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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 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 JC Smith's The Law of Contract

7. Consideration and promissory estoppel  

This chapter analyses the issue of consideration in contract law. Contracts are generally binding only if supported by consideration. Consideration can be viewed as ‘the price tag on the promise’: a party must provide something in exchange for the promise in order to be able to enforce that promise. That ‘something’ is called ‘consideration’, and might itself be a promise. The requirement of consideration is demanded by the common law. But, in some situations, equity will allow a promisee to enforce a promise, despite a lack of consideration, through the doctrine of promissory estoppel. Where the promisor makes a clear promise, intended to be binding, intended to be acted upon, and in fact acted upon, the courts will not allow the promisor to act inconsistently with that promise if to do so would be unconscionable.

Chapter

Cover JC Smith's The Law of Contract

3. Offer and acceptance: bilateral contracts  

This chapter analyses the key elements traditionally required for the formation of a bilateral contract. Contracts are bargains. The natural way to make a bargain is for one side to propose the terms and the other to agree to them. So contracts are almost invariably made by a process of offer and acceptance. However, the lack of offer and acceptance does not necessarily preclude the existence of a contract, if a bargain can be discerned from the facts in some other way. The chapter begins by explaining what constitutes an offer, and discusses various common scenarios. It then examines the requirements of acceptance, since this is what is required for a contract to be concluded. It considers the possibilities that an offer might be revoked by the offeror; or rejected by the offeree; or the offeree might ask for further information; or the offer might lapse.

Chapter

Cover JC Smith's The Law of Contract

6. Identity of offeror and offeree  

This chapter considers situations where one party (A) makes an offer to another party (B) but a third party (C) purports to accept the offer made by A. If A makes an offer to B and B alone, that offer cannot be accepted by C. Whether an offer is restricted to B alone is a question of interpretation. If A makes a mistake as to the other party’s identity, no contract will be formed (or, as it is sometimes said, the contract will be void). If A makes a mistake as to the other party’s attributes (such as their creditworthiness) then a contract will be formed. However, that contract may be voidable as a result of a misrepresentation. Whether a contract is void or voidable is particularly important where third parties have acquired rights in the subject matter of a contract.

Chapter

Cover JC Smith's The Law of Contract

9. Contracts requiring writing  

This chapter examines two contract types: (a) particular categories of contract which must be in writing as a result of legislation; (b) certain types of contract which are not enforceable unless evidenced in writing. Section 4 of the Statute of Frauds 1677 provides that contracts of guarantee are unenforceable if not evidenced in writing. This situation typically arises where A is, or may become, under a liability (in contract or in tort) to B. C then promises B (for consideration) that, if A does not discharge their liability, C will do so. C’s promise to B is not enforceable unless evidenced in writing. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 provides that contracts for the sale, or other disposition, of an interest in land must be made in writing. If such a ‘contract’ is not made in writing then it is void (and not merely unenforceable).

Chapter

Cover Essential Cases: Contract Law

Chappell & Co. Ltd v Nestlé Co. Ltd [1960] AC 87  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Chappell & Co. Ltd v Nestlé Co. Ltd [1960] AC 87. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law

Hyde v Wrench (1840) 49 ER 132  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hyde v Wrench [1840] EWHC Ch J90; (1840) 49 ER 132; (1840) 3 Beav 334. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Chappell & Co. Ltd v Nestlé Co. Ltd [1960] AC 87  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Chappell & Co. Ltd v Nestlé Co. Ltd [1960] AC 87. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Hyde v Wrench (1840) 49 ER 132  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hyde v Wrench [1840] EWHC Ch J90; (1840) 49 ER 132; (1840) 3 Beav 334. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover JC Smith's The Law of Contract

8. Intention to create legal relations  

This chapter discusses the intention to create legal relations in the formation of a contract in domestic or social and commercial transactions. In a domestic or social context, there is a presumption that the parties do not intend to create legal relations. In a commercial context, however, the reverse applies and it is presumed that the parties do intend to create legal relations. No matter which presumption initially applies, that presumption may be rebutted by evidence to the contrary. The chapter concludes that it will not always be easy to decide whether an arrangement is more ‘social’ than ‘commercial’ due to the lack of unanimity in cases such as Esso Petroleum Ltd v Commissioners of Customs and Excise. Courts continue to be split on whether or not an intention to create legal relations is present in particular disputes.

Book

Cover Contract Law

Mindy Chen-Wishart

Contract Law offers a new approach, utilising diagrams and commentary boxes to complement the text. The book explains the intricacies of contract law by reference to the questions that arise during the life of a contract. Part I of the book introduces contract law. Part II looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties who may benefit or be burdened by the contract. Part IV considers the reasons for allowing a party to escape the contract, namely the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V looks at how to determine the contents of contracts: express, implied, and collateral terms, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the availability of the remedies of termination, damages, and specific and agreed remedies. Part VII examines whether obligations of good faith should be recognised in current contract law and how that might affect the way we understand contract law.

