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.
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.
http://www.oup.com/BGSentencing
I: Fundamentals
1: Sources and General Features
2: Principles
II: Formation
3: Agreement
4: Certainty
5: Formality
6: Consideration
7: Intent to Create Legal Relations
III: Capacity and Parties
8: Capacity
9: Third Parties and Co-Parties
10: Assignment and Agency
IV: Vitiation
11: Misrepresentation
12: Mistake
13: Duress
14: Undue Influence
15: Unconscionability
V: Illegality and Public Policy
16: Illegality
VIL Terms and Interpretation
17: Express Terms
18: Implied Terms
19: Good Faith
20: Interpretation of Written Contracts
21: Rectification
22: Exclusion Clauses and Consumer Protection
VII: Descharge and Breach
23: Termination By Notice or Consent
24: Breach
25: Incomplete Performance
26: Force Majeure and Frustration
VIII: Remedies for Default
27: Debt and Other Agreed Sums
28: Damages
29: Specific Performance and Other Equitable Remedies
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.
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.
*Sir Kim Lewison, Lord Justice of Appeal, England and Wales,
Cambridge Law Journal*
The distinctive - indeed to me knowledge unique - feature of this
book is that it adopts a different and fresh approach which gives
full recognition to the nature and texture of the common law. While
the author looks for principles that underpin the case law, he does
so at a high level - finding six major organising principles. In
discussing topics, he highlights and analyses significant cases,
with particular emphasis on cases recently decided. His footnotes
refer the reader to the latest academic commentary on controversial
points. And in forty-nine places where he finds the law uncertain
or in an unsatisfactory state, he provides a critical evaluation of
the topic.
*Lord Leggatt, Foreword*
The reader or user of this book is given an authentic sense of the
English common law of contract as a work in progress. The author
shows us which topics lie at the law's cutting-edge, how the case
law on any particular topic has developed or is developing and how
it might or should continue to develop. Readers are also reliably
directed to the main up-to-date material which will enable them to
engage in the process of interpretation or re-interpretation of the
relevant case law themselves.
*Lord Leggatt, Foreword*
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