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Chapter

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

8. Mistake  

M P Furmston

This chapter considers the circumstances in which a mistake by one or both parties may affect the validity of the contract, and discusses the two categories of case: (i) where agreement has been reached, but upon the basis of a common mistake; and (ii) where an apparent agreement is alleged to be vitiated by mutual or unilateral mistake. It also considers cases of documents mistakenly signed, that is, where a person is induced by the false statement of another to sign a written document containing a contract which is fundamentally different in character from that which he contemplated.

Chapter

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

9. Misrepresentation, Duress, and Undue Influence  

M P Furmston

This chapter discusses three reasons why a contract may be invalid. These are that it was procured by misrepresentation (basically one party misleading the other), by duress (threats by one party to the other), or by undue influence (one party improperly taking advantage of the other).

Chapter

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

3. The Phenomena of Agreement  

M P Furmston

This chapter and the next two chapters set out the way in which a legally binding contract is made. This chapter explains the formation of the contract and sets out the rules that determine whether what has happened should legally be regarded as an agreement. The discussions cover offer and acceptance; termination of offer; constructing a contract; inchoate contracts; and long-term relationships.

Chapter

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

10. Contracts Rendered Void by Statute  

M P Furmston

This chapter discusses two types of contracts rendered void by statute: wagering contracts and agreements prohibited by competition law (EU competition rules and UK competition rules).

Chapter

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

14. Privity of Contract  

M P Furmston

This chapter discusses the doctrine of privity of contract. It covers exceptions to doctrine, the Contracts (Rights of Third Parties) Act 1999; and attempts to impose liability upon nonparties to the contract.

Chapter

Cover Contract Law

12. Breach of contract and termination  

This chapter examines breach of contract and the remedy of termination. It discusses: (1) what constitutes breach of contract; (2) the types of breach that will entitle a claimant to elect whether to end (terminate) the contract and sue for damages; namely, conditions and innominate terms the breach of which deprive the claimant of substantially the whole benefit expected under the contract; (3) how terms are classified into conditions, warranties, and innominate terms; (4) the nature and effect of terminating a contract; (5) when the claimant can insist on continuing with performance (affirmation) when the defendant does not want to perform the contract; and (4) the additional special remedies available to consumers in certain cases.

Chapter

Cover JC Smith's The Law of Contract

1. Introduction and fundamental themes  

This introductory chapter provides a brief overview of the fundamental elements of what constitutes a contract. It discusses undertakings or promises, deeds, written and oral promises, bargains, and bilateral and unilateral contracts. It concludes by examining some general themes in contract law to which reference will be made throughout the present title. These include freedom of contract, will theory, economic efficiency, objectivity in contract law, common law and equity, contract law within private law, and international influences on contract law. The outline provided in this chapter is necessarily brief; although some of the themes may seem a little difficult in the abstract, students approaching this subject for the first time should not be troubled. The concepts will become familiar and more easily understood through concrete examples provided in later chapters.

Chapter

Cover JC Smith's The Law of Contract

4. Offer and acceptance: unilateral contracts  

This chapter analyses the formation of unilateral contracts. A unilateral contract arises where O promises A something if A does a particular act which is not the making of a promise to O. A unilateral contract only imposes obligations on O. A is not obliged to do anything. A unilateral offer can be accepted by A regardless of A’s motive for doing the required act. However, A must know of the offer in order for a contract to be formed. O may not be able to revoke the offer if A has embarked upon performance. This will depend upon whether or not O has made an implied promise not to revoke the offer.

Chapter

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

11. Contracts Illegal by Statute or at Common Law  

M P Furmston

This chapter focuses on contracts prohibited by statute or contracts deemed illegal at common law on grounds of public policy, and discusses the consequences of illegality and proof of illegality.

Chapter

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

15. Privity of Contract Under the Law of Agency  

M P Furmston

This chapter discusses the law on contracting through agents. It covers the place of agency in English law; the formation of agency; the position of principal and agent with regard to third parties; unauthorized acts of the agent; and termination of agency.

