Contract Law

CONTRACT AND RESTITUTION

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Key Textbooks in Contract and Restitution

■ Beale, Bishop and Furmston: Contract Cases and Materials 5e

■ Beatson: Anson's Law of Contract 28e

■ Burrows, McKendrick and Edelman: Cases and Materials on the Law of Restitution 2e

■ Chen-Wishart: Contract Law

■ Furmston: Cheshire, Fifoot and Furmston's Law of Contract 15e

■ Koffman and Macdonald: Law of Contract 5e

■ McKendrick: Contract Law: Text, Cases and Materials 2e

■ O’Sullivan and Hilliard: The Law of Contract 2e

■ Poole: Casebook on Contract Law 8e

■ Poole: Textbook on Contract Law 8e

■ Smith: Atiyah's Introduction to the Law of Contract 6e

SEE ALSO: Rose: Statutes on Contract, Tort and Restitution 2006-2007 17e


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places substantive law in its legaland commercial context ...illuminated with insightfulauthor commentary

"The Beale, Bishop and Furmston 'Casebook'has become indispensable to teachers of thelaw of contract..."

The SLS Reporter – on a previous edition

This outstanding casebook on contractcomprises a wide selection of cases andmaterials that not only illustrates thesubstantive law, but places it in its legal andcommercial context. It demonstrates how therules work both inside and outside thecourtroom and how they may be used toguide agreements, as well as to settledisputes. The cases and relevant statutes areilluminated with insightful authorcommentary, as the authors highlightdifficulties in the law, encouraging studentsto take their understanding to a higher level.

This is an essential text for anyundergraduate contract law student, and isalso a valuable purchase for studentsembarking on postgraduate study.

NEW TO THIS EDITION

■ Chapter summaries allow students tocheck their understanding of the materialin an accessible, user-friendly format

■ An Online Resource Centre featuresannual updates and useful web links, toensure readers can continue to benefitfrom the text while keeping up-to-datewith developments in the law.

CONTENTS: Part I - Introduction; 1. Contracts and contract law;2. Contract, tort and restitution; 3. The functions ofcontract law; 4. Economic analysis of contract law; 5. Empirical work; Part II - Enforceable types ofpromise; 6. Consideration; 7. Intention to create legalrelations; Part III - Has an agreement beenreached?; 8. Offer and acceptance; 9. Uncertaintyand incompleteness; 10. Communication mistakes;Part IV – Obligations and risks; 11. Express terms inoral agreements; 12. Contents of written contracts;13. Inaccurate information and misrepresentation;14. Gapfilling by interpretation; 15. Implied terms;16. Discharge by frustration; 17. Expectationmistakes; 18. Discharge by construction; 19. Duties ofdisclosure; Part V - Remedies; 20. Some preliminaryquestions; 21. Withholding performance andtermination for default; 22. Damages; 23. Literalenforcement; 24. Restitutionary remedies; Part VI -Contract theory; 25. Why are promises binding?; 26. Economic analysis of contract law; 27. Theimpact of the empirical studies; 28. Criticalapproaches to contract; 29. Developing the relationalcontract notion; 30. Fairness and distributive justice;31. Transformation thesis; Part VII - Changing thebargain; 32. Rescission, variation, waiver andpromissory estoppel; 33. Adjustments in longer-termcontracts; Part VIII - Policing the bargain; 34. Duress; 35. Undue pressure and undue influence;36. Unconscionable bargains; 37. A generalprinciple?; 38. Standard form contracts; 39. Exclusionclauses; 40. Unfair terms in consumer contracts; 41. Regulated contracts; Part IX - Illegality; 42. Contracts contrary to public policy; 43. Contractsinvolving the commission of a crime or a tort; 44. Contracts in restraint of trade; Part X -Intermediaries, third parties and assignment; 45. Agency; 46. Privity and the benefit of a contractbetween others; 47. Subsequent assignment of thebenefit of a contract; 48. Privity and burdens; 49. Assignment and the burden of a contract

1,314 pp September 2006 £31.99 0-19-928736-8 978-0-19-928736-9Paperback

ContractCases and MaterialsFifth Edition HUGH G. BEALE, Honorary Bencher of Lincoln's Inn; Professor of Law, University of Warwick, Law Commissioner for England and Wales WILLIAM D. BISHOP, Chairman, Lexecon (Consultant Economists),

MICHAEL P. FURMSTON, Bencher of Gray's Inn; Emeritus Professor and SeniorResearch Fellow, University of Bristol

NEW EDITION


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”This is a new edition of the establishedTextbook on Contract Law by Professor JillPoole. Designed specifically forundergraduates new to the subject, this textoffers an accessible, informative, andengaging account of the modern law ofcontract. This eighth edition providescomprehensive, up-to-date coverage of keytopics. The text opens with an overview ofthe key theories and issues surroundingcontract law which places the subject in itswider context, then goes onto a detailedtreatment of all key topics.

