CONTRACT AS ASSUMPTION ESSAYS ON A THEMEPDF电子书下载

1. Introduction 1

2. The Essence of Contract 7

Introduction 7

Textbook Definitions 10

Contract Theories 13

The Secret Paradox 24

The Failure of Traditional Contract Theories 28

The Reaction Against Classical Concepts of Contract 29

The Need for a More Inclusive Theory 37

A Suggested Solution to the 'Secret Paradox' 38

The Essence of a Contract 42

Some Consequences 42

The Contemporary Near-Contracts 47

Conclusion 50

3. Consideration and Benefit in Fact and in Law 53

The Facts 53

The Judgment 54

The Meaning of the Decision 56

An Explanation for the Decision 56

Bilateral Contracts 57

Unilateral Contracts 58

Conclusion 60

4. Consideration and the Variation of Contracts: A Different Solution 61

5. Consideration and the Joint Promisee 65

The Arguments for the Joint Promisee Principle 67

Two Fallacies 69

Joint Promisee as Promisor 74

Unilateral Contracts 75

Conclusion 76

Addendum 76

6. The Function of Exception Clauses 81

The Current Approach 81

Are Exception Clauses Substantive or Procedural In Their Effect? 83

Can the Parties to a Contract Create Rights Intended by Them to be Unenforceable? 84

A Different Approach Suggested 86

A Suggested Classification of Exception Clauses 88

The Interpretation of Exception Clauses In Relation to Their Function 90

Some Special Consequences of the Exception Form 92

Conclusions 95

Addendum 95

7. The Second Rise and Fall of Fundamental Breach 99

Discharge for Breach and Deviation Distinguished 100

The Function of Exception Clauses 105

The Suisse Atlantique Case 107

The Second Version of Fundamental Breach 109

The Securicor Case 115

The Significance of Securicor for the Future 119

Conclusion 125

8. Contract Damages, Ruxley, and the Performance Interest 127

The Ruxley case 128

A Basic Ambiguity in Contract Damages 130

Damages as Protection of the Performance Interest 130

Other Protections of the Performance Interest 132

Extending the Potential Inclusiveness of Performance Protection 133

The Compensation Principle 134

Reinstatement and Repair: Building Contracts 146

Difference in Value in Building Cases 147

Three Questions 149

The Place of General Damages 157

Summary and Conclusions 158

Addendum: Two Recent Cases 159

9. The Performance Interest, Panatown, and the Problem of Loss 165

The Arguments 166

The Problem of Characterisation 168

The Narrow Ground 169

The Albazero Exception 170

The Broad Ground 174

Who Suffered the Loss? 176

The Position Where Both Have Suffered Loss 178

Conclusion 179

10. Contract not Trust: Some Questions About the Contracts (Rights of Third Parties) Act from Another Perspective 181

Contract or Not? 182

A New Form of Contract? 184

The Availability of Equitable Remedies 186

Failure of Consideration 187

Defences Available to the Promisee 188

Conclusion 190

11. Assumption of Responsibility and Pure Economic Loss in New Zealand 191

Assumption of Legal Liability in Tort 193

Assumption of Non-Tort Obligation 203

Assumption of a Task 208

Conclusion 209

Index 211