    14: Gapfilling by interpretation
    15: Implied terms
    16: Discharge by frustration
    17: Expectation mistakes
    18: Discharge by construction
    19: Duties of disclosure
    5. Remedies
    20: Some preliminary questions
    21: Withholding performance and termination for default
    22: Damages
    23: Literal enforcement
    24: Restitutionary remedies
    6. Contract Theory
    25: Why are promises binding?
    26: Economic analysis of contract law
    27: The impact of the empirical studies
    28: Critical approaches to contract
    29: Developing the relational contract notion
    30: Fairness and distributive justice
    31: Transformation thesis
    7. Changing the Bargain
    32: Rescission, variation, waiver and promissory estoppel
    33: Adjustments in longer-term contracts
    8. Policing the Bargain
    34: Duress
    35: Undue pressure and undue influence
    36: Unconscionable bargains
    37: A general principle?
    38: Standard form contracts
    39: Exclusion clauses
    40: Unfair terms in consumer contracts
    41: Regulated contracts
    9. Illegality
    42: Contracts contrary to public policy
    43: Contracts involving the commission of a crime or a tort
    44: Contracts in restraint of trade
    10. Intermediaries, Third Parties and Assignment
    45: Agency
    46: Privity and the benefit of a contract between others
    47: Subsequent assignment of the benefit of a contract
    48: Privity and burdens
    49: Assignment and the burden of a contract

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