■ Provides a straightforward,comprehensive, and accessibleintroduction to contract law

■ Covers key contemporary topics, such ase-contracts and the impact of the HumanRights Act, to keep the student up-to-date with the latest developments

■ Each chapter includes a chapter summary,which draws together key themes andissues, selected further reading lists, anduseful web links to guide studentstowards the most relevant and up-to-dateresources available.

The Online Resource Centre providesessential updating, sample questions,suggestions for further reading, web links,and guidance on successful exam technique,enabling students to keep up-to-date on anongoing basis, and providing additionalresources for study and revision. For lecturersthe Online Resource Centre includes a newtest bank containing ready-made questionsto download, providing a time-saving andeffective teaching resource.

CONTENTS: 1. Introduction to the law of contract;

Part I - Formation; 2. Agreement; 3. Agreementproblems; 4. Consideration, promissory estoppel andform; 5. Intention to create legal problems;

Part II - Content, interpretation, performance, anddischarge; 6. Content of the contract and principlesof interpretation; 7. Exemption clauses and unfaircontract terms; 8. Discharge by performance,agreement, and breach;

Part III – Enforcement of contractual obligations,overview of the law on remedies for breach ofcontract; 9. Damages for breach of contract; 10. Remedies providing for specific relief andrestitutionary remedies; 11. Privity of contract andthird party rights; 12. Discharge by frustration:subsequent impossibility;

Part IV - Methods of policing the making of thecontract; 13. Non-agreement mistake; 14. Misrepresentation; 15. Duress, undue influence,and unconscionable bargains; 16. Illegality andcapacity to contract

610 pp May 2006 £23.99 0-19-928248-X 978-0-19-928248-7Paperback

How exactly are your books “designed forstudents new to the subject”?

Contract law can appear to be a technical,and therefore difficult, area of law and it isoften studied at a time when students arerelatively new to the study of law. Theperception of difficulty can be most easilyovercome if the law is presented in a clear,structured and readable format whilst atthe same time providing sufficient detail,authoritative discussion and breadth ofcoverage of the most relevant legalprinciples and case law.

As a student I found that the best way tostay in control of my studies of any legalsubject was through adopting a frameworkor structure for the principles and case lawand seeking to ensure that I understoodeach principle and the relevant authoritiesbefore moving on. This can be challengingwhen new topics are presented weekly andmy aim in writing Textbook and Casebookon Contract Law has been to provide astudent-friendly structure, and to use thecase law to explain the reasoning forparticular principles and how principlemight develop further. I don’t believe inmaking the subject any more difficult thanit needs to be. Textbook therefore explainscontractual principles with the aim ofpresenting a comprehensive and cohesiveaccount in a clear and uncomplicatedmanner.

The same aims underpin the treatment inCasebook on Contract Law. I want to assiststudents to organize contract case law, tounderstand through reading the extractsfrom judgments exactly how particulardecisions fit into the general body of

The contents of Poole’s textbook and casebook now follow use the textbook and casebook in tandem

Textbook onContract LawEighth Edition JILL POOLE, Professor of Commercial Law, University of the West of England

NEW EDITION


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contract law principles. This process enablesstudents to develop a confidence in theirown ability to learn and evaluate whenfaced with reading full and lengthyjudgments.

It is intended that each chapter of Casebookcan be used as a cohesive account ofprinciple, supporting the discussion inTextbook.

So how easy is it to use both books side-by-side?

Publication of the eighth edition of bothbooks in the same year has given me theopportunity to complete the alignment ofthe structure of these books so that theycan be used together as an effective, clearand cohesive learning package. In theseeditions the chapter headings and structuremirror one another and the topic order isthe same. This should assist in the processof understanding the relevant law andretaining a sense of control over what canappear to be a voluminous andunmanageable knowledge base.

What if students still have questions on aparticular issue?

I am grateful for the many generouscomments in emails from students and alsofor the questions which help me to gaugethose issues in contract law which studentsconsider the most challenging. The numberof emails seeking advice and assistance hasgrown considerably over the past two yearsand I am happy to respond to any questionsstemming from discussion in either theTextbook or Casebook.

