Preface |
|
v | |
Abbreviations |
|
vii | |
|
|
xvii | |
|
|
xliii | |
|
Table Of Statutory Instruments |
|
|
xlvii | |
|
Table Of European Legislation |
|
|
xlix | |
|
Table Of Foreign Legislation |
|
|
li | |
|
|
|
I Scope of this Book: Formation and Variation |
|
|
1 | (2) |
|
II Key Questions and Perspectives |
|
|
3 | |
|
|
|
2 Pre-Contractual Negotiations |
|
|
|
I The Practical Significance of Pre-contractual Negotiations |
|
|
1 | (2) |
|
II The Legal Status of Negotiations in English Law; No General Duties Between Negotiating Parties |
|
|
3 | (11) |
|
III Potential Sources of Liability During the Negotiations |
|
|
|
|
14 | (5) |
|
|
19 | (7) |
|
|
26 | (3) |
|
|
29 | (2) |
|
IV Claims Based on Pre-contractual Misconduct where the Contract is Concluded |
|
|
31 | (1) |
|
V Practical Solutions to the Problems of the Pre-contractual Stage |
|
|
32 | |
|
|
|
I The Meaning of "Agreement" |
|
|
1 | (17) |
|
(1) Subjective and Objective Tests of Agreement |
|
|
2 | (3) |
|
(2) Objectivity within English Contract Law |
|
|
5 | (4) |
|
(3) The Role of Intention in Contract Formation |
|
|
9 | (4) |
|
(4) Agreement About What? Minimum Content and Certainty |
|
|
13 | (5) |
|
II The Mechanics of Contract Formation: Offer and Acceptance |
|
|
|
(1) "Offer and Acceptance" as a Rule? |
|
|
18 | (8) |
|
|
26 | (7) |
|
|
33 | (12) |
|
III Practical Issues Relating to Finding the Agreement |
|
|
|
(1) Finding the Agreement through Offer and Acceptance |
|
|
45 | (2) |
|
(2) Finding the Agreement in a Written Contract |
|
|
47 | |
|
PART II Contract Formalities |
|
|
|
|
|
|
1 | (14) |
|
(1) The Function of Formality Requirements |
|
|
2 | (2) |
|
(2) Different Types of Formality, and Different Uses of Formality Requirements |
|
|
4 | (7) |
|
(3) Failure to Comply with Formality Requirements |
|
|
11 | (4) |
|
II Formality in the English Law of Contract |
|
|
15 | |
|
5 Specific Formalities: Substantive Conditions Of A Binding Contract |
|
|
|
I The Use of Formality as a Substantive Condition of Legal Effect |
|
|
1 | (4) |
|
II Contracts for the Sale or Other Disposition of an Interest in Land |
|
|
|
(1) Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989: Background and Context |
|
|
5 | (5) |
|
(2) Contracts Within the Scope of Section 2 |
|
|
10 | (6) |
|
(3) The Requirements of Section 2 |
|
|
16 | (8) |
|
(4) Failure to Comply with the Requirements of Section 2 |
|
|
24 | (6) |
|
III Consumer Contracts for which Formalities are Required |
|
|
30 | (6) |
|
IV Other Contracts for which Writing is Required as a Substantive Formality |
|
|
36 | |
|
6 Specific Formalities: Written Evidence As A Condition Of Enforceability |
|
|
|
I The Use of Formality as an Evidential Condition |
|
|
1 | (4) |
|
II Contracts of Guarantee |
|
|
|
(1) Section 4 of the Statute of Frauds 1677: Background and Context |
|
|
5 | (2) |
|
(2) Contracts Within the Scope of Section 4 |
|
|
7 | (4) |
|
(3) The Requirements of Section 4 |
|
|
11 | (4) |
|
(4) Failure to Comply with the Requirements of Section 4 |
|
|
15 | (4) |
|
III Other Contracts for which Writing is Required as an Evidential Formality |
|
|
19 | |
|
7 A General Formality: The Deed |
|
|
|
I The Deed as a Formal Instrument in English Law: History and Context |
|
|
1 | (3) |
|
II The Formality Requirements for a Valid Deed |
|
|
|
(1) Requirements Set by the Common Law and by Statute |
|
|
4 | (2) |
|
(2) The Form Required for a Deed |
|
|
6 | (3) |
|
|
