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• Preface
• Contents
• List of Abbreviations
• Table of Cases
• Table of Legislation
• PART I: AN INTRODUCTION TO THE COMMON LAW
• 1. The ‘Common Law’
• I. The ‘Common Law’ of England
• II. Common Law Systems Around the World
• 2. Finding the Law
• I. The Sources of Law
• II. The Judge as Interpreter and as Law-Maker
• III. English Statutory Drafting
• PART II: THE LAW OF CONTRACT
• 3. Introduction to the English Law of Contract
• I. The Place of Contract in Private Law
• II. A General Law of Contract: The Place of ‘Special’ Contracts
• III. Some General Features and Some Fundamental Starting-Points
• 4. The Negotiations for a Contract
• I. The Starting-Point: No General Duty between Negotiating Parties
• II. Particular Liabilities Arising During the Negotiations
• 5. Formation of the Contract: Contract as ‘Agreement’
• I. The Meaning of ‘Agreement’: The ‘Objective Test’
• II. The Mechanisms of Contract Formation: The Rules of Offer and Acceptance
• III. Minimum Content and Certainty
• 6. Form, Consideration and Intention
• I. Formality in the Formation of Contracts
• II. The Doctrine of Consideration
• III. Promissory Estoppel
• IV. Contractual Intention
• 7. Vitiating Factors: Void, Voidable and Unenforceable Contracts
• I. The Vitiating Factors in English Law; Void and Voidable Contracts
• II. Mistake
• III. Misrepresentation and Non-disclosure
• IV. Duress, Undue Influence and Unconscionable Bargains
• V. Capacity
• VI. Illegality and Public Policy
• 8. Finding the Terms of the Contract
• I. The ‘Terms’ of a Contract
• II. Finding and Interpreting the Express Terms
• III. Implied Terms
• 9. Controlling the Content of the Contract: ‘Unfair’ Contracts
• I. Indirect Controls Over the ‘Fairness’ of the Contract
• II. Direct Controls Over the ‘Fairness’ of the Contract
• 10. Who has the Benefit of the Contract? Who is Bound by the Contract?
• I. Who is a ‘Party’ to the Contract? The Doctrine of Privity of Contract
• II. Avoiding the Doctrine of Privity
• III. Reform by the Contracts (Rights of Third Parties) Act 1999
• IV. Assignment and Novation of Contractual Rights and Duties
• 11. Change of Circumstances
• I. The Doctrine of Frustration
• II. Using Contract Terms to Anticipate Changes of Circumstances
• 12. Remedies for Breach of Contract
• I. ‘Breach of Contract’
• II. Specific Performance and Injunction
• III. Termination for Breach
• IV. Damages
• V. Debt
• VI. Consumer Contracts for the Supply of Goods, Digital Content or Services: Rejection, Repair, Repl
• VII. Agreed Remedies
• VIII. Learning About a Contract from the Remedies for Breach
• Appendix: Contracts (Rights of Third Parties) Act 1999
• Index