JILL POOLE

■ Can be used as a traditional casebook or asa companion to Poole's Textbook onContract Law

Jill Poole's best-selling Casebook on ContractLaw provides a clear and well-structuredexplanation of the principles and rules ofcontract law through a comprehensiveselection of case law, addressing all aspectsencountered on undergraduate courses in aclear and logical structure that is easy forstudents to follow. The coverage in this newedition has been revised to incorporate allrecent significant decisions and judgmentsmade by the House of Lords and the Court ofAppeal.

Extracts have been chosen from a wide rangeof historical and contemporary cases toillustrate the reasoning processes of the court,why decisions are made, and how legalprinciples are developed, thus enabling cases tobe analysed and discussed independently while,taken as a whole, the chapters provide a soundunderstanding of the modern law of contract.Succinct author commentary focuses thereader on the key elements within the extracts,while thought-provoking questions are posedthroughout to develop more in-depth analysis.

■ Introductory chapter provides valuableguidance on how to develop the essentialskill of case-reading, offering first yearstudents extra advice and support

■ The two-colour text design enablesstudents to differentiate easily betweenextracts and author commentary

■ Supported by an Online Resource Centrethat provides updates, self-test questionsand answers, advice on how to answerproblem-style questions, and guidance onhow to read cases, ensuring students haveaccess to the most up-to-date information,as well as acting as an additional learningresource.

www.oxfordtextbooks.co.uk/orc/poolecasebook8e/

CONTENTS: 1. Guidance on reading cases and analysing case law; 2. Agreement; 3. Certainty and agreement problems; 4. Consideration, promissory estoppel and form; 5. Intention to create legal relations; 6. Terms andcontractual interpretation; 7. Exemption clauses andunfair contract terms; 8. Discharge for breach ofcontract; 9. Remedies for breach of contract; 10. Privityof contract and third party rights; 11. Discharge byfrustration; 12. Common mistake; 13. Misrepresentation; 14. Duress, undue influence andinequality of bargaining power; 15. Illegality andcapacity to contract

765 pp August 2006 £26.99 0-19-929029-6 978-0-19-929029-1Paperback

Casebook onContract LawEighth Edition JILL POOLE, Professor of Commercial Law, University of the West of England

NEW EDITION

the same chapter order and structure making it easier to


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Atiyah's Introduction to the Law of Contractis a well-known text through whichthousands of university students have firstencountered the law of contract, and thenew edition has long been eagerly awaitedby university teachers and students.

The sixth edition, updated by Stephen Smith,continues to provide readers with anintroduction to the theories, policies, andideas that underlie the law, placing an equalemphasis on the law and critical analysis. Inparticular, the discussion of recent cases andlegislation is centred on why contract law isthe way it is, whether it can be justified, and,if not, what should be done to improve it.

The sixth edition has been revised to placethe law of contract in a modern context andto account for recent developments in thelaw, as well as those in academic thinkingand writing. Addressing European influencesand including perspectives from comparativelaw, this remains a stimulating andauthoritative exposition of the modern lawof contract.

■ An innovative and authoritativeexposition of the modern law of contractoffering readers an illuminating accountof the subject

■ Regarded as a landmark textbook inEnglish legal scholarship, it is widelyrecognized as one of the most interestingand innovative books to have beenpublished on contract law in recent years

■ Takes a critical and argumentativeapproach, engaging readers in debatesabout the meaning and value of the law

■ A comprehensive treatment of contractlaw makes this book ideal for use on allundergraduate courses.

NEW TO THIS EDITION

■ The revised contents reflects variouschanges in contract law teaching andscholarship that have taken place inrecent years

■ Updated to include a critical overview ofthe Unfair Terms in Consumer ContractsRegulations 1999 and the Contracts(Rights of Third Parties) Act 1999, as wellas developments in unjust enrichment.

CONTENTS: 1. Introduction; 2. Definition and classification;

Part I - Formation of contracts; 3. Offer andacceptance; 4. Beyond offer and acceptance:formalities, intent to create legal relations, andconsideration;

Part II - The content of the contract; 5. Expressterms; 6. Implied terms; 7. The force and scope ofcontractual obligations: standards of care, mistake,frustration, breach, and notice; 8. Unenforceablecontracts and terms;

Part III - Excuses for non-performance; 9. The dutyto disclose material facts; 10. Misrepresentation; 11.Duress and undue influence; 12. Unfair contracts;

Part IV - Enforcing the contract; 13. Third partyrights; 14. Remedies for breach of contract

Clarendon Law Series

480 pp February 2006 £28.99 0-19-924941-5 978-0-19-924941-1Paperback

Atiyah'sIntroduction to theLaw of ContractSixth Edition STEPHEN A. SMITH, Professor and William Dawson Scholar, McGill University

NEW EDITION


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The Law of ContractSecond Edition JANET O'SULLIVAN, Fellow and Director in Law at Selwyn College, Cambridge, JONATHAN HILLIARD, Barrister at Wilberforce Chambers, London

The Law of Contract is an innovativetextbook, presenting the core of thetraditional contract syllabus in a way thatreaders will find useful and stimulating onmany different levels. For students whoneed an accessible, modern introduction tothe subject, it presents the law in a direct,engaging style, with helpful tips forunderstanding its complexities andstructuring answers to legal problems. Butfor those who wish to probe more deeply, italso analyses in detail the relevant legal

principles, addressing current controversies and placing the law in itscommercial context. In particular, the book explores academiccommentary on the law of contract, summarizing and explaining thearguments and their implications.

■ An accessible and modern introduction to contract law suitable foruse on all undergraduate law courses

■ Focusing on the fundamentals of contract law and the rationalesunderlying them, this book takes students to the heart of keyissues

■ Each chapter includes a summary, suggestions for further reading,self-test questions and a general overview helping studentsengage more fully with the subject

■ A clear page layout incorporating numbered paragraphs for quickand easy reference

■ Second edition thoroughly updated to incorporate all the changesin contract law since the publication of the first edition in 2004.

CONTENTS: 1. General themes and issues; 2. Offer and acceptance I: General principles; 3. Offer and acceptance II: three applications of the general principles; 4. Certainty; 5. Contracts which fail to materialise; 6. Consideration and estoppel; 7. Privity; 8. Terms of the contract I: exemption clauses and unfair terms; 9. Terms of contractII: exemption clauses and unfair terms; 10. Misrepresentation and non-disclosure; 11. Duress; 12. Undue influence; 13. Unconscionable bargains; 14. Incapacity; 15. Illegality and public policy; 16. Common mistake; 17. Frustration; 18. Discharge ofa contract for breach; 19. Remedies I: compensatory damages; 20. Remedies II:specific remedies; 21. Remedies III: other non-compensatory remedies

Core Text Series

560 pp August 2006 £19.99 0-19-929032-6 978-0-19-929032-1 Paperback

Cheshire, Fifoot andFurmston's Law of ContractFifteenth Edition M. P. FURMSTON, Bencher of Gray's Inn, Emeritus Professorof Law and Senior Research Fellow, University of Bristol

"...for a quick reference guide this isprobably the best book available onEnglish contract law"

Litigation - on a previous edition

This fifteenth edition of Cheshire, Fifoot &Furmston's Law of Contract remains one ofthe leading textbooks on the subject morethan fifty years after the publication of itsfirst edition. Michael Furmston's expositionis comprehensive and clear, and describesall the major principles of the English law

of contract, providing students with a thought-provoking analysis andintellectual insight into contract law.

This text represents an authoritative, yet accessible source ofinformation and analysis for students studying the law of contractand law of obligations. In addition to this each chapter containsnumerous references to primary and secondary sources to take thestudent even further into the subject. The book is clearly structuredwith a summary at the start of each chapter, clear sub-headings, andfootnotes, to ensure easy navigation through the narrative text.

NEW TO THIS EDITION

■ The revised contents ensure the text maps even more closely toundergraduate contract courses

■ Now supported by an Online Resource Centre which featuresannual updates and web links, to ensure the reader has access tothe latest developments in contract law.

CONTENTS: 1. Historical introduction; 2. Some factors affecting modern contract law; 3. Thephenomena of agreement; 4. Consideration; 5. Intention to create legal relations;6. The contents of the contract; 7. Unenforceable contracts; 8. Mistake; 9. Misrepresentation, duress and undue influence; 10. Contracts rendered void bystatute; 11. Contracts illegal by statute or at common law; 12. Contracts void atcommon law on grounds of public policy; 13. Capacity of parties; 14. Privity ofcontract; 15. Privity of contract under the law of agency; 16. The voluntaryassignment of contractual rights and liabilities; 17. The involuntary assignment oncontractual rights and liabilities; 18. Performance and breach; 19. Discharge byagreement; 20. Discharge under the doctrine of frustration; 21. Remedies forbreach of contract; 22. Quasi-contract

830 pp August 2006 £31.99 0-19-928756-2 978-0-19-928756-7 Paperback

NEW EDITION

NEW EDITION


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Contract Law MINDY CHEN-WISHART, Fellow of Merton College, Lecturerat Oxford University

This textbook provides an accessible andengaging account of the intricacies ofcontract law and the problems that canarise during the life of a contract. Theseproblems, along with their solutions, arediscussed in detail using everyday languagethat stimulates thought and reflection. Inaddition, coloured diagrams provide avisual explanation of the conceptsdescribed in the text.

■ Clarity of explanation using everyday language makes criticaldebate and difficult areas of the law readily accessible

■ Colour diagrams, flowcharts and tables provide a visualrepresentation of the complexities of the law, thereby helpingstudents to easily put these into context

■ Features such as counterpoint and reflection boxes encouragestudents to reflect on their reading and to fully consider counterarguments

■ Key points and questions are clearly listed at the end of eachchapter and encourage students to assess their understanding andprepare for their revision

■ Comprehensive treatment of contract law makes this book suitablefor all undergraduate contract law courses

■ Accompanied by a test bank of multiple choice questions forstudents to test their progress and understanding.

CONTENTS: 1. Introduction; Part I - Contract information; 2. The test of intention: objectivityand mistake of terms; 3. Agreement; 4. Enforceability; Part II - Vitiating factors; 5.Misrepresentation and non-disclosure; 6. Mistake of fact; 7. Frustration; 8. Duress;9. Exploitation; Part III - The contents of contracts; 10. Identifying contractualterms; 11. Interpretation of terms; 12. Direct control over terms; Part IV - Breachand remedies for breach; 13. Breach of contract and termination; 14. Damages;15. Specific and agreed remedies; Part V- Privity; 16. Privity

737 pp March 2005 £25.99 0-19-926814-2 978-0-19-926814-6 Paperback

Contract LawText, Cases, and MaterialsSecond Edition EWAN MCKENDRICK, Professor of English Private Law, University of Oxford

Written by one of the leading authoritiesin this field of law, this book offersstudents a firm understanding of thecentral doctrines of contract law and thecontroversies associated with them.Presenting a unique balance of 1/3 text to2/3 cases and materials, the book can beused both as a stand alone text and as acompanion volume to a short introductorytextbook.

Extracts from materials such as thePrinciples of European Contract Law and the UNIDROIT Principles forInternational Commercial Contracts are incorporated throughout toprovide a useful point of comparison with English Law - encouragingcritical reflection upon the state of the English system and illustratinghow the law of contract is regarded in other jurisdictions. Specimenclauses are also cited to demonstrate some of the practical problemsthat confront both businessmen and lawyers, offering studentsworking examples of complex issues.

Questions are placed at key points throughout the text to encouragefurther consideration and reflection of complex or controversialissues, while extensive referencing promotes further research. Writtenin a familiar and engaging style, this book offers a thought-provokingand well-balanced argument aimed squarely at undergraduates.

This book is supported by an Online Resource Centre providingstudents and lecturers with critical summaries, web links, extra casesand materials and recent updates. There is also a test bank with 150multiple choice questions with answers and feedback.

CONTENTS: 1. Introduction; Part I - Formation; 2. Agreement: objective or subjective?; 3. Offerand acceptance; 4. Uncertain and incomplete agreements; 5. Consideration andpromissory estoppel; 6. Formalities; 7. Intention to create legal relations; Part II - Terms; 8. The terms of the contract; 9. Incorporation of terms; 10. Impliedterms; 11. The interpretation of contracts; 12. Boilerplate clauses; 13. Exclusionclauses; 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 ofbargaining power; 21. Incapacity; 22. Illegality and public policy; 23. Frustrationand force majeure; Part IV - Remedies for breach; 24. Breach of contract; 25. Damages; 26. Specific performance; Part V - Third party rights; 27. Thirdparties

1,322 pp March 2005 £33.99 0-19-927480-0 978-0-19-927480-2 Paperback


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The Law of ContractFifth EditionLAURENCE KOFFMAN, Reader in Law, Director of UndergraduateStudies at the Sussex Institute, University of Sussex,ELIZABETH MACDONALD, Professor of Law, University of WalesSwansea, Department of Law

"Laurence Koffman and ElizabethMacdonald's The Law of Contract... buildsstrongly on highly regarded previouseditions"

The Times Higher Education Supplement

The Law of Contract is the completeintroductory guide to all aspects ofcontract law. It gives a thoroughexplanation of the law, sharply focusedcommentary and an in-depth analysis ofthe case law. This new edition continues

the tradition of providing a sound grounding in this often complexarea of the law. It contains extensive revisions, with a completeupdate of all the important developments.

