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Formation and Variation of Contract [Kõva köide]

  • Formaat: Hardback, 450 pages
  • Ilmumisaeg: 24-Jul-2014
  • Kirjastus: Sweet & Maxwell
  • ISBN-10: 1847038026
  • ISBN-13: 9781847038029
Teised raamatud teemal:
  • Formaat: Hardback, 450 pages
  • Ilmumisaeg: 24-Jul-2014
  • Kirjastus: Sweet & Maxwell
  • ISBN-10: 1847038026
  • ISBN-13: 9781847038029
Teised raamatud teemal:
This book provides an account of the law relating to the various issues involved in forming and varying contracts, as understood in Contract law. This includes pre-contractual negotiations, offer & acceptance, formalities, consideration and promissory estoppel. Drawing together in single volume key rules relating to the formation and variation of contracts, focusing on the rules for their existence and validity Covers topics which are of fundamental importance to practitioners but on which there is no up-to-date specialist work Highlights areas of contract law where there is likely to be significant argument about possible development in the coming years Provides a perspective on the rules for the formation of contracts from an international and comparative dimension Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice All of Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance All of Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds All of Part III is devoted to the requirement of consideration (which gives contract its character as a `bargain in the common law ), both in the formation of a contract, and in the variation of an existing contract All of Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it)
Preface v
Abbreviations vii
Table Of Cases
xvii
Table Of Statutes
xliii
Table Of Statutory Instruments
xlvii
Table Of European Legislation
xlix
Table Of Foreign Legislation
li
1 Introduction
I Scope of this Book: Formation and Variation
1(2)
II Key Questions and Perspectives
3
PART I The Agreement
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
(1) Tort
14(5)
(2) Contract
19(7)
(3) Unjust Enrichment
26(3)
(4) Equity
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
3 Finding The Agreement
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)
(2) Offer
26(7)
(3) Acceptance
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
4 The Role Of Formality
I Formality in General
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)
(3) Execution as a Deed
9(5)
(4) Failure to Comply with the Requirements for a Valid Deed
14(3)
III Deeds in Practice
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
(1) Discharge of a Debt
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