English contract law remains one of the most dynamic and intellectually rich areas of private law, forming the foundation of both commercial and personal transactions. It nonetheless often presents conceptual and structural challenges to students and practitioners alike. This book succeeds admirably in addressing those challenges. It distils the complexity of English contract law into a coherent, accessible, and engaging account, while retaining the precision and critical perspective that advanced study requires.(ÖNSÖZDEN)
CONTENTS
CHAPTER 1: MAIN THEMES OF ENGLISH CONTRACT LAW
A. Freedom of contract
B. Notion of objectivity
1. The general rule of objectivity
2. Room for subjectivity
C. Bilateral and unilateral contracts
D. Formality requirements
1. Formal and informal contracts
2. Oral contracts
CHAPTER 2: OFFER
A. In general
B. The conventional approach to construing offer and acceptance
C. Offers in particular settings
1. Displays
2. Advertisements
3. Tenders
4. Auctions
D. Counteroffer
E. Battle of forms
F. Withdrawal and revocation of offer
CHAPTER 3: ACCEPTANCE
A. In general
B. Requirement for knowledge
C. Communication of acceptance
1. The "receipt rule"
2. The exceptions
D. Acceptance in unilateral contracts or by performance
CHAPTER 4: CONSIDERATION AND PROMISSORY ESTOPPEL
A. In general
B. The deed exception
C. Definition
D. Sufficiency of consideration
E. Forbearance of legal rights
F. Criticality of request
G. Past consideration
H. Performance of pre-existing contractual or legal duty
I. Part payment of debt
J. Promissory estoppel
CHAPTER 5: INTENTION TO CREATE LEGAL RELATIONS
A. Introduction
B. Domestic and social agreements
1. Presumption
2. Rebuttal of the presumption
C. Commercial agreements
1. Presumption
2. Rebuttal of the presumption
CHAPTER 6: CONTRACTUAL TERMS
A. Incorporation of contract terms
1. In general
2. Incorporation by signature
3. Incorporation by notice
4. Incorporation by course of dealing
B. Interpretation of contracts
1. The traditional approach
2. The modern approach
C. Uncertainty, vagueness and incompleteness
1. Agreements to negotiate and/or agree
2. Incomplete and vagueness of terms
D. Classification of contractual terms
1. Conditions and warranties
2. Innominate (or intermediate) terms
E. Implication of terms
1. Terms implied by courts
2. Terms implied by legislation
CHAPTER 7: THE CONTROL OF EXCLUSION CLAUSES
A. Introduction
B. Control of exclusion clauses
1. Judicial control of exclusion clauses
2. Legislative control of exclusion clauses
CHAPTER 8: MISREPRESENTATION
A. Introduction
B. Conditions of liability
1. Representation as to fact or law
2. Materiality, reliance and inducement
C. Remedies
1. In general
2. Rescission: election and bars
3. The Misrepresentation Act 1967
4. Categories of misrepresentation
5. Damages in discretion
6. Exclusion of liability
D. Negligent misstatement
CHAPTER 9: MISTAKE
A. Introduction
B. Mistake vitiating formation of contract
1. Mistake as to identity (or creditworthiness)
2. Ambiguity in agreement
3. Mistake as to terms
C. Common mistake
D. Rectification
E. Non est factum
CHAPTER 10: DURESS AND UNDUE INFLUENCE
A. Introduction
B. Duress of the person
C. Duress of goods
D. Economic duress
E. Threats to commit breach of contract
F. Lawful act duress
G. Undue influence
CHAPTER 11: FRUSTRATION
A. Introduction
B. Rationale
C. The modern cases
D. Parties' knowledge of relevant factual matrix
E. Frustration of common purpose
F. Self-induced frustration
G. Role of foresight
H. Timing of assessment
I. Effect on contract
CHAPTER 12: BREACH AND REMEDIES
A. Introduction
B. Breach of contract the basics
C. Anticipatory breach
D. Action for agreed sum
E. Damages
1. In general
2. Basis of quantification
3. Date of assessment
4. Remoteness of loss
5. Special types of losses
6. Rule against penalties
F. Equitable remedies
ANNEX 1 UNFAIR CONTRACT TERMS ACT 1977
ANNEX 2 MISREPRESENTATION ACT 1967
ANNEX 3 SALE OF GOODS ACT 1979
ANNEX 4 SUPPLY OF GOODS AND SERVICES ACT 1982
ANNEX 5 LAW REFORM (FRUSTRATED CONTRACTS) ACT 1943