CONTENTS: 1. Introduction to the study of contract law; 2. Formation of the contract; 3. Certainty and completeness; 4. Consideration; 5. Promissory estoppel; 6. Intention to create legal relations; 7. Express and implied terms; 8. Contingencies, classification of terms and entire contracts; 9. Exemptionclauses; 10. Exemption clauses and the unfair contract terms; 11. Unfair terms inconsumer contract regulations 1999; 12. Mistake; 13. Misrepresentation; 14. Duress and undue influence; 15. Illegality; 16. Unconscionability andunfairness; 17. Capacity; 18. Privity and third party rights; 19. Performance andbreach; 20. The doctrine of frustration; 21. Remedies; 22. An outline of the law ofrestitution; 23. Agency

762 pp 2004 £29.99 0-75-452445-0 978-0-75-452445-8 Paperback

Contract LawThemes for the Twenty-First CenturySecond Edition ROGER BROWNSWORD, Professor of Law, Kings College London;Honorary Professor in Law, University of Sheffield

In this unique volume, Roger Brownswordprovides a thoughtful overview of theprincipal themes of the law of contract. Itincludes a discussion of a range of classicaland modern influences over the currentlaw, which provides a contextualbackground to inform students' studies. Heexplores the context of the recentdevelopment of contract law, and considersthe many changes the law has undergonegiven the ever-evolving nature of Englishlaw.

NEW TO THIS EDITION

■ An introductory chapter and conclusion have been added to makethe text more accessible to its student readership

■ Includes discussion of recent cases/legislation such as the GreatPeace Shipping case and the Human Rights Act, making it an idealup-to-date supplementary text for undergraduates

■ The issue of contextual interpretation is addressed, together with adiscussion on the Europeanization of contract law, which furtherbroadens its appeal across different contract courses.

CONTENTS: 1. Introduction; 2. The nature of contract; 3. Freedom of contract; 4. Inequality ofbargaining power; 5. Reasonableness; 6. Good faith; 7. The tendency of themodern law; 8. The globalization of contract law; 9. The interfaces of contractlaw; 10. The rationality of contract law; 11. Conclusion

225 pp July 2006 £17.99 0-19-928761-9 978-0-19-928761-1 Paperback

NEW EDITION

Anson's Law of ContractTwenty-eighth Edition SIR JACK BEATSON QC, FBA, Justice of the High Court, Queen’s Bench Division

“Anson’s Law of Contract, under the stewardship of Jack Beatson, remains one of the finest expositions of Englishcontract law available… for a clear, readable and authoritative exposition of the general principles of contract law, itis impressive indeed.” Lloyd’s Maritime and Commercial Law Quarterly

■ Anson’s trademarks are reliability, authority and clarity - this edition continues to offer the most accuratestatement of the law of contract and its underlying principles

■ Comprehensive, in-depth coverage of all elements of contract law - addressing all the topics on contemporarycourses in sufficient detail

■ New format and page design, bringing the look and feel of this new edition in line with contemporary studentneeds.

CONTENTS: 1. Introduction; Part I - Formation of contract; 2. The agreement; 3. Form, consideration, and promissory estoppel; 4. The terms of the contract; Part II - Factors tendingto defeat contractual liability; 5. Incapacity; 6. Misrepresentation and non-disclosure; 7. Duress, undue influence, and unconscionable bargains; 8. Mistake; 9. Illegality;Part III - Limits of the contractual obligation; 10. Third parties; 11. Assignment and negotiability; Part IV - Performance and discharge; 12. Performance; 13. Dischargeby agreement; 14. Discharge by frustration; 15. Discharge by breach; 16. Discharge by operation of law; Part V - Remedies for breach of contract; 17. Damages; 18. Specific remedies; 19. Restitutionary awards; 20. Limitation of actions; Part VI - Agency; 21. Creation of agency; 22. Effect of agency; 23. Termination of agent’sauthority

836 pp 2002 0-19-876576-2 978-0-19-876576-9 Paperback £33.99 0-19-925603-9 978-0-19-925603-7 Hardback £75.00


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Contract TheorySTEPHEN A. SMITH, Professor and William Dawson Scholar, McGill University

■ Offers a comprehensive account of contract theory - eliminatingthe need for extensive reference to long and complex articles

■ Explains theoretical arguments in non-technical language

■ Written by a leading contributor to the field.

