Efnisyfirlit

• Cover Page
• Half Title Page
• Title Page
• Copyright Page
• Contents
• Table of Statutes
• Table of Cases
• Preface to the fourth edition
• 1 Principles of the law of contract
• Why do we need a law of contract?
• Are all promises enforced by law?
• The form of a contract
• The basis of contract law
• Part 1: The formation of a contract
• 2 Offer and acceptance
• Offer
• Offers and ‘non-offers’
• Termination of an offer
• Acceptance
• Refusal
• Counter-offer
• Battle of forms
• Request for further information
• Lapse of time
• Death
• Revocation
• Failure of a precondition
• Acceptance
• Communication of acceptance
• Prescribed acceptance
• No prescribed acceptance
• Waiver of communication of acceptance
• Silence
• Ignorance of an offer (the ‘reward’ cases)
• Acceptance via the post
• Other methods of communicating acceptance
• When is acceptance ‘received’?
• Recall of acceptance
• Certainty in a contract
• Auction sales
• Auctions (and individual items) advertised ‘without reserve’
• Tenders
• Single offer tenders
• Standing offer tenders
• Contracts for the sale of land
• Some non-standard situations
• Multi-partite contracts
• Dealing with a machine
• Promotional campaigns and collateral contracts
• Distance trading – contracts made when the parties are not face to face
• Electronic trading
• Summary
• Offer
• Termination of an offer
• Acceptance
• Certainty in a contract
• Auction sales
• Tenders
• The sale of land
• Non-standard situations
• Distance trading and electronic trading
• Questions
• 3 Consideration
• Executed and executory consideration
• Consideration must be sufficient but need not be adequate
• Consideration must not be vague
• Consideration must move from the promisee
• Past consideration
• Forbearance to sue
• Performance of an existing duty
• Performance of an existing duty owed under the general law of the land
• Performance of an existing contractual duty
• Performance of an existing contractual duty owed to a third party
• Part-payment of a debt
• Promissory estoppel
• The current state of the doctrine
• Summary
• Definition
• Sufficiency and adequacy
• Other ‘rules’ of consideration
• Performance of an existing duty
• Part-payment of a debt
• Questions
• 4 Legal intent
• Social and domestic arrangements
• Commercial agreements
• Honourable pledge causes
• Summary
• Social and domestic arrangements
• Commercial agreements
• Questions
• 5 Capacity
• Corporations
• Mental disability and intoxication
• Diplomats and sovereigns
• Minors
• Necessaries
• Beneficial contracts of service
• Voidable contracts
• The Minors’ Contracts Act 1987
• General concerns
• Summary
• Minors
• Questions
• Part 2: The contents of a contract
• 6 Incorporation of terms
• Terms and representations
• A representor with special knowledge
• Special importance placed on the issue by the representee
• Distance of time between statement and contract
• Strength of inducement
• Incorporating terms into oral contracts
• The degree of notice
• Previous dealings
• The time at which notice of a term is given
• Written contracts
• The rule in L’Estrange v Graucob
• The parol evidence rule
• Implied terms
• Custom
• Statute
• Terms implied by the courts
• Business efficacy and the intentions of the parties
• Collateral contracts
• Summary
• Distinguish between terms and representations
• Incorporation of terms into an oral contract
• Written contracts
• Collateral contracts
• Questions
• 7 Types of terms within a contract
• Conditions and warranties
• The effect of a breach
• Condition or warranty?
• Terms specified by the parties
• Reference to statute
• Consideration of the terms by the courts
• ‘Course of dealing’
• Innominate terms – the Hong Kong Fir approach
• The debate continues
• Summary
• The main types of terms
• Approaches taken by the courts in distinguishing between types of terms
• Innominate terms
• Questions
• 8 Exemption clauses
• Incorporation
• Construction
• The main purpose rule
• The contra proferentem rule
• Other common law principles
• Legislation
• The Unfair Contract Terms Act 1977
• Reasonableness
• The Unfair Terms in Consumer Contract Regulations 1999
• The consumer
• Unfairness in the Regulations
• The current position
• Further reform
• Conclusion
• Summary
• Incorporation
• Construction
• Legislation
• Questions
• 9 Privity of contract
• The rule of privity
• Established exceptions to the doctrine of privity of contract
• Statutory exceptions
• Agency
• Collateral contracts
• Covenants which run with the land
• Attempts to avoid privity of contract (other than the established exceptions)
• Attempting to apply land law to chattels (goods other than land)
• Implying a trust
• The Law of Property Act 1925 s.56
• The law of tort
• The Contracts (Rights of Third Parties) Act 1999
• Summary
• Established exceptions
• Attempts to avoid privity of contract
• The Contracts (Rights of Third Parties) Act 1999
• Questions
• Part 3: Vitiating factors
• 10 Duress and undue influence
• Duress
• Threats to property
• Undue influence
• Where there is no special relationship
• Where there is a fiduciary relationship
• Rebutting the presumption
• The effect of a finding of undue influence
• The banking cases
• Inequality of bargaining power
• Summary
• Duress
• Undue influence
• Questions
• 11 Misrepresentation
• Representations and terms
• Definition
• An untrue statement of fact
• Mere commendation
• Statement of opinion
• Statements of future intentions
• Statements of law
• Silence and misrepresentation
• Misrepresentation passed on via a third party
• Inducement
• Remedies
• Fraudulent misrepresentation
• Non-fraudulent misrepresentation
• The Misrepresentation Act 1967
• Indemnity
• Rescission
• Bars to rescission
• 1 Statutory bar
• 2 Lapse of time
• 3 Affirmation
• 4 Restitution impossible
• 5 Supervening third-party rights
• Comparison with remedies for breach of contract
• Summary
• Definition
• What will form a misrepresentation?
