Download or read book Furmston and Tolhurst on Contract Formation written by G. J. Tolhurst and published by Oxford University Press, USA. This book was released on 2023-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting, and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems, and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort, and the methods of resolving a battle of the forms. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] which considered the extent to which issues of contract formation involved issues of law or fact. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore, and New Zealand, where these inform the development of principles in English law.
Download or read book Furmston and Tolhurst on Contract Formation written by Greg Tolhurst and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For any law student undertaking a course in contract law, the first substantive topic studied is that of contract formation. There is a certain logic to this because many other topics in a contract law course, such as construction, performance, breach, and damages, depend on there being a contract in existence. The topic is also a good introduction into contract law reasoning with many of the famous and entertaining cases contained in it. It is also considered by many students to be the easier part of the course seemingly made up of a lot of relatively easy to understand rules that need to be applied to the facts of a case. It can come as a surprise to learn that contract formation is one of the most litigated areas of contract law. In particular, the formation issue that takes up most of the courts' time is that of agreement, that is, the determination of whether parties have reached a sufficiently certain and complete agreement that they intend to contract and intend to be immediately bound"--
Download or read book Privity of Contract written by M. P. Furmston and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore). The work opens with a history of development of the privity rule and its place in English up to the enactment of the Contract (Right of third parties) Act 1999. The books considers common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. There is also consideration of the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promise where the loss suffered by reason of a breach of contract has been incurred by a third party. The final chapters consider the position under the Contract (Right of third parties) Act 1999 and look at the international position, considering work undertaken by UNIDROIT. This book fills a gap for a more thorough examination of the law of privity and is written by two well-known and experienced authors on contract law.
Download or read book Contract Formation written by M. P. Furmston and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.
Download or read book Cheshire Fifoot and Furmston s Law of Contract written by M P Furmston and published by Oxford University Press, USA. This book was released on 2012-08-30 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describing the major principles of the English law of contract, this text represents a source of information and analysis for students studying the law of contract and law of obligations. Each chapter contains numerous references to additional primary and secondary sources.
Download or read book Contract Formation written by Michael Furmston and published by Oxford University Press, USA. This book was released on 2010-03-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.
Download or read book Contract Formation and Parties written by Andrew Burrows and published by Oxford University Press. This book was released on 2010-08-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This volume of essays addresses the law relating to the formation of legally binding contracts and relationships between contracting parties and third parties and is based on papers delivered at the eighth Oxford-Norton Rose Colloquium at St Hugh's College, Oxford in September 2009.' - Foreword.
Download or read book A Unified Approach to Contract Interpretation written by Ryan Catterwell and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts.
Download or read book Mistakes in Contract Law written by Catharine MacMillan and published by Bloomsbury Publishing. This book was released on 2010-01-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.
Download or read book JC Smith s the Law of Contract written by Paul S. Davies and published by Oxford University Press. This book was released on 2021 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'JC Smith's The Law of Contract' provides a superb overview of all the key areas of contract law making this book ideal for use on all undergraduate courses. A focus on key cases acts a springboard into analysis and critical discussion enabling students to really understand the fundamentals of the subject.
Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-12 with total page 2379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Download or read book Comparative Contract Law written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.
Download or read book Good Faith in International Commercial Arbitration written by Sabrina Pearson-Wenger and published by Kluwer Law International B.V.. This book was released on 2024-07-15 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the perspective of users of international commercial arbitration, the uncertainties surrounding the application of good faith by an arbitral tribunal create an unwelcome unpredictability. Acknowledging this prevalent situation, this book is the first to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement. This book provides a comprehensive description of the role and scope of good faith under governing laws in key jurisdictions (England, New York, Switzerland, France, Germany, China, Singapore, Hong Kong, Australia, and Canada) as well as under the CISG, the UNIDROIT Principles, and other uniform law and soft law instruments. The book greatly clarifies the source and role of good faith with respect to the following issues surrounding the arbitration agreement: formal validity of the arbitration agreement; incorporation of the arbitration agreement by reference; interpretation of the arbitration agreement; capacity and power of the parties to arbitrate; extension of an arbitration agreement to a non-signatory party; pre-arbitration requirements to negotiate or mediate; and performance of the arbitration agreement. Proposed guidelines for the application of good faith to each of these issues are included, along with useful figures summarizing the content of the obligations to negotiate or mediate in good faith prior to resorting to arbitration as well as the obligation to arbitrate in good faith. By analysing the role and scope of good faith under different national and non-national laws, this book will prove of inestimable value not only by providing invaluable insight into the recourse to good faith by arbitral tribunals but also by providing guidance on how good faith should be applied to the parties’ contract in international commercial arbitration. Arbitrators, as well as users of arbitration, will welcome the clarity on how good faith is applied to the various issues surrounding the arbitration agreement and, in particular, to the pre-arbitration requirements to negotiate or mediate as well as the performance of the arbitration agreement.
Download or read book Letters of Comfort written by Anton P. Trichardt and published by Kluwer Law International B.V.. This book was released on 2011-12-01 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first thoroughgoing analysis of the contractual effect of letters of comfort as it appears in both common law and civil law systems. The commentary draws on cases from a wide variety of jurisdictions and on the full range of legal scholarship on the subject in several languages. Among the specific issues and topics raised along the way are the following: the typology of letters of comfort; the legal nature of letters of comfort; the use of letters of comfort in corporate group and banking practice; the economic explanation for the use of letters of comfort; the contractual effect of letters of comfort in French law; ‘ten commandments’ of letters of comfort; Clearly evoking the tension between business needs, the law, and judicial application, the book analyses what happens when the relationship between a lender and a creditor breaks down, or the latter becomes insolvent, and courts or arbitrators are asked to determine the legal status of a comfort letter. This is an area of practice in which lawyers in any field of business activity are inevitably concerned, and in which useful guidance is scarce. For this reason this detailed analysis will be very welcome.
Download or read book Contract Law written by Neil Andrews and published by Cambridge University Press. This book was released on 2011-05-26 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.
Download or read book Contract Law and Contract Practice written by Catherine E Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Download or read book The Future of the Law of Contract written by Michael Furmston and published by Taylor & Francis. This book was released on 2020-05-10 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.
