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JC Smith's The Law of Contract

Second Edition

Paul S. Davies

April 2018

ISBN: 9780198807810

520 pages
Paperback
246x171mm

In Stock

Price: £31.99

Achieves the perfect balance between accessibility and authority; contract law illuminated by an exposition of the leading cases.

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Description

JC Smith's The Law of Contract is a classic text revised with the needs of modern students in mind. With a strong focus on helping students understand and apply case law, the book guides the reader through the intricacies of contract law in an accessible way.

  • Presents contract law in an accessible manner through clear explanations and a succinct writing style, helping students to quickly grasp key principles
  • Covers the ideal number of cases and identifies the key decisions, to support students in preparing assignments and focus their revision
  • Judicial rationale behind key cases is clearly explained, which allows students to engage with current academic debates
  • The accompanying online resources support student learning with guidance on answering the questions in the text, links to key cases, multiple choice questions, and example essays from real students with annotations from the author.

New to this edition

  • The chapter on undue influence has been rewritten and is now covered in greater depth
  • A new chapter on a developing area of contract law: the principle of good faith
  • Coverage of illegality and restraint of trade has been updated to include Patel v Mirza

About the Author(s)

Paul S. Davies, Professor of Commercial Law, UCL

Paul S. Davies is Professor of Commercial Law at UCL, teaching at both undergraduate and postgraduate level. Paul was previously an Associate Professor in Law at the University of Oxford, and Fellow and Tutor in Law at St Catherine's College, Oxford. In 2015 Paul won a Peter Birks Prize for Outstanding Legal Scholarship awarded by the Society of Legal Scholars for his book Accessory Liability (Hart Studies in Private Law: Hart Publishing, 2015). Paul is also a Barrister of Lincoln's Inn and an Associate Member of Maitland Chambers.

Table of Contents

    1: Introduction and fundamental themes
    2: Objectivity in contract law
    3: Formation of bilateral contracts
    4: Formation of unilateral contracts
    5: Contract as an agreement
    6: Identity of offeror and offeree
    7: Consideration and promissory estoppel
    8: Intention to create legal relations
    9: Contracts requiring writing
    10: Third parties
    11: Identifying the terms of a contract
    12: Interpretation
    13: Implication
    14: Rectification
    15: The control of exclusion clauses and unfair terms
    16: Misrepresentation
    17: Duress
    18: Undue influence
    19: Unconscionable bargains and inequality of bargaining power
    20: Good faith
    21: Capacity
    22: Illegality and restraint of trade
    23: Common mistake: contracts void for failure of a basic contractual assumption
    24: Frustration: contracts discharged for failure of a basic contractual assumption
    25: Conditions, warranties, and innominate terms
    26: Anticipatory breach of contract
    27: Compensatory damages
    28: Agreed remedies
    29: Remedies beyond compensatory damages

Additional Resources

The extensive online resources provide students with: guidance on answering the questions in the text, links to key cases covered, multiple choice questions, and example essays from real student attempts annotated by the author. Lecturers are provided with a testbank of MCQs.

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