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Treitel on the Law of Contract 11th Edition by G H Treitel ISBN 042178850X 9780421788503

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Treitel on the Law of Contract 11th Edition G.H. Treitel Digital Instant Download

Author(s): G.H. Treitel
ISBN(s): 9780421788503, 042178850X
Edition: 11th
File Details: PDF, 140.94 MB
Year: 2003
Language: english
SKU: EB-2086210 Category: Tag:

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ISBN 10: 042178850X 
ISBN 13: 9780421788503
Author: G H Treitel

The Law of Contract, now in its eleventh edition, is well established as the most thorough and perceptive treatment of contract law for students and as a source of reference for practitioners. The latest edition of Treitel explains and analyses the law of contract, and provides a detailed and clear examination of many areas of controversy and difficulty. The text has been extensively rewritten to take account of more than 350 new cases and of much new legislation. The most significant of the new developments include: * Discussion of a number of important decisions of the House of Lords such as Royal Bank of Scotland v Etridge on undue influence, Equitable Life v Hyman on implied terms and Director General of Fair Trading v First National Bank on unfair terms in consumer contracts * Among decisions of the lower courts, the most significant are The Great Peace which has led to a reconsideration of the text dealing with the effect of mistake in equity, and Baird Textile Holdings v Marks & Spencer plc which raises many issues of contractual intention, consideration and estoppel * Legislative changes include The Contracts (Rights of Third Parties) Act 1999, The Financial Services and Markets Act 2000, The Limited Liability Partnerships Act 2000 and The Unfair Terms in Consumer Contracts Regulations 1999.

Treitel on the Law of Contract 11th Table of contents:

Part I: AGREEMENT

  1. Offer and Acceptance
    • The Objective Test
    • Offer and Invitation to Treat
    • Acceptance
    • Termination of Offer
    • Certainty of Terms
  2. Mistake
    • Types of Mistake
    • Common Mistake
    • Mutual Mistake
    • Unilateