This bestselling, classic textbook provides a clear and straightforward account of contract law, while also introducing current debates about the nature, scope and functions of the law and discussing wider controversies surrounding the basic doctrines. Written by one of the UK's leading experts on contract law, this book is compact yet comprehensive, well-structured, stimulating and engaging. New to this edition are `Hot topics', which flag up controversial issues for debate so that students can consider key issues and think critically about them, whilst also offering some insight from the author.
This is an ideal text for all students taking undergraduate and GDL/CPE courses in contract law. It would also be useful for professionals and business students requiring an understanding in simple terms of the nature and scope of contract law.
Ewan McKendrick QC (Hon) is Registrar and Professor of English Private Law at the University of Oxford, UK, where he is also a Fellow of Lady Margaret Hall. He is the author of a number of key works on contract law and commercial law, and is an editor of Chitty on Contracts. He is also a barrister in practice at 3 Verulam Buildings, Gray's Inn and a Master of the Bench of Gray's Inn.
1. Introduction.- PART I: THE FORMATION AND SCOPE OF A CONTRACT.- 2. Agreement: Clearing the Ground.- 3. Offer and Acceptance.- 4. Certainty and Agreement Mistakes.- 5. Consideration and Form.- 6. Intention to Create Legal Relations.- 7. Third Party Rights.- PART II: THE CONTENT OF A CONTRACT.- 8. What is a Term?.- 9. The Sources of Contractual Terms.- 10. The Classification of Contractual Terms.- 11. Exclusion Clauses.- PART III: POLICING THE CONTRACT.- 12. A Duty to Disclose Material Facts?.- 13. Misrepresentation.- 14. Common Mistake and Frustration.- 15. Illegality.- 16. Capacity.- 17. Duress, Undue Influence and Inequality of Bargaining Power.- 18. Unfair Terms in Consumer Contracts.- PART IV: PERFORMANCE, DISCHARGE AND REMEDIES FOR BREACH OF CONTRACT.- 19. Performance and Discharge of the Contract.- 20. Breach of Contract.- 21. Damages for Breach of Contract.- 22. Obtaining an Adequate Remedy.