Contract Law

Peter Clarke

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, along with legal remedies when things go wrong. The book is concise and clear and updates the law to 2019.

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 février 2019
• Nombre de lectures: 1
• EAN13: 9781847169488
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO
CONTRACT LAW
Peter Clarke
Straightforward Guides
www.straightforwardco.co.uk
Straightforward Guides
Straightforward Co Ltd 2019
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 978-1-84716-887-0 ePUB ISBN: 978-1-84716-948-8 Kindle ISBN: 978-1-84716-955-6
Printed in the United Kingdom by 4edge www.4edge.co.uk
Editor: Roger Sproston
Cover Design by Bookworks Derby
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this book is accurate at the time of going to print, the author and publisher recognise that the information can become out of date.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
Retailers websites
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
Minors and capacity
Corporations
Registered companies
Statutory companies
Chartered corporations
Contracts which must be by deed
Contracts which must be in writing
Electronic contracts
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
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
Misrepresentation in contracts
Representation and terms of contract
Mistake
Rectification
Refusal of specific performance
Duress
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
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
7. Duress and Undue Influence
Duress
Compulsion or coercion of the will
Threats of violence
Threats of unlawful restraint
Threats to property
Undue influence
Inequality of bargaining power
Illegitimate pressure
Manifest disadvantage
8. Third Party Rights
The rights of third parties
Express provision in the contract
Contract confers a benefit on a third party
Consent to variations
Common law exceptions
Agency
Assignment
Novation and assignment
Collateral contracts
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
10 Remedies for Breach of Contract
Damages
Causation
Remoteness
Mitigation
Calculating any loss
Action for an agreed sum
Restitution
Equitable remedies
Specific performance
Injunctions
Consumer contracts and breaches of statutory rights
Remedies agreed by the parties
Glossary of terms
Index
Table of Cases (Alphabetical Order)
Adams v Lindsell (1818)
Allcard v Skinner 1887
Anderson v Daniel (1924)
Amalgamated InvestmentLtd 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 Commerece v Aboody (1989)
Barton and Armstrong (1975)
Bettini v Gye (1876)
Benningfield v Baxter 1886
Beswick v Beswick (1968)
Blackpool and Fylde v Blackpool Borough Council (1990)
Bowerman v Association of British Travel
Bull v Pitney Downs Ltd (1966)
Butler Machine Tool v Ex-Cell-O Corporation (1978)
British Concrete Ltd v Scheff 1921
British Road Services v Crutchley (Arthur V) Ltd (1968)
Boulton v Jones (1857)
Bolton v Mahadevta (1972)
Car and Universal Finance Co Ltd v Caldwell (1965)
Carlill v Carbolic Smokeball (1893)
Central London Property Trust v High Trees (1947)
Clements v London New rail Co (1894)
Cooperative Insurance Society v Argyll Stores Ltd (1997)
County Ltd v Girozentrale Securities (1996)
Couturier v Hastie (1856)
Cundy V Lindsey (1878).
Currie V Misa (1875)
Cutter v Powell (1795)
Davis Contractors Co Ltd v Fareham UDC (1956)
De Francisco v Barnum (1889)
Doyle v White City Stadium (1935)
Dunlop Pneumatic Tyre Co Ltd v New Garage (1915)
East Ham v Newcastle United FC (1963)
English Hop Growers v Dering (1928)
Entorres v Miles Far East (1955)
Errington v Errington (1952)
Esso Petroleum Ltd v Hopes Garage (Stockport) 1968
Express v Kafco (1989)
Felthouse v Bundy (1862)
Fitch v Dawes (1921)
Fisher v Bell (1961)
Forster and Sons Ltd v Suggett 1918
Frost v Knight (1872)
Good Challenger v Metal Exportimport SA (2004)
Gulling v Lynn 1831
Glasbrook Brothers v Glamorgan County Council (1925)
Gibson v Manchester City Council (1979)
Hadley v Baxendale (1854).
Hadley v Kemp (1990)
Hanover Insurance Brokers Ltd and Christchurch Insurance Brokers v Shapiro (1984)
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 Ltd v Saxeby 1916
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)
Inland Revenue Commissioners v Fry 2001.
JA Mont (UK) Ltd v Mills 1993
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
Makdesi v Cavendish Square Holdings BV (2013)
Mcrae v Commonwealth Disposals Commission (1951)
Mehta v J Pereira Fernades SA (2006)
North Ocean Shipping Co v Hyundai Shipping (1979)
Norden Peldt v Maxim Nordern Peldt Guns and Ammunition (1894)
Construction Co (The Atlantic Baron) (1979)
Overy v Paypal (Europe) Ltd 2012.
Page One Records Ltd v Britton (1968)
Panayiotou v Sony Misic (1994)
Partridge v Crittendon (1968).
Pau v Lau Yiu Long (1980)
Pearce v Buin (1929)
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)
Scotson v Pegg (1861).
Shirlaw v Southern Foundries (1926).
Scott v Coulson (1993).
Shanklin Pier Ltd v Detel Products Ltd (1951).
Smith v Hughes (1871)
Steinberg v Scala (Leeds) Ltd (1923)
Stenhouse (Australia) Ltd v Phelps 1974
Superservant Two (1990)
Tamplin v James (1879)
Taylor v Caldwell (1863)
Taylor v Laird (1856)
Thomas v Thomas (1842)
Ward v Byham (1956)
Warren V Mendy (1989)
Walker v Boyle (1982)
Warner Bros Pictures v Nelson (1937)
William v Roffey Bros (1991)
White v Bluett (1853)
Whittington v Seale-Hays (1900)
White and Carter Ltd (Councils) v McGregor (1962)
Williams v Bayley (1886)
Ch. 1
Introduction

This latest book in the Straightforward Guides Series, A Straightforward Guide to Contract Law, Revised Edition, updated to 2019 is a comprehensive and easy to understand introduction to the complex area of contract law. The book covers key changes to contract law that arise from the introduction of the Consumer Rights Act 2015.
These changes relate to sale and supply law in the context of consumer contracts-in particular the implied promises made by a trader, and the corresponding rights of the consumer. Certain pre-contract information supplied by a trader in a B2C (buyer to consumer) contract may also become terms.
Other significant changes affecting contract law include the changes to consumer law governing unfair contract terms, with the enactment of a single regime governing B2C contracts in Part 2 of the Consumer Rights Act 2015 and the separation of the legislative regulation of exemption clauses in B