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- A contract is nothing more than an agreement between two or more people that each will do something in exchange for receiving something. Regardless of whether a contract has hundreds of pages of fine print or consists of a few words and a handshake, there are four broad categories of legal issues that come up again and again.
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6. Contract. Whether a bargain is a good one or a bad one doesn’t affect whether a contract has been formed. (Although in some extreme cases, it may affect whether the law will enforce that contract.) Freedom of contract means that we are all free to make a bad bargain.
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11 Introduction to Contract Law. Learning Objectives. After reading this chapter, you should understand the following: What role contracts play in society today. What a contract is. The sources of contract law. Some basic contract taxonomy. The required elements of a contract: mutual assent, consideration, legality, and capacity.
- P R I N C I P L E S A N D C O N T E X T
- CONTENTS
- Chapter 1 Some basic questions
- Chapter 2 Themes and perspectives
- Chapter 4 Preparing to make a contract
- Chapter 5 Formation
- Chapter 6 Preliminary agreements
- PART III
- Chapter 10 Interpreting contracts
- Chapter 11 Limiting or extending liability
- Chapter 13 Varying terms
- PART V
- Chapter 16 Termination of contracts
- PART VII
- PREFACE
Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating...
Preface Table of cases Table of statutes Acknowledgements PART I
What is a contract? Why should promises be enforced? How and when did contract law develop? What are the sources of contract law? What are the boundaries of contract law? A law of contract or a law of contracts? How is this book organised?
Contracts in practice: inequality of bargaining power Contracts in practice: the (ir)relevance of contract law From freedom of contract to welfarism From doctrine to discretion From paper to smart contracts: the rise of e-commerce Codification and harmonisation Theoretical and critical analysis
Preparing and settling the terms Obligations to disclose information Other regulation of pre-contractual conduct Anticipated contracts that fail to materialise
Introduction Intention to create legal relations Establishing agreement Conditional contracts Consideration Certainty and completeness Capacity Formalities Vitiating factors
Introduction A question of intention Agreements to negotiate
Conferring a benefit on a third party Imposing a burden on a third party Reform of the privity doctrine
How courts ascertain meaning Admissible evidence in interpretation disputes Principles of interpretation
The nature and use of exemption clauses Interpreting and applying exemption clauses Statutory controls on exemption clauses Guarantees Indemnities
How contracts can be varied The requirement for fresh consideration Policing variations Estoppel and waiver Rectification Statutory powers of variation
Introduction Defining frustration Examples of frustration Limits on frustration The effects of frustration Is the doctrine of frustration unsatisfactory?
How and why contracts can end Termination for non-performance: common law rights Express rights to terminate Implied rights to terminate without cause Exercising a right to terminate Termination by agreement
Introduction Statutory illegality Public policy and the ex turpi causa principle Restraint of trade
It is hard to think of a more foundational legal subject than contract law. Most forms of legal practice involve advising on issues or disputes involving contracts – which is precisely why it is a compulsory area of study in any law degree (and often business degrees as well). But more than that, contracts are central to modern life. For most of us...
Learning Objectives. After studying this chapter, you should be able to: Explain the sources of contract law. Discuss a basic taxonomy for classifying contracts. Describe the key terms that are used to identify types of contracts. 5.1 General Perspectives on Contracts. Introduction to Contract Law.
Dec 19, 2022 · Introduction. Contract Law: A Beginner's Guide. A research guide providing an overview of contract law resources, including treatises, uniform laws, drafting guides, and the Uniform Commercial Code. Authors: Note: Guide Created: Last Updated: Introduction.
American Contract Law I (along with its sister course Contracts II) provides a comprehensive overview of contract law in the United States. The course covers most of the key concepts found in a first year law school class. Each lecture is based on one or more common-law cases, integrating legal doctrines with policy discussions.
Apr 23, 2023 · Learning Objectives. After reading this chapter, you should understand the following: Why and how contract law has developed. What a contract is. What topics will be discussed in the contracts chapter of this book. What the sources of contract law are. How contracts are classified (basic taxonomy) 8.1: General Perspectives on Contracts.
