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Contract Law
Text, Cases, & Materials
Third Edition
Ewan McKendrick
1,136 pages
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246x189mm
978-0-19-920801-2
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Paperback
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17 July 2008
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- Well-chosen extracts from cases and academic commentaries, complete with detailed introductions, extract notes, and extensive comments within each chapter, help to guide students through the key areas of contract law
- Extensive referencing throughout enables and encourages students to further research the subject
- Authoritative author renowned for his engaging written style makes the text stimulating and interesting for students to read
- Accompanied by a test bank providing multiple choice questions for lecturers to test student progress and understanding
- Supported by an Online Resource Centre containing updates, web-links, and extra cases and materials linked to the book allowing students to keep abreast of the latest developments, ensuring they are well prepared at exam time
New to this edition - A new two-colour text design enables students easily to distinguish author commentary from the cases and materials
- A reduction of c.100 pages ensures that the text maintains its focus on undergraduates and maps to courses as closely as possible
- The text has been thoroughly updated to ensure all recent developments are covered
Authored by one of the leading authorities in the field, this account of the modern law of contract is a popular text with students and lecturers alike. Presenting a unique balance of 40% text to 60% cases and materials, the book can be used both as a stand alone text and as a companion volume to a short introductory textbook. Through this fresh approach to the subject, students obtain a firm understanding of the central doctrines and associated controversies.
Comprehensive coverage is presented in a logical structure that maps closely onto courses, and stimulating commentary is delivered through detailed
introductions, extract notes and extensive comments within each chapter. Extended extracts illustrate points clearly, and promote the essential skills of case-reading, encouraging more detailed analysis of salient points, while analysis of key academic commentaries on issues of controversy, contract clauses etc is also included to provide a well-rounded discussion.
Extracts from materials such as the Principles of European Contract Law, and the UNIDROIT Principles for International Commercial Contracts are incorporated throughout to provide a useful point of comparison with English Law - encouraging critical reflection upon the state of the English system and illustrating how the law of contract is regarded in other jurisdictions. Specimen clauses are also cited to
demonstrate some of the practical problems that confront both businessmen and lawyers, offering students working examples of complex issues. Questions are placed at key points throughout the text to encourage further consideration and reflection of complex or controversial issues, while extensive referencing promotes further research. Written in a familiar and engaging style, this book offers a thought-provoking and well-balanced argument aimed squarely at undergraduates.
Online Resource Centre
· Updates on case law, new legislation and academic commentary
· A test bank of 150 multiple choice questions with answers and feedback
· Extra material to enable students to find out more about areas of particular interest,
such as incapacity and illegality
Readership: Suitable for undergraduates and postgraduates undertaking courses in contract law as part of their degree programme.
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Ewan McKendrick, Herbert Smith Professor of English Private Law and Pro-Vice-Chancellor, University of Oxford.
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""... provides a comprehensive account of the law and leading cases and materials. It is, and continues to be, one of the best, if not the best, text, cases and materials book on contract law." Student Law Review"
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Preface
Acknowledgements
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Treaties, Conventions, and European Legislation
1: Introduction
Part 1 Formation
2: Agreement: Objective or subjective?
3: Offer and acceptance
4: Uncertain and incomplete agreements
5: Consideration and promissory estoppel
6: Formalities
7: Intention to create legal relations
Part II Terms
8: The terms of the contract
9: Incorporation of terms
10: Implied terms
11: The interpretation of contracts
12: Boilerplate clauses
13: Exclusion clauses
14: Unfair terms in Consumer Contracts Regulations 1999
15: Good Faith
Part III Setting the contract aside
16: Mistake
17: Misrepresentation
18: Duress
19: Undue influence
20: Unconscionability and inequality of bargaining power
21: Frustration and Force Majeure
Part IV Remedies for breach
22: Breach of contract and termination
23: Damages
24: Specific performance
Part V Third party rights
25: Third parties
Index
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