.png)
Contract Law
 |
by Mary Charman |
© Mary Charman, 2007
The right of Mary Charman to be identified as the author of this book has been asserted by her in accordance with the Copyright, Designs and Patents Act of 1988.
All rights reserved; no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Publishers or a licence permitting copying in the UK issued by the Copyright Licensing Agency Ltd, Saffron House, 6–10 Kirby Street, London EC1N 8TS.
First edition published 2001
Second edition published 2002
Third edition published 2005
Fourth edition published 2007
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Project managed by Deer Park Productions, Tavistock, Devon
Typeset by Pantek Arts, Maidstone, Kent
Printed and Bound by TJ International, Padstow, Cornwall
CONTENTS
Preface xi
Table of Cases xiii
Table of Statutes xix
1 Principles of the law of contract
Why do we need a law of contract?
Are all promises enforced by law?
The form of a contract
The basis of contract law
Part 1:The formation of a contract
2 Offer and acceptance
Offer
Offers and ‘non-offers’
Termination of an offer
Acceptance
Certainty in a contract
Auction sales
Tenders
Contracts for the sale of land
Some non-standard situations
Distance trading
Electronic trading
Summary
Questions
3 Consideration
Executed and executory consideration
Consideration must be sufficient but need not be adequate
Consideration must not be vague
Consideration must move from the promisee
Past consideration
Forebearance to sue
Performance of an existing duty
Part-payment of a debt
vi Contract law
The current state of the doctrine
Summary
Questions
4 Legal intent
Social and domestic arrangements
Commercial agreements
Summary
Questions
5 Capacity
Corporations
Mental disability and intoxication
Diplomats and sovereigns
Minors
General concerns
Summary
Questions
Part 2:The contents of a contract
6 Incorporation of terms
Terms and representations
Incorporating terms into oral contracts
Written contracts
Implied terms
Collateral contracts
Summary
Questions
7 Types of terms within a contract
Conditions and warranties
The effect of a breach
Condition or warranty?
Terms specified by the parties
Reference to statute
Consideration of the terms by the courts
‘Course of dealing’
Innominate terms – the Hong Kong Fir approach
The debate continues
Summary
Questions
8 Exemption clauses
Incorporation
Construction
Legislation
The Unfair Contract Terms Act 1977
The Unfair Terms in Consumer Contract Regulations 1999
The current position
Summary
Questions
9 Privity of contract
The rule of privity
Established exceptions to the doctrine of privity of contract
Attempts to avoid privity of contract
The Contracts (Rights of Third Parties) Act 1999
Summary
Questions
Part 3:Vitiating factors
10 Duress and undue influence
Duress
Undue influence
Summary
Questions
11 Misrepresentation
Representations and terms
Definition
Silence and misrepresentation
Misrepresentation passed on via a third party
Inducement
Remedies
Fraudulent misrepresentation
Non-fraudulent misrepresentation
The Misrepresentation Act 1967
Indemnity 178 Rescission
Bars to rescission
Comparison with remedies for breach of contract
Summary
Questions
12 Mistake
Common mistake
Where the subject matter is non-existent
Mistake over title
Contents vii
Mistake over quality of subject matter
Mutual mistake 190 Unilateral mistake
Mistake relating to documents
The doctrine of mistake in general
Summary
Questions
13 Illegality
The nature of illegality
Restraint of trade
The effect of European law
Summary
Questions 2
Part 4: Discharge and remedies
14 Discharge of a contract
Performance
Agreement
Breach
Frustration
Summary
Questions
15 Remedies
Damages
Basis of assessment
Mental distress and non-pecuniary loss
Remoteness of damage
Mitigation
Other remedies
Stop now orders
Summary
Questions
Part 5: Consumer protection
16 Consumer protection
The contract
The consumer
The Sale of Goods Act
as amended by the Sale and Supply of Goods Act 1994
The Supply of Goods and Services Act 1982
viii Contract law
The Consumer Protection Act 1987
The Unfair Contract Terms Act 1977
The Unfair Terms in Consumer Contract Regulations 1999
Consumer protection other than through the law of contract
The current state of consumer protection
Summary
Questions
Part 6: General questions on contract law
17 Additional questions
Part 7: Studying contract law
18 Contract law in context
Fairness in contract law
Law and morals
Policy issues
Contextual skills in examination
Module 6: concepts of law, for AQA
19 Sources of contract law
Case law
Statute law
European law
OCR Special study: synoptic assessment based on legal sources
A strategy for using the material
20 Key skills
Key skills to be assessed
Answers guide
Legal terms and expressions
Legal resources
Index
.png)
Post a Comment
0 Comments