Description
Book SynopsisThis 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; t
Trade Reviewthis 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 *
Table of ContentsI: 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