CONTENTS: Part I - Methodology; 1. What is contract theory?; Part II - General theories ofcontract; 2. Introduction to general theories: classification and overview; 3. Thenature of contractual obligations: the analytic question; 4. The justification ofcontractual obligations: the normative question; Part III- Contract law doctrines;5. Establishing agreement: the law of offer and acceptance; 6. The kinds ofagreements that are enforced: formalities, intention to create legal relations,consideration, and estoppel; 7. The kinds of agreements not enforced: substantivelimitations on enforceability; 8. The content of the contract: interpreting andimplying terms; 9. Excuses for non-performance: duress, unconscionability,mistake, misrepresentation, frustration, and discharge for breach; 10. Breach ofcontract: the puzzle of strict liability; 11. Remedies for breach


478 pp 2004 £19.99 0-19-876561-4 978-0-19-876561-5 Paperback

Remedies for Torts and Breachof ContractThird EditionANDREW BURROWS, Norton Rose Professor of Commercial Law,University of Oxford, Fellow of St Hugh’s College; Honorary Bencherof Middle Temple

Now in its third edition, this popular texthas been comprehensively rewritten to takeaccount of all new developments in thelaw, as well as Law Commission reports andacademic writings. The book has also beenrestructured and divided into parts whichcorrespond to the primary functions of theremedies for torts and breach of contract,namely compensation, restitution andpunishment, compelling performance orpreventing (or compelling the undoing of)a wrong, and declaring rights.

CONTENTS: 1. General introduction; Part I - Compensation; 2. Introduction to compensatorydamages: types of loss, compensatory aims and theoretical underpinnings; 3. Factualcausation; 4. Proof of loss and loss of a chance; 5. Contractual reliance damages; 6. Principles limiting compensatory damages; 7. Compensating advantages; 8. Formof compensatory damages, date for assessment, taxation; 9. Pecuniary loss (exceptconsequent on personal injury, death or loss of reputation); 10. Personal injury losses;11. Losses on death; 12. Loss of reputation; 13. Mental distress or physicalinconvenience (except consequent on personal injury or death); 14. Awards of intereston damages; 15. Limitation periods; 16. Equitable (compensatory) damages; Part II -Restitution and punishment; 17. Restitutionary remedies (for torts and breach ofcontract); 18. Punitive damages; Part III - Compelling performance or preventing (orcompelling the undoing of) a wrong; 19. The award of an agreed sum; 20. Specificperformance; 21. Injunctions; 22. Delivery up; Part IV - Declaring rights; 23. Nominaland contemptuous damages and declarations; Part V - Remedies for availablewrongs; 24. Remedies for equitable wrongs

756 pp 2004 £35.00 0-40-697726-7 978-0-40-697726-7 Paperback

Cases and Materials on theLaw of RestitutionSecond EditionANDREW BURROWS QC, Norton Rose Professor of Commercial Law,University of Oxford, Fellow of St Hugh’s College; Honorary Bencherof Middle Temple, EWAN MCKENDRICK, Professor of English Private Law, University ofOxford, Fellow of Lady Margaret Hall; member of Chambers, 3 Verulam Buildings, Gray's Inn,JAMES EDELMAN, CUF lecturer, University of Oxford, Fellow of KebleCollege; Barrister, Western Australia; Adjunct Professor of Law,University of Western Australia.

The law of restitution has developedrapidly in the last two decades and thisedition revises and updates the hugelysuccessful first edition to reflect the manydevelopments since its publication nineyears ago. It continues the formula of thefirst edition by combining a comprehensivecoverage of cases with extracts fromleading academic authorities. Students areguided through the cases and materialswith introductions, notes and questionswhich clarify the issues and stimulate thereader.

■ A comprehensive collection of the key cases and leading extractsin restitution

■ Notes and questions at the end of each extract focus students’attention to salient issues

■ Tight, logical structure guiding the reader through the law ofrestitution

■ Up-to-date coverage of this rapidly developing area of private law

■ Contains cases and academic commentary of comparative law.

