Contract Law

Ronald Skinner

Description

Contract law is a very complex area, one that affects us all, in one way or another. Quite often we find ourselves in need of clear advice, which isn't available. However, this latest edition of A Straightforward Guide to Contract Law provides clear and comprehensive answers to all aspects of contract law and the formation of contracts. The book is concise and clear and updates the law to 2014

Sujets

• Droit et juridique
• Inglaterra
• Contract
• Law
• Wales
• England

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 novembre 2014
• Nombre de lectures: 0
• EAN13: 9781847165305
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO CONTRACT LAW
Peter Clarke
www.straightforwardco.co.uk
Straightforward Guides
Straightforward Publishing 2014
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or other wise, without the prior permission of the copyright holder.
British Cataloguing in Publication data. A catalogue record is available for this book from the British Library.
ISBN 978-1-84716-476-6
978-1-84716-530-5 (ebook)
Printed in the United Kingdom by Grsovenor Press London
Cover Design by Bookworks Islington
Whilst every effort has been made to ensure that the information in this book is accurate at the time of going to print, the author and publisher recognise that the information can become out of date. The book is therefore sold on the understanding that no responsibility for errors and omissions is assumed and no responsibility is held for the information held within.
Contents
Table of cases
1 Introduction
The necessity of contract law
Contract law-a brief history
Freedom of contract
Contracts and the notion of fairness
The objective approach
2 Forming a Contract
The nature of contracts
The notion of offer and acceptance
The invitation to treat
Offers of sale in shops
Contracts and advertisement
Bilateral contracts
Communication of offers
The length of time an offer should last
Acceptance of an offer
Communicating acceptance of an offer
Ignorance of the offer
Tenders, auctions and the sale of land
Certainty of contract
Terms implied into contract by statute
Intention to create legal relations
Domestic and social agreements
Commercial agreements
The capacity to enter into a contract
Mental incapacity
Corporations
Registered companies
Statutory companies
Chartered corporations
Contracts which must be by deed
Contracts which must be in writing
Main points from chapter two
3 Consideration and Contracts
Promisor and Promisee
Executory and executed consideration
The rules of consideration
Performance of an existing duty
Existing public duty
Existing contractual duty to the promisor
Existing contractual duty to a third party
Waiver and promissory estoppel
Agreement by deed
Main points from chapter three
4 Terms of Contracts
Express terms of contracts
Oral statements
Written terms of a contract
The parol evidence rule
Rectification
Partially written agreements
Implied terms
Collateral agreements
Construction of express terms in contracts
Implied terms
The classification of contractual terms
Unfair contract terms
Exemption clauses in contracts
Misrepresentation in contracts
Representation and terms of contract
Main points from chapter four
5 Errors and contracts
The general principles
Common mistake
Mistake as to title
Mistaken identity
Mistake over the terms of the contract
Mistakes relating to documents
Mutual and unilateral mistakes
Mistakes in equity
Rectification
Main points from chapter five
6 Contracts and illegality
Illegal mode of performance
Contracts violating legal rules
Breach of common law
Breach of legislation
Contracts in restraint of trade
Employee restraint
Vendor restraint
Agreements between merchants and the trade
Wagering contracts
Competition law
Contracts against public policy
Contracts prejudicial to public safety
The effect of an illegal contract
Main points from chapter
7. Duress and Undue Influence
Duress
Compulsion or coercion of the will
Undue influence
Inequality of bargaining power
Illegitimate pressure
Manifest disadvantage
Main points from chapter seven
8. Third Party Rights
The rights of third parties
Express provision in the contract
The contract purports to confer a benefit on a third party
Consent to variations
Common law exceptions
Agency
Assignment
Collateral contracts
Main points from chapter eight
9 Discharge of a Contract
Performance under contract
Mitigation of the entire performance rule
Substantial performance
Severable contracts
Prevention of performance by one party
Breach of terms concerning time
Frustration of contract
Impossible to fulfill contract
Death of either party to the contract
Method of performance impossible
Illegality
Performance made pointless
Time of frustrating event
Limits to the doctrine of frustration
When the event was foreseeable
Breach of contract
Agreement
Consideration
Formalities
Remedies for breach of contract
Main points from chapter nine
10 Remedies for Breach of Contract
Causation
Remoteness
Mitigation