Chapter

Cover Essential Cases: Contract Law

Balfour v Balfour [1919] 2 KB 571 including commentary on Merritt v Merritt [1970] EWCA Civ 6; [1970] 1 WLR 1211.  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Balfour v Balfour [1919] 2 KB 571. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Balfour v Balfour [1919] 2 KB 571 including commentary on Merritt v Merritt [1970] EWCA Civ 6; [1970] 1 WLR 1211.  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Balfour v Balfour [1919] 2 KB 571. The document also includes supporting commentary from author Nicola Jackson.

Chapter

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

2. Offer and acceptance I: general principles  

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 general principles of the offer and acceptance requirement in the law of contract. It explains that an offer is an indication of one party’s willingness to enter into a contract with the party to whom it is addressed as soon as the latter accepts its terms while an acceptance is an agreement to the terms of the offer. It discusses the distinction between unilateral and bilateral contracts and introduces the principle of objectivity in contractual formation. This chapter also considers the communication of the acceptance, the prescribed modes of acceptance, and the termination of an offer.

Book

Cover Koffman, Macdonald & Atkins' Law of Contract
Koffman, Macdonald & Atkins’ Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, exemption clauses, the Unfair Contract Terms Act 1977, unfair terms in consumer contracts, mistake, misrepresentation, duress and undue influence, illegality, unconscionability, privity, performance and breach, frustration, damages, and specific enforcement, as well as companion website chapters on capacity and an outline of the law of restitution. Recent cases which are of particular note in this, the tenth edition, include the Supreme Court cases of: Wells v Devani (2019) on interpretation and implied terms, Pakistan International Airlines Corporation v Times Travel (UK) Limited (2021) on lawful act economic duress, Morris- Garner v One-Step (Support) Ltd (2019) and Triple Point Technology Inc v PTT Public Company Ltd (2021) on the law of damages, and Tillman v Egon Zehnder (2019) on illegality and severance, re-affirmed in the Court of Appeal ruling in Quantum Actuarial LLP v Quantum Advisory Ltd (2021). Further important Court of Appeal decisions include: TRW v Panasonic (2021) on ‘battle of the forms’, Ark Shipping v Silverburn Shipping (2019) on classification of terms, FSHC Holdings v GLAS Trust (2019) on the equitable remedy of rectification, considered within the chapter on the doctrine of mistake, and Classic Maritime Inc v Limbungan Makmur (2019) on the interpretation of force majeure clauses and the scope of the doctrine of frustration, issues which rapidly elevated in significance leading up to Brexit and upon the outbreak of the Covid-19 pandemic. Notable first instance decisions which have tested frustration in light of these events include Canary Wharf (BP4) T1 Ltd and others v European Medicines Agency (2019) in the context of Brexit, and Salam Air SAOC v Latam Airlines Group SA (2020) on the impact of Covid-19. Additional High Court rulings considered within this edition include Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Ioannis Kent (2018) and Bates v Post Office Ltd (2019) on good faith, and Neocleous v Rees (2019) on electronic signatures coupled with the findings of the Law Commission Report on Electronic Execution of Documents (2019) Law Com No 386.

Book

Cover Concentrate Questions and Answers Company Law
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes: typical questions; suggested answers with commentary; illustrative diagrams; guidance on how to develop your answer; key debates; suggestions for further reading; and advice on exams and coursework. Concentrate Q&A Company Law offers expert advice on what to expect from your company law exam and coursework, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: reminders of points to consider; indications of key debates for each topic; exam-length suggested answers; clear commentary with each answer; diagram answer plans; cautionary points; tips to make your answer stand out from the crowd; and annotated further reading suggestions at the end of every chapter. The book should help you to: identify typical company law exam questions; structure and write a first-class answer; avoid common mistakes; show the examiner what you know; develop and demonstrate your understanding; identify connections between topics; and find relevant and helpful further reading. As well as separate chapters on exam skills and preparing coursework, it covers: companies and corporate personality; the corporate constitution; shares and shareholders; directors’ duties; company management and governance; minority shareholder remedies; corporate liability (contracts, torts, and crimes); share capital; loan capital; and corporate insolvency. The book is suitable for undergraduate students taking a module in company law on the LLB and GDL, and undergraduate students studying aspects of company law on other degreecourses.

Book

Cover Introduction to Business Law
Introduction to Business Law demonstrates the relevance of key areas of the law to a world of work that the business student can relate to. Students of business often find business law modules challenging, irrelevant to their future career, and full of alien terminology and concepts. Structured in eight parts, this book provides a foundation in the key legal concepts of the English legal system, contract law, and negligence before discussing how the law affects the everyday workings of businesses and their employees from protecting intellectual property rights to company formation, winding up and insolvency. It covers a variety of topics around the subjects of the English legal system, contract law, the law of torts, employment law, the structure and management of business and the major intellectual property rights.