JC Smith's The Law of Contract

Description

JC Smith's The Law of Contract provides a superb overview of all the key areas of contract law making this book ideal for use on all undergraduate courses. A focus on key cases acts a springboard into analysis and critical discussion enabling students to really understand the fundamentals of the subject.

• Key points begin each chapter and outline the main concepts and ideas covered. These provide a helpful signpost to what students can expect to learn, and a list of topics to aid revision
• Judicial rationale behind key cases is clearly explained, helping students understand how the law develops
• The uniquely clear structure with many short chapters, each broken down under numerous headings, makes it easy for students to understand and follow
• Over 30 audio recordings and videos from the author provide overviews of key cases and topics
• Each chapter ends with either an essay or problem-based question designed to help students practise exam/essay technique. The author has also written guidance on how to answer these questions and a number of essay attempts from real students have been 'marked' by the author to give students further insights into what markers are looking for
• Topics within the book are accompanied by interactive self-test questions, which provide instant feedback on answers, as well as section references to help students focus on the areas that need further study
• Selected recommendations for further reading are included to provide a foundation for independent research
• Also available as an e-book enhanced with self-assessment activities and multi-media content to offer a fully immersive experience and extra learning support

New to this edition

• Expanded analysis of the Contracts (Rights of Third Parties) 1999 Act
• New coverage of the Corporate Insolvency and Governance Act 2020, and recent academic commentary
• Key new cases for this edition include:
• Wells v Devani [2019] (on formation of contracts, certainty, interpretation and implied terms)
• Simantob v Shavleyan [2019] (on consideration)
• Chudley v Clydesdale Bank Plc [2019] (on the Contracts (Rights of Third Parties) Act 1999)
• FSHC Group Holdings Ltd v Glas Trust Corporation Ltd [2019] (on rectification)
• Bates v Post Office Ltd (No 3: Common Issues) [2019] (on control of contractual discretions and good faith)
• Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] (on frustration)
• Classic Maritime Inc v Limbungan Makmur Sdn Bhd [2019] (on frustration and damages)

About the Author(s)

Paul S. Davies, Professor of Commercial Law, University College London (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. His book Accessory Liability (Hart Studies in Private Law: Hart Publishing, 2015) won the Inner Temple Book Prize in 2018, and in 2015 was awarded a Peter Birks Prize for Outstanding Legal Scholarship awarded by the Society of Legal Scholars. Paul is also a Barrister of Lincoln's Inn and a Member of Essex Court Chambers.

Table of Contents

1:Introduction and fundamental themes
2:Objectivity in contract law
3:Offer and Acceptance: bilateral contracts
4:Offer and Acceptance: 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: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
Glossary

Reviews

"A popular and well-liked textbook. Very fluent and well written, with clear explanations and attention to academic debate within contract law. Always highlights grey areas of the law which are ripe for reform/challenge." - Ruby Hammer, Senior Lecturer, University of Manchester

"The book is clear and accessible, with consistent structure throughout and good use of key points at the start of each chapter to guide student learning." - Aislinn O'Connell, Lecturer in Law, Royal Holloway University

"The writing style is great and easily readable. It doesn't overcomplicate the content of contract law and it doesn't oversimplify it, giving it the perfect balance." - student, Oxford Brookes University

"An excellent staple text for undergraduate students. It is sufficiently detailed and deals with all key issues in contract law. The commentary surrounding more controversial areas of law is great. The introductory chapter is brilliant. It excellently discusses key concepts of contract law and places it all in context to set up the rest of book." - Michael Lane, Visiting Lecturer; Birmingham City University

"A comprehensive and accessible text which deals with the fundamental key principles." - Stephen Bunbury, Senior Lecturer, University of Westminster

Additional Resources

The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.
- The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive audio recordings and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
- These study tools that enhance the ebook, along with guidance on answering essay questions, links to key case judgments, and example essays from real students with annotation from the author, are all also available as stand-alone online resources for use alongside the print book.