Calculating any loss
Action for an agreed sum
Restitution
Equitable remedies
Specific performance
Injunctions
Remedies agreed by the parties
Main points from chapter ten
Glossary of terms
Index
Table of cases
Adams v Lindsell (1818)
Allcard v Skinner 1887
Amalgamated Property Co v John Walker 1977
Anderson v Daniel (1924)
Ltd v John Walker and sons Ltd (1977).
Armhouse Lee Ltd v Chappell (1996)
Atlas express v kafco (1989)
Balfour v Balfour (1919)
Bank of Credit and Commerce International SA v Aboody (1989)).
Barton and Armstrong (1975)
Beltin v Gye (1876)
Benningfield v Baxter 1886
Blackpool and Fylde Aeroclub v Blackpool Borough Council (1990)
Bowerman v Association of British Travel Agents Ltd (1996)
British Concrete Ltd v Scheff 1921
British Road Services v Crutchley (Arthur V) Ltd (1968),
Boulton v Jones (1857)
Boulton v Mahadevta (1972)
Car and Universal Finance Co Ltd v Caldwell (1965)
Bull v Pitney Bowes Ltd 1966
Carlill v Carbolic Smokeball (1893)
Central London Property Trust v High Trees (1947)
County Ltd v Girozentrale Securities (1996)
Couturier v Hastie (1856)
Cundy V Lindsey (1878).
Cutter v Powell (1795)
Davis Contractors Co Ltd v Fareham UDC (1956).
Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd (1915).
Eastham v Newcastle United FC Ltd 1963
English Hop Growers v Dering 1928
Errington v Errington (1952)
Esso Petroleum Ltd v Hopes Garage (Stockport) 1968
Fisher v bell (1961)
Forster and sons Ltd v Suggett 1918
Frost v Knight (1872)
Glasbrook Brothers v Glamorgan County Council (1925)
Gibson v Manchester City Council (1979)
Hadley v Baxendale (1854).
Hadley v kemp (1990)
Hart v O Connor (1985)
Hartley v Ponsonby (1857)
Harvey v Facey (1893)
Henderson v Arthur (1907)
Hartog v Colin and Shields (1939)
Herbert Morris Limited v Saxelby 1916
Hickman v Haynes (1875)
Home Counties Dairies v Skilton 1970
Hong Kong Fir Shipping Co Ltd v Kawasaki (1962)
Hughes v Metropolitan Railways Co (1875)
Hyde v Wrench (1840)
Kings Norton metal Co v Edridge Merret and Co Ltd (1872)
Lancashire Loan Co v Black 1933
Leeds Rugby Ltd v Harris 2005
Levy v Yates (1838).
Liverpool Council v Irwin (1977)
Lloyds Bank v Bundy (1974).
M and S Drapers v Reynolds 1057
Nash v Inman (1908)
Nordenfelt v Maxim Nordenfelt Co 1894
North Ocean Shipping Co v Hyundai Construction Co (The Atlantic Baron) (1979)
Page One Records Ltd v Britton (1968)
Panayiotou v Sony Music International (UK) Ltd (1994)
Partridge v Crittendon (1968).
Pau v Lau Yiu Long (1980)
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Limited 1953
Proform Sports Management Ltd and Another (2006)
Raffles V Wichelhaas (1864)
Re Moore and Co Ltd and Landaur and Co (1921)
Roscorla v Thomas (1842)
Royal Bank of Scotland v Etridge (2001)
Scammell v Ouston (1941)
Stilk v Myrick (1809)
Scotson v Pegg (1861).
Shirlaw v Southern Foundries (1926).
Schroder Publishing Co Ltd v Macaulay (1974
Scott v Coulson (1993).
Shanklin Pier Ltd v Detel Products Ltd (1951).
Smith v Hughes (1871)
Stenhouse (Australia) Ltd v Phelps 1974
Superservant Two (1990)
Tamplin v James (1879)
Taylor v Caldwell (1863)
Walker v Boyle (1982)
Warner Bros Pictures v Nelson (1937)
William v Roffey Bros (1991)
Whittington v Seale-Hays (1900)
Ch. 1
Introduction
This latest book in the Straightforward Guides Series, Guide to Contract Law is a comprehensive and easy to understand introduction to the complex area of contract law.
Many people, either knowingly or unknowingly, enter into contracts without fully understanding the implications of what they are doing. Contracts can cover a number of areas, from hire purchase agreements to more complex finance agreements, contracts for construction of buildings, contracts for work around the house or contracts to supply goods.
Notwithstanding the type of contract or what area of life it relates to, there is a comprehensive framework of law, both in statute and also common law, which covers parties to a contract. This book will enable the reader, whether layperson or professional, to obtain the basic facts about contract law and also to see clearly where they stand in relation to their rights and obligations. Throughout the book there is reference to relevant court cases.
The necessity of contract law
Contract law is necessary because the law only enforces certain types of promises, basically those promises that involve some sort of exchange. A promise for which nothing is given in return is called a gratuitous promise, and is not usually enforceable in law (the exception being where the promise is put into some sort of document, usually a deed).
The main reason that we need contract law is because of the complex society we live in, a capitalist society. In capitalist society people trade freely on many different levels. There are many complex interactions, from small business endeavors to massive projects, such as construction projects where binding agreements are essential.
Contract law is there to provide a framework to regulate activities. Contract law will rarely force an individual or co