9 | (5) |
|
(4) Failure to Comply with the Requirements for a Valid Deed |
|
|
14 | (3) |
|
|
17 | |
|
PART III The Doctrine of Consideration |
|
|
|
8 Consideration As A Condition Of The Existence Of A Contract |
|
|
|
I The Doctrine of Consideration: Historical and Comparative Context |
|
|
1 | (5) |
|
(1) Origins of the Doctrine of Consideration |
|
|
2 | (2) |
|
(2) Comparisons with Other Legal Systems |
|
|
4 | (2) |
|
II The Place of the Doctrine of Consideration in the Modern Law |
|
|
6 | (5) |
|
III Particular Rules within the Doctrine of Consideration |
|
|
11 | (29) |
|
(1) Consideration may be an Act, or a Promise, or Forbearance, by the Promisee |
|
|
12 | (3) |
|
(2) Consideration is Provided by the Promisee in Return for the Promise he Seeks to Enforce |
|
|
15 | (5) |
|
(3) The Consideration must be Provided by the Promisee at the Same Time as the Promisor's Promise: "Past Consideration" is Insufficient |
|
|
20 | (3) |
|
(4) The Act Done or the Promise Made by the Promisee Must Have Some Economic Value: Benefit to the Promisor and/or Detriment to the Promisee |
|
|
23 | (13) |
|
(5) Promise, or Performance, of an Existing Duty |
|
|
36 | (4) |
|
IV Criticism of the Doctrine of Consideration; Practical Difficulties and Solutions |
|
|
40 | |
|
9 Consideration In The Variation And Discharge Of A Contract |
|
|
|
I Variation and Discharge of a Contract Contrasted with Formation |
|
|
1 | (7) |
|
(1) The Nature of a Contractual Variation |
|
|
2 | (4) |
|
(2) Variation Contrasted with Waiver, Forbearance and Estoppel |
|
|
6 | (2) |
|
II The Requirement of Consideration for a Contractual Variation |
|
|
|
(1) The General Rule and its Application |
|
|
8 | (3) |
|
(2) Hard Cases: I: Unilateral Variation of a Bilateral Executory Contract |
|
|
11 | (6) |
|
(3) Hard Cases: II: Part-payment of a Debt |
|
|
17 | (6) |
|
(4) Uncertainties in the Present Law, and the Need for Reform |
|
|
23 | (2) |
|
III Practical Issues Relating to Contractual Variations |
|
|
25 | |
|
PART IV Promissory Estoppel |
|
|
|
10 The Role Of Promissory Estoppel In The Modification Of A Contract |
|
|
|
I The Doctrine of Estoppel |
|
|
1 | (13) |
|
(1) The Core Notion of Estoppel |
|
|
2 | (1) |
|
(2) Varieties of Estoppel |
|
|
3 | (7) |
|
(3) Other Related Doctrines, and Comparisons with Other Legal Systems |
|
|
10 | (4) |
|
II Promissory Estoppel: Development and Outline |
|
|
14 | (4) |
|
III The Elements of Promissory Estoppel in English Law |
|
|
18 | (16) |
|
(1) Estoppel in the Modification of an Existing Contract |
|
|
19 | (1) |
|
(2) The Representation or Promise |
|
|
20 | (3) |
|
(3) The Representor's State of Mind |
|
|
23 | (2) |
|
(4) Reliance by the Representee |
|
|
25 | (4) |
|
(5) Is Promissory Estoppel Temporary or Permanent? Revocation of the Representation by the Representor |
|
|
29 | (4) |
|
(6) Pleading the Estoppel Defence |
|
|
33 | (1) |
|
IV The Limits of the Role of Promissory Estoppel in English Law |
|
|
|
|
34 | (4) |
|
(2) Estoppel as "Shield" not "Sword" |
|
|
38 | (4) |
|
(3) Promissory Estoppel and Third Parties |
|
|
42 | (2) |
|
V The Role of Estoppel in the Creation of Obligations |
|
|
44 | (349) |
|
(1) The Relationship Between Consideration and Estoppel |
|
|
45 | (2) |
|
(2) Promissory Estoppel in Other Common Law Jurisdictions |
|
|
47 | (2) |
|
(3) The Potential for Development of the Role of Promissory Estoppel in English Law |
|
|
49 | (344) |
Index |
|
393 | |