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Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

4. Certainty  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the certainty requirement in contractual formation and discusses the factors that influence the courts in deciding whether an agreement possesses the requisite degree of certainty, in the context of issues such as agreements to agree, agreements to negotiate in good faith, and agreements to use reasonable or best endeavours to negotiate or agree.

Book

Cover JC Smith's The Law of Contract
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.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

2. Some Factors Affecting Modern Contract Law  

M P Furmston

This chapter discusses factors affecting contract law which will be met in the rest of this book. It can usefully be read both at the beginning and the end of the book. These include continental influence in the nineteenth century; the influence of economic theory; inequality of bargaining power; the use of standard form contracts; consumer protection; the relationship between standard form contracts, inequality of bargaining power, and consumer protection; contractual behaviour; the interrelationship of contract and tort; good faith in contract law; the globalization of contract law; and the Human Rights Act 1998.

Chapter

Cover Commercial Law

Additional Chapter: The UN Convention on the International Sale of Goods  

This chapter is intended to introduce the reader to the UN Convention on the International Sale of Goods otherwise known as the ‘Vienna’ Convention or the ‘Convention of the International Sale of Goods (CISG). This chapter is intended to introduce the reader to the UN Convention on the International Sale of Goods otherwise known as the ‘Vienna’ Convention or the ‘Convention on the International Sale of Goods (CISG). The chapter begins with a discussion of the scope and application of the convention along with the difficulties with its interpretation and the problem of ensuring consistency across all jurisdictions. It then deals with the substantive provisions of the convention covering offer and acceptance, resolving the battle of the forms and variation of contract. It then details the rights, duties and remedies of the parties especially where these differ from English law, for example in relation to the seller’s right to cure, and the right to reduce the price in the event of breach and particularly the limitations on the right of either party to terminate the contract. It ends with a table comparing in summary form. the provisions of the CISG with the position in English law,

Chapter

Cover Poole's Textbook on Contract Law

1. Introduction to the law of contract  

Robert Merkin, Séverine Saintier, and Jill Poole

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. Contracts are legally enforceable agreements intended for planned exchanges that are regulated by the principles of contract law. This chapter looks at some of the main theories underpinning the development of English contract law and examines the nature of contractual liability. Contractual obligations arise largely from party agreement and this distinguishes contractual liability from liability in tort. Given the continued relevance of English law in a globalized world (in spite of the UK exiting the European Union), this chapter also briefly introduces the various attempts to produce a set of harmonized principles such as the Common European Sales Law, along with the impact of other international developments including the growth in e-commerce and electronic communications. Moreover, the chapter analyses the most significant European directives and their effect on the development of English contract law, especially in the context of consumer contracts. The implementation of these European directives has resulted in the introduction of the concept of ‘good faith’ into English contract law. Given the increasing importance of good faith as a concept, especially when in the context of ‘a relational contract’, the chapter gives detailed discussion on the scope of and application of good faith in performance of the contract. Finally, the chapter considers the implementation of the Consumer Rights Directive in a number of statutory instruments and the Consumer Rights Act 2015.

Chapter

Cover Poole's Textbook on Contract Law

1. Introduction to the law of contract  

Robert Merkin KC, Séverine Saintier, and Jill Poole

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas of the law curriculum. Contracts are legally enforceable agreements intended for planned exchanges that are regulated by the principles of contract law. This chapter looks at some of the main theories underpinning the development of English contract law and examines the nature of contractual liability. Contractual obligations arise largely from party agreement, and this distinguishes contractual liability from liability in tort. Given the continued relevance of English law in a globalized world (in spite of the UK exiting the European Union), this chapter also briefly introduces the various attempts to produce a set of harmonized principles such as the Common European Sales Law, along with the impact of other international developments including the growth in e-commerce and electronic communications. Moreover, the chapter analyses the most significant European directives and their effect on the development of English contract law, especially in the context of consumer contracts. The implementation of these European directives has resulted in the introduction of the concept of ‘good faith’ into English contract law. Given the increasing importance of good faith as a concept, especially in the context of ‘a relational contract’, the chapter gives detailed discussion on the scope of and application of good faith in performance of the contract. Finally, the chapter considers the implementation of the Consumer Rights Directive in a number of statutory instruments and the Consumer Rights Act 2015.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

7. Terms of the contract I  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines issues related to the terms of the contract. It explains the distinction between terms and mere representations, and analyses the difference between signed and unsigned contracts in relation to the incorporation of express terms, including the L’Estrange v Graucob case. This chapter also considers the parol evidence rule and the modern contextual approach to contractual interpretation. Finally it considers implied terms, which can be implied by statute or by the courts, including the difference between implied terms in fact and at law, and introduces the developing concept of a relational contract.

Chapter

Cover Partnership and LLP Law

5. Partners and Each Other  

This chapter concerns the relationship between partners and the interface between the contractual and fiduciary duties implicit in such a relationship, including the internal management of the firm. It examines the impact of equity on contractual agreements, including the doctrine of forfeiture. The nebulous overriding duty of good faith is followed by the statutory duties of honesty, no conflict/no profit and no competition. The implied terms in relation to management (including access to partnership information) and control, financial affairs (detailing capital, capital profits and income profits) and the limits on change of partners are followed by a detailed consideration of the validity and exercise of expulsion clauses. Finally, the chapter details the limited effects of both voluntary and involuntary assignments of a partner's share.