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This new work contains the most current analysis of the English law of contract. Contract Law in Practice enables easy access to the essence of judgements, and includes clear explanations of the law, especially where the law is unsatisfactory, undecided, or lacks certainty. Written by Neil Andrews--an experienced author--this highly valuable book is essential for all commercial lawyers and anyone interested in this fundamental area of the law.With precise links to cases and important passages of the leading judgements, the analysis is founded in the words of the judgments themselves, enabling clear interpretation of their impact on the shape of the law and easy access to judicial discussion. The coverage is comprehensive, and emphasis is made upon interpreting and elucidating difficult or undecided topics. Substantial references to further reading throughout enable easy research for the reader.The author identifies six key principles of contract law: freedom of contract; objectivity; the contractual bond principle; estoppel; good faith and fair dealing; and the compensation principle. These principles support the analytical rigour of Contract Law in Practice and provide the framework in which the author clarifies difficult aspects of the law.
Neil Andrews is Professor of Civil Justice and Private Law at Clare College, University of Cambridge, where he has taught since 1983. He is a member of the American Law Institute and his research focuses on contract law, civil procedure, and dispute resolution.
I: Fundamentals1: Sources and General Features2: PrinciplesII: Formation3: Agreement4: Certainty5: Formality6: Consideration7: Intent to Create Legal RelationsIII: Capacity and Parties8: Capacity9: Third Parties and Co-Parties10: Assignment and AgencyIV: Vitiation11: Misrepresentation12: Mistake13: Duress14: Undue Influence15: UnconscionabilityV: Illegality and Public Policy16: IllegalityVIL Terms and Interpretation17: Express Terms18: Implied Terms19: Good Faith20: Interpretation of Written Contracts21: Rectification22: Exclusion Clauses and Consumer ProtectionVII: Descharge and Breach23: Termination By Notice or Consent24: Breach25: Incomplete Performance26: Force Majeure and FrustrationVIII: Remedies for Default27: Debt and Other Agreed Sums28: Damages29: Specific Performance and Other Equitable Remedies
this book is a refreshing overview of the current state of English contract law, frequently enlivened by Professor Andrews' vivid turn of phrase... it is a valuable addition to the literature.
Edmund Burke, Peter Ed Ward, Peter Ed. Ward, W. M. Elofson, John A. Woods, University of Calgary) Elofson, W. M. (Assistant Professor of History, Assistant Professor of History, the late John A. Woods
Anne Brontë, Anne Bronte, Anne Bront, Herbert Rosengarten, Vancouver) Rosengarten, Herbert (Chairman of the Department of English, Chairman of the Department of English, University of British Columbia