• Types of misrepresentation
• Remedies
• Questions
• 12 Mistake
• Common mistake
• Where the subject matter is non-existent
• Mistake over title
• Mistake over quality of subject matter
• Mutual mistake
• Unilateral mistake
• Mistake over quality of subject matter
• Mistake as to identity
• Mistake over the law
• Mistake relating to documents
• Non est factum
• Rectification
• The doctrine of mistake in general
• Summary
• Definition
• Common mistake
• Mutual mistake
• Unilateral mistake
• Mistake over documents
• The relationship between mistake and frustration
• Questions
• 13 Illegality
• The nature of illegality
• Restraint of trade
• Protection of trade secrets
• Protection of a range of clientele
• The need to serve the public
• Inducement
• Exclusive dealing arrangements
• The effect of a clause in restraint of trade
• The effect of European law
• Summary
• Illegal when formed or performed
• Cause of illegality
• Illegal or void
• Restraint of trade
• Questions
• Part 4: Discharge and remedies
• 14 Discharge of a contract
• Performance
• Substantial performance
• Partial performance
• Time of performance
• Vicarious performance
• Agreement
• Breach
• Frustration
• Impossibility
• Illegality
• Radical change in circumstances
• Limits to frustration
• Legal effects of frustration
• Summary
• Performance
• Agreement
• Breach
• Frustration
• Questions
• 15 Remedies
• Damages
• Basis of assessment
• Contributory negligence
• Mental distress and non-pecuniary loss
• Remoteness of damage
• Mitigation
• Other remedies
• Stop Now Orders
• Summary
• Basis of assessment
• Mental distress and non-pecuniary loss
• Remoteness of damage
• Mitigation
• Other remedies
• Questions
• Part 5: Consumer protection
• 16 Consumer protection
• The contract
• The consumer
• The Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994
• The passing of property
• Risk
• Terms implied by sections 12 to 15
• Exclusion
• Acceptance of goods
• The Supply of Goods and Services Act 1982
• The Consumer Protection Act 1987
• The producer
• The defect
• Defences
• The Unfair Contract Terms Act 1977
• The Unfair Terms in Consumer Contract Regulations 1999
• Consumer protection other than through the law of contract
• Negligence
• Criminal liability
• The current state of consumer protection
• Summary
• The contract
• Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994
• The Supply of Goods and Services Act 1982
• The Consumer Protection Act 1987
• Exemption clauses
• The Unfair Contract Terms Act 1977
• The UnfairTerms in Consumer Contract Regulations 1999
• Consumer protection other than through the law of contract
• Questions
• Part 6: General questions on contract law
• 17 Additional questions
• Part 7: Studying contract law
• 18 Contract law in context
• Fairness in contract law
• Law and morals
• Policy issues
• Contextual skills in examination
• Module 6: concepts of law, for AQA
• 19 Sources of contract law
• Case law
• Statute Law
• European law
• Special study: synoptic assessment based on legal sources
• Source 1
• Source 2
• Source 3
• Source 4
• Source 5
• Source 6
• Source 7
• Source 8
• Source 9
• Source 10
• Source 11
• A strategy for using the material
• The list of extracts
• Initial thoughts
• Read and make notes
• The questions which you may be asked
• A reminder
• 20 Key skills
• Key skills to be assessed
• Communication
• Information technology
• Working with others
• Problem solving
• Improve own learning performance
• Answers guide
• Legal terms and expressions
• Legal resources
• Index