An outline of the law of contractPDF电子书下载

1 Introduction 1

1 Definition of contract 1

2 Contract and contracts 1

3 Agreement 2

4 Freedom of contract 3

5 Reasons for enforcing contracts 5

6 Common law and equity 6

2 Agreement 8

1 Offer and invitation to treat 8

2 Acceptance and counter-offer 11

3 Communication of acceptance 12

4 Postal acceptance 13

5 Method of acceptance prescribed by offer 16

6 Silence as acceptance 16

7 Acceptance requires knowledge of offer 17

8 Unilateral contracts 18

9 Termination of offer 19

10 Cases in which there is no identifiable offer and acceptance 22

11 Vague or incomplete agreements 23

12 Conditional agreements 25

13 International sales of goods 26

3 Consideration 27

1 Definition 27

2 Gratuitous and onerous promises 28

3 Benefit and detriment 30

4 Irrelevance of adequacy of consideration; nominal consideration 31

5 Past consideration is insufficient 32

6 Consideration must move from the promisee 33

7 Mutual promises as consideration 34

8 Compromises and forbearances 37

9 Existing duties as consideration 39

10 Promissory estoppel 44

11 Part payment of a debt 46

12 Irrevocable offers 50

4 Contractual Intention 52

1 Intention negatived by the terms of the agreement 52

2 Vague agreements 53

3 Discretionary agreements 54

4 Social and domestic agreements 55

5 Other illustrations 56

5 Form 58

1 Nature and purpose of formal requirements 58

2 Form generally not required 59

3 Types of formal requirements 60

4 Rescission and variation of written contracts 61

5 Effects of failure to use the required form 62

6 The Contents of a Contract 66

1 Ascertainment of express terms 66

2 Implied terms 67

3 The parol evidence rule 70

7 Standard Terms and Exemption Clauses 76

1 Incorporation of exemption clauses 77

2 The scope of exemption clauses 80

3 The effectiveness of exemption clauses at common law 89

4 The Unfair Contract Terms Act 1977 92

5 Other legislation 98

8 Mistake 100

1 Introduction 100

2 Mistakes which may nullify consent 101

3 Mistakes which may negative consent 113

4 Documents signed under a mistake 123

9 Misrepresentation 126

1 General requirements 127

2 Effects of misrepresentation 131

3 Non-disclosure 147

10 Improper Pressure 152

1 Duress 152

2 Undue influence 153

3 Protection of particular groups of persons 154

4 Inequality of bargaining power 156

11 Illegality 158

1 Contracts contrary to law 159

2 Contracts contrary to public policy 163

3 Contracts in restraint of trade 170

4 The effects of illegality 181

12 Contractual Capacity 194

1 Persons below the age of majority 194

2 Mental patients 205

3 Drunken persons 206

4 Corporations 206

5 The Crown 210

6 Other public authorities 212

13 The Parties to a Contract 214

1 A and B make a promise to X 215

2 A makes a promise to X and Y 217

3 A makes a promise to X for the benefit of Y 220

4 A makes a contract with X purporting to bind Y 229

14 Transfer of Contractual Rights 234

1 The position before 1875 235

2 Effects of the Judicature Act 1873 237

3 Assignment distinguished from authority to pay 240

4 Formalities 241

5 Notice to the debtor 242

6 Consideration 242

7 The assignee's title 246

8 Negotiability distinguished from assignment 248

9 Limits on assignability 249

10 Involuntary assignment 252

11 Assignment distinguished from transfer of liabilities 253

15 Agency 257

1 Introduction 257

2 Creation of agency 259

3 Effects of agency 268

4 Termination of agency 276

16 Performance and Breach 278

1 The duty to perform 279

2 Method of performance 284

3 Rescission for failure in performance 285

4 Anticipatory breach 305

17 Frustration 308

1 Operation of the doctrine 309

2 Limitations on the doctrine 314

3 Legal consequences of frustration 318

18 Remediesfor Breach of Contract 322

1 Classification 322

2 Damages 324

3 Action for an agreed sum 356

4 Specific enforcement 358

5 Restitutionary remedies 366

index 371