Front cover image for Contract : cases and materials

Contract : cases and materials

"This casebook comprises a wide selection of cases and materials which not only illustrate the law but set it in its economic and social context. The cases and relevant statutes are accompanied by detailed comments and questions, which highlight difficulties and complexities in the law and help to place it in its legal and commercial setting. The book includes many extracts discussing the policies underlying contract law, and particularly features economic analysis of how the rules of contract law may be expected to influence the behaviour of contracting parties." "Through this well-chosen selection of extracts, explanatory commentary, and some stimulating questions, students are encouraged to challenge and analyse the information closely, thus taking their understanding to a deeper level."--BOOK JACKET
Print Book, English, 2008
Oxford University Press, Oxford, 2008
Quelle
lix, 1269 pages : illustrations ; 25 cm
9780199287369, 0199287368
155129600
Contracts and contract law
Contract, tort and restitution
The functions of contract law
Economic analysis of contract law
Empirical work
Consideration
Intention to create legal relations
Offer and acceptance
Uncertainty and incompleteness
Communication mistakes
Express terms in oral agreements
Contents of written contracts
Inaccurate information and misrepresentation
Gap-filling by interpretation
Implied terms
Discharge by frustration
Expectation mistakes
Discharge by construction
Duties of disclosure
Some preliminary questions
Withholding performance and termination for default
Damages
Literal enforcement
Restitutionary remedies
Why are promises binding?
Economic analysis of contract law
The impact of the empirical studies
Critical approaches to contract
Developing the relational contract notion
Fairness and distributive justice
Transformation thesis
Rescission, variation, waiver and promissory estoppel
Adjustments in longer term contracts
Duress
Undue pressure and undue influence
Unconscionable bargains
A general principle?
Standard-form contracts
Exclusion clauses
Unfair terms in consumer contracts
Regulated contracts
Contracts contrary to public policy
Contracts involving the commission of a crime or a tort
Contracts in restraint of trade
Agency
Privity and the benefit of a contract between others
Subsequent assignment of the benefit of a contract
Privity and burdens
Assignment and the burden of a contract
Includes index