JC Smith's The Law of Contract (3rd edn)
Published in Print: 25 March 2021 Published Online:September 2021
ISBN: 9780198853503
Publisher:Oxford University Press
Abstract
Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.
Keywords:
contract law, contractual rights, legal relations, third parties, unfair terms, good faith, breach of contract, damagesSubjects:
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Contents
- Front Matter
- 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
- End Matter
© Oxford University Press 2021
