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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: EU Law

Brasserie du Pêcheur SA v Bundesrepublik Deutschland; The Queen v Secretary of State for Transport, ex parte Factortame Ltd and others (‘Factortame III’) (Joined cases C-46/93 and C-48/93), EU:C:1996:79, [1996] ECR I-1029, 5 March 1996  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Brasserie du Pêcheur SA v Bundesrepublik Deutschland; The Queen v Secretary of State for Transport, ex parte Factortame Ltd and others (‘Factortame III’) (Joined cases C-46/93 and C-48/93), EU:C:1996:79, [1996] ECR I-1029, 5 March 1996. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Brasserie du Pêcheur SA v Bundesrepublik Deutschland; The Queen v Secretary of State for Transport, ex parte Factortame Ltd and others (‘Factortame III’) (Joined cases C-46/93 and C-48/93), EU:C:1996:79, [1996] ECR I-1029, 5 March 1996  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Brasserie du Pêcheur SA v Bundesrepublik Deutschland; The Queen v Secretary of State for Transport, ex parte Factortame Ltd and others (‘Factortame III’) (Joined cases C-46/93 and C-48/93), EU:C:1996:79, [1996] ECR I-1029, 5 March 1996. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Commercial Law Concentrate

9. Remedies of the unpaid seller  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter considers the remedies that are available to a seller against the buyer for breach of contract and the position when the buyer refuses delivery of the goods. These are real remedies and personal remedies, which are set out in Parts V and VI of the Sale of Goods Act 1979. An example of a real remedy is a lien over the goods, whereas two examples of a personal remedy are an action for the price and damages for non-acceptance of the goods.

Chapter

Cover Complete Contract Law

11. Remedies Part III: Non-compensatory Remedies  

This chapter identifies some alternative, exceptional remedies that could be available to an innocent party following a breach of contract. Generally, they can only be used when an award of compensatory damages would for some reason not be adequate or is unavailable. The chapter starts with specific performance and injunctions. Both remedies were developed in equity rather than the common law. This means that their application is largely discretionary and so the chapter looks at the factors that could be relevant to the exercise of that discretion. It then turns briefly to the remedy of restitution for unjust enrichment. While this is a different area of law, it can provide a remedy where there was thought to have been a contract but it turns out there was not one. In certain circumstances, it could also provide a remedy following a breach. A basic grasp of this area will also help to understand the very exceptional ‘restitution for a wrong’ remedy. Finally, the chapter considers the remedy of negotiating damages as well as agreed damages clauses.

Chapter

Cover Contract Law Directions

12. Specific remedies  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available, and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.

Chapter

Cover Contract Law Directions

12. Specific remedies  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available, and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.

Chapter

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

17. Remedies II: specific remedies  

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 specific remedies for breach of contract. It explains that unlike compensatory remedies, specific remedies actually require the defendant to perform his side of the bargain. This chapter discusses the principles of the different types of specific remedies including the action for an agreed sum, liquidated damages and the penalty clause jurisdiction, injunctions, specific performance, and damages in substitution for a specific remedy.