Chapter

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

18. Performance and Breach  

M P Furmston

This chapter discusses the law on performance and breach of contact. It covers the order of performance; excuses for non-performance; whether a party who does not perform perfectly can claim payment or performance from the other party; whether an innocent party who has paid in advance can recover his payment in the event of a failure of perfect performance; whether the innocent party can terminate the contract; the effect of a repudiation or a fundamental breach; the effect of discharging the contract for a bad reason, when a good reason also exists; contractual provisions for termination; stipulations as to time; and tender of performance.

Chapter

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

7. Unenforceable Contracts  

M P Furmston

This chapter and the next five chapters deal with cases where what looks like a contract turns out to be in someway defective. The ‘unenforceable contract’ resulted from procedural rather than substantive law. The origin of this position can be found in the passage, as long ago as 1677, of the Statute of Frauds. This chapter, which examines the history of this statute and its surviving effects in the modern law, discusses the Law of Property (Miscellaneous Provisions) Act 1989; other rules about form; and the law on writing, signature, and electronic commerce.

Chapter

Cover Complete Contract Law

1. Introduction to the Study of Contract Law  

This introductory chapter provides an overview of contract law and its application. A contract is an agreement made with intention that it will be legally enforceable. Contract law concerns issues regarding the formation of contracts; the sources, interpretation, and regulation of terms; when a breach takes place and the resulting consequences; and ways to escape a contract through vitiating factors, mistake, or frustration. The parties’ intentions are determined using an objective approach based on the standard of the reasonable person. A lot of contract law can be understood as default rules to apply when the parties have not been clear enough about their intentions. The law of contract also concerns foundational principles and mainly consists of common law rules. Many cases still give effect to the values of the classical model, which is based on the freedom and sanctity of contract, and a view that contracting parties are self-interested. The most significant recent development away from the classical model is the recognition of relational contracts and an implied obligation to act in good faith.

Chapter

Cover Sealy & Worthington's Text, Cases, and Materials in Company Law

10. Shares  

This chapter discusses the duties and liabilities of the company’s auditors. These duties derive from contract, tort and statute.

Chapter

Cover Anson's Law of Contract

3. Form  

Jack Beatson, Andrew Burrows, and John Cartwright

English law recognizes only two kinds of contract: the contract made by deed, and the simple contract. A contract made by deed derives its validity solely from the form in which it is expressed. A simple contract as a general rule need not be made in any special form, but requires the presence of consideration, which broadly means that something must be given in exchange for a promise. This chapter examines contracts by deed and (simple) contracts for which writing is required.

Chapter

Cover Contract Law

1. Introduction  

This introductory chapter begins by setting out the book’s three principal aims: to provide an exposition of the rules that make up the law of contract, to explore the law of contract in its transactional context, and to explore English contract law from a transnational and comparative perspective. The discussions then turn to the scope of the law of contracts; the growth in the use of standard form contracts and the increasing complexity of the form and the content of modern contracts; transnational contract law; and conflicting policies that underpin the law of contract.

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

1. Introduction to the study of contract law  

This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU and Brexit.

Chapter

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

12. Contracts Void at Common Law on Grounds of Public Policy  

M P Furmston

This chapter examines the three types of contract that are treated by the courts as void: contracts to oust the jurisdiction of the courts; contracts prejudicial to the status of marriage; and contracts in restraint of trade. The legal consequences of such contracts are also discussed.

Chapter

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

20. Discharge Under the Doctrine of Frustration  

M P Furmston

This chapter begins with a discussion of the nature and rationale of the doctrine of frustration. It then explains the operation of the doctrine, covering the effect when parties expressly provide for the frustrating event; how a party cannot rely upon self-induced frustration; and the controversy as to whether the doctrine of frustration applies to a lease. The chapter then turns to the effect of the doctrine, covering the Law Reform (Frustrated Contracts) Act 1943 and contracts excluded from the Act.

Chapter

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

21. Remedies for Breach of Contract  

M P Furmston

This chapter discusses remedies for breach of contract. It covers damages (remoteness of damage and measure of damages; mitigation; contributory negligence; liquidated damages and penalties; and deposits, part payments, and forfeitures), specific performance (specific performance a discretionary remedy; the principle of mutuality; and the remedy of injunction), and extinction of remedies (the statutory time limits; effect of defendant’s fraud; extension of time in case of disability; effect of acknowledgement or part payment; and effect of lapse of time on equitable claims).