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 applications of the general principles of the offer and the acceptance requirement in the law of contract in two specific problem areas which raise offer and acceptance principles. These issues concern intention to create legal relations and unilateral (or ‘offer and acceptance’) mistake, including the doctrine of non est factum.
Chapter
3. Offer and acceptance II: two related principles
Chapter
6. Privity and third parties
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 doctrine of privity in the law of contract and the position of third parties. The doctrine of privity dictates that a person who is not a party to the contract cannot be granted contractual rights by the contract or be placed under contractual obligations by it. It explores the rationale of the principle, discusses the authorities that established it, and looks at the various common law exceptions to the rule that a third party cannot acquire rights under a contract. This chapter also explores in detail the statutory exception to privity provided in the Contracts (Rights of Third Parties) Act 1999.
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6. Privity
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 doctrine of privity in the law of contract. The doctrine of privity dictates that a person who is not a party to the contract cannot be granted contractual rights by the contract or be placed under contractual obligations by it. It explores the rationale of the principle, discusses the authorities that established it, and explores the various common law exceptions to the rule that a third party cannot acquire rights under a contract. This chapter also explores in detail the statutory exception to privity provided in the Contracts (Rights of Third Parties) Act 1999.
Chapter
3. Offer and acceptance II: two related 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 applications of the general principles of the offer and the acceptance requirement in the law of contract in two specific problem areas which raise offer and acceptance principles. These issues concern intention to create legal relations and unilateral (or ‘offer and acceptance’) mistake, including the doctrine of non est factum.
Chapter
1. Exam Skills for Success in Contract Law
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. Concentrate Q&A Contract Law provides guidance on answering questions on the law of contract. This chapter focuses on the exam skills you will need to develop in order to be successful in Contract Law. It outlines how the book may be used to aid you in writing answers to contract essay and problem questions. It also provides general guidance for questions which are broken into parts and how marks are allocated, the focus of exam questions, and expectations in relation to written work.
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15. Skills for Success in Coursework Assessments
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. Q&A Law of Contract provides guidance on answering questions on the law of contract. This chapter provides advice on preparing and writing an answer to a coursework question. It looks at: researching, planning, and preparing to write; critical analysis and evaluation; structure; writing your answer; relevance and sticking to the word limit; and referencing and citation of legal authorities. It also provides example coursework for you to look at.
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9. Negligence and lawyers
This chapter examines the circumstances in which a barrister and solicitor can be sued in negligence or for breach of contract. Clients can sue a solicitor based on the law of contract, the law of fiduciary duty, and the law of negligence. In general, a client is going to face an uphill battle in suing a solicitor or barrister. In relation to a breach of contract, it can be difficult to establish the breach of reasonable skill. In relation to negligence, proving breach of a duty of care and the causation of a loss is problematic.
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5. An introduction to the law of contract
This chapter provides an introduction to the law of contract. It discusses several preliminary pre-contractual issues and explains that though most contracts do not require formalities, a number of important ones impose certain requirements and failure to comply may render the contract unenforceable. The ability of persons to enter into contracts (that is, their capacity) is also discussed where it is noted that certain persons cannot enter into legally binding contracts. The chapter also clarifies why contracts are enforced. This chapter also discusses the rules governing privity of contract and considers the role of third parties in enforcing a contractual term via statute and common law principles.
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1. General themes and issues
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 offers an introduction to the law of contract and contract theory. It explains that the law of contract provides the ground rules for what is needed for a contract to be valid and enforceable and for resolving disputes. It introduces the reader to key themes and concepts in the law of contract, and considers the crucial borderlines with other legal subjects, such as tort, restitution, and public law. This chapter also considers some international developments beyond the domestic law of contract.
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10. Ending the Contract
This chapter discusses other ways in which a valid contract may be discharged, aside from the successful completion of established rights and duties. It also discusses possible remedies where a party breaches the contract. Under the normal rules of contract, a party is only discharged from a contract when that party has completed obligations under it. Having completed the contract each party is free of further obligations. A failure to complete the contract may lead to a breach of contract claim, although situations exist where the parties may release each other from further obligation—referred to as discharge by agreement—or the contract may have been partially or substantially performed. This chapter examines discharge through performance and agreement, how contracts may become frustrated, and the consequences and remedies following a breach of contract.
Chapter
1. General themes and issues
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 offers an introduction to the law of contract and contract theory. It explains that the law of contract provides the ground rules for what is needed for a contract to be valid and enforceable and for resolving disputes. It introduces the reader to key themes and concepts in the law of contract, and considers the crucial borderlines with others legal subjects, such as tort, restitution and public law. This chapter also considers some international developments beyond the domestic law of contract.
Chapter
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, the termination of an offer, and the so-called ‘battle of the forms’.
Chapter
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
James Devenney
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. Concentrate Q&A Contract Law provides guidance on answering questions on the law of contract. The book starts with an introduction explaining how to use the book and exploring the skills necessary for success in contract law exams. The book then looks at offer and acceptance, certainty of terms, consideration and intention to create legal relations. After that it examines terms of the contract, exclusion/exemption clauses and unfair terms, misrepresentation, improper pressure, mistake and issues relating to illegality and restraint of trade. The final part of the book looks at frustration, damages, additional remedies, privity of contract and has a short section dealing with mixed questions. The book ends with a chapter containing advice on answering coursework questions.
