- Preface
- Table of Statutes
- Table of Statutory Instruments
- Table of European Union Legislation
- Table of International and Other National Legislation and Restatements
- Table of Cases
- Some Abbreviations Used in Reference
- 1. Introduction
- Part 1 Formation of Contract
- 2. The Agreement
- 3. Form
- 4. Consideration and Promissory Estoppel
- Part 2 Contents of the Contract
- 5. The Terms of the Contract
- 6. Exemption Clauses and Unfair Terms
- Part 3 Factors Tending to Defeat Contractual Liability
- 7. Incapacity
- 8. Mistake
- 9. Misrepresentation and Non-Disclosure
- 10. Duress, Undue Influence, and Unconscionable Bargains
- 11. Illegality
- Part 4 Performance and Discharge
- 12. Performance
- 13. Discharge by Agreement
- 14. Discharge by Frustration
- 15. Discharge by Breach
- 16. Discharge by Operation of Law
- Part 5 Remedies for Breach of Contract
- 17. Damages
- 18. Specific Remedies
- 19. Restitutionary Awards
- 20. Limitation of Actions
- Part 6 Limits of the Contractual Obligation
- 21. Third Parties
- 22. Assignment
- 23. Agency
- Index
(p. 31) 2. The Agreement
- Chapter:
- (p. 31) 2. The Agreement
- Author(s):
Jack Beatson
, Andrew Burrows
, and John Cartwright
- DOI:
- 10.1093/he/9780198734789.003.0002
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.
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- Preface
- Table of Statutes
- Table of Statutory Instruments
- Table of European Union Legislation
- Table of International and Other National Legislation and Restatements
- Table of Cases
- Some Abbreviations Used in Reference
- 1. Introduction
- Part 1 Formation of Contract
- 2. The Agreement
- 3. Form
- 4. Consideration and Promissory Estoppel
- Part 2 Contents of the Contract
- 5. The Terms of the Contract
- 6. Exemption Clauses and Unfair Terms
- Part 3 Factors Tending to Defeat Contractual Liability
- 7. Incapacity
- 8. Mistake
- 9. Misrepresentation and Non-Disclosure
- 10. Duress, Undue Influence, and Unconscionable Bargains
- 11. Illegality
- Part 4 Performance and Discharge
- 12. Performance
- 13. Discharge by Agreement
- 14. Discharge by Frustration
- 15. Discharge by Breach
- 16. Discharge by Operation of Law
- Part 5 Remedies for Breach of Contract
- 17. Damages
- 18. Specific Remedies
- 19. Restitutionary Awards
- 20. Limitation of Actions
- Part 6 Limits of the Contractual Obligation
- 21. Third Parties
- 22. Assignment
- 23. Agency
- Index