CONTENTS: 1. Unjust enrichment and competing theories; 2. The essential ingredients of arestitutionary claim; 3. Mistake; 4. Ignorance; 5. Failure of consideration; 6. Illegitimate pressure; 7. Undue influence and exploitation of weakness; 8. Legalcompulsion: compulsory discharge of another’s legal liability; 9. Necessity; 10. Illegality as a ground for restitution; 11. Incapacity as a ground for restitution;12. Ultra vires demands by public authorities; 13. Restitution for wrongs; 14. Tracing and proprietary restitution; 15. Defences

1,000 pp November 2006 £45.00 0-19-929651-0 978-0-19-929651-4 Paperback

NEW EDITION

An Outline of the Law ofContractSixth Edition G. H. TREITEL, Honorary Bencher of Gray's Inn, Fellow of All SoulsCollege, Vinerian Professor of English Law, University of Oxford

The sixth edition of this classic text has been extensively updated andre-written to take into account all the legislative changes since thelast edition. It examines thoroughly such legislation as the Contracts(Rights of Third Parties) Act 1999, the Competition Act 1998, theFinancial Services and Markets Act 2000, the Enterprise Act 2002, theUnfair Terms in Consumer Contracts Regulations 1999, the ConsumerProtection (Distance Selling) Regulations 2000 and the Sale andSupply of Goods to Consumers Regulations 2002.

CONTENTS: 1. Introduction; 2. Agreement; 3. Consideration; 4. Contractual Intention; 5. Form;6. The contents of a contract; 7. Standard terms and exemption clauses; 8. Mistake; 9. Misrepresentation; 10. Improper pressure; 11. Illegality; 12. Contractual capacity; 13. The parties to a contract; 14. Transfer of contractualrights; 15. Agency; 16. Performance and breach; 17. Frustration; 18. Remedies forbreach of contract

516 pp 2004 £19.99 0-40-697268-0 978-0-40-697268-2 Paperback

The Principles of the Lawof RestitutionSecond EditionGRAHAM VIRGO, Reader in English Law, Fellow and Senior Tutor ofDowning College, Cambridge

This book seeks to analyse the law ofrestitution, namely that body of law whichis concerned with the award of remedieswhich are assessed by reference to a gainmade by a defendant rather than a losssuffered by the claimant. It focuses onthose claims which are founded on unjustenrichment, but also considers the awardof restitutionary remedies following thecommission of a wrong and claimsinvolving the recovery of the claimant'sproperty. The law is analysed by focusing

on the principles which underpin the subject.

800 pp June 20060-19-929850-5 978-0-19-929850-1 Paperback £39.990-19-928753-8 978-0-19-928753-6 Hardback £80.00


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The Common Law of ObligationsThird Edition JOHN COOKE AND DAVID OUGHTON 738 pp 2000 £29.99 0-40-690414-6 978-0-40-690414-0Paperback

Critical Introduction to RestitutionSTEVE HEDLEY402 pp 2001 £24.990-40-693241-7 978-0-40-693241-9Paperback

The Law of RestitutionSecond Edition ANDREW BURROWS694 pp 2002 £31.99 0-40-693244-1 978-0-40-693244-0Paperback

An Introduction to the Law ofRestitution Revised Edition The Late PETER BIRKS 522 pp 1989 £41.49 0-19-825645-0 978-0-19-825645-8Paperback

Statutes on Contract, Tort andRestitution 2006-2007Seventeenth EditionFRANCIS ROSEBlackstone’s Statutes714pp August 2006 £14.99 0-19-928817-8 978-0-19-928817-5Paperback

Q&A: Law of Contract 2005-2006Fifth EditionIAN BROWN AND ADRIAN CHANDLER Q&A298 pp January 2005 £13.99 0-19-927653-6 978-0-19-927653-0Paperback

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NEW EDITION

Unjust EnrichmentSecond EditionThe Late PETER BIRKS former Regius Professor of Civil Law, All Souls College, University of Oxford

This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. Itorganises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant’sexpense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth iswhether the defendant has any defences. This second edition was revised and updated by Peter Birks before hisdeath from cancer in 2004 at the age of 62. It represents the final thinking of the world’s leading authority on thesubject.

CONTENTS: Part I - Introduction; 1. A core case; 2. Three maps; Part II - Enrichment at the expense of the claimant; 3. Enrichment; 4. At theexpense of the claimant; Part III - Unjust; 5. Changing direction; 6. Absence of basis; Part IV - The right to restitution; 7. Rights inpersonam; 8. Rights in rem; Part V - Defences; 9. Disenrichment and disimpoverishment; 10. Unjust-related defences; Part VI - Competing terminology; 11. Competing generics; 12. Persistent fragments


354 pp January 2005 £26.99 0-19-927698-6 978-0-19-927698-1 Paperback

Contract Law

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Transcript of Contract Law