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Contract: Cases & Materials 5Th Edtion

Fifth Edition

H G Beale, W D Bishop, M P Furmston


This casebook comprises a wide selection of cases and materials to illustrate the law, and place it within its legal and commercial context. The cases and relevant statutes are illuminated with insightful author commentary, as the authors highlight difficulties and complexities in the law, encouraging students to take their understanding to a deeper level. This fifth edition is accompanied by an Online Resource Centre featuring annual updates and web links. Online Resource Centre Student resources: - Annual updates - Web links
1. Introduction 1. Contracts and contract law 2. Contract, tort and restitution 3. The functions of contract law 4. Economic analysis of contract law 5. Empirical work 2. Enforceable Types of Promise 6. Consideration 7. Intention to create legal relations 3. Has An Agreement Been Reached? 8. Offer and acceptance 9. Uncertainty and incompleteness 10. Communication mistakes 4. Obligations 11. Express terms in oral agreements 12. Contents of written contracts 13. Inaccurate information and misrepresentation 14. Gapfilling by interpretation 15. Implied terms 16. Discharge by frustration 17. Expectation mistakes 18. Discharge by construction 19. Duties of disclosure 5. Remedies 20. Some preliminary questions 21. Withholding performance and termination for default 22. Damages 23. Literal enforcement 24. Restitutionary remedies 6. Contract Theory 25. Why are promises binding? 26. Economic analysis of contract law 27. The impact of the empirical studies 28. Critical approaches to contract 29. Developing the relational contract notion 30. Fairness and distributive justice 31. Transformation thesis 7. Changing the Bargain 32. Rescission, variation, waiver and promissory estoppel 33. Adjustments in longer-term contracts 8. Policing the Bargain 34. Duress 35. Undue pressure and undue influence 36. Unconscionable bargains 37. A general principle? 38. Standard form contracts 39. Exclusion clauses 40. Unfair terms in consumer contracts 41. Regulated contracts 9. Illegality 42. Contracts contrary to public policy 43. Contracts involving the commission of a crime or a tort 44. Contracts in restraint of trade 10. Intermediaries, Third Parties and Assignment 45. Agency 46. Privity and the benefit of a contract between others 47. Subsequent assignment of the benefit of a contract 48. Privity and burdens 49. Assignment and the burden of a contract
H G Beale , Honorary Bencher of Lincoln's Inn; Professor of Law, University of Warwick, W D Bishop , Chairman, Lexecon (Consultant Economists), M P Furmston , Bencher of Gray's Inn; Emeritus Professor and Senior Research Fellow, University of Bristol, Dean of Law and Professor of Law, Singapore Management University