A contract consists of an actionable promise or promises. Every such promise involves at least two parties, a promisor and a promisee, and an outward expression of common intention and of expectation as to the declaration or assurance contained in the promise. This outward expression of a common intention and of expectation normally takes the form of an agreement. This chapter discusses the establishment of an agreement by offer and acceptance; uncertain and incomplete agreements; and the intention to create legal relations.
Chapter
2. The Agreement
Jack Beatson, Andrew Burrows, and John Cartwright
Book
Cheshire, Fifoot & Furmston’s Law of Contract is a classic text on contract law. The first edition was published over seventy years ago. The book combines an account of the principles of the law of contract with analysis and insights, and the narrative brings understanding of complex contractual issues to a wider readership. It starts by providing a historic introduction, and goes on to look at issues such as modern contract law, agreement, consideration, and legal relations. The book details the contents of the contract and looks at unenforceable contracts, mistake, misrepresentation, duress, and undue influence. Chapters then examine contracts rendered void under statute, contracts illegal by statute or at common law, and contracts void at common law due to public policy. The text moves on to look at privity, rights and liabilities, performance and breach, and discharge under the doctrine of frustration. Finally, the book looks at remedies for breach of contract.
Book
Paul S. Davies
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.
Book
TT Arvind
Contract Law provides a uniquely practical approach to the topic; enriched with scenarios to support deep understanding of legal principles, analysis, and critique. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, and the requirements of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public interest. The final part is about enforcing contracts. The text here examines issues relating to breach of contract, compensatory remedies, non-compensatory remedies, and third party matters.
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
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
4. Contracts and informal relations
The intention to create legal relations
This chapter focuses on the requirement that the parties to a contract must have the intention to create legal relations for it to become legally binding. It considers how we decide whether the parties to a particular agreement had the intention to enter into legal relations, showing that English law operates by means of rebuttable presumptions. It then examines cases where the presumption is that the parties did not intend to create legal relations—that they intended their transaction to be merely friendly or social, rather than legal. It also discusses commercial transactions, where the presumption is reversed, and more specifically the types of commercial transactions that are structured to place them outside the bounds of legal enforcement. The chapter includes the case of Balfour v Balfour [1919] 2 KB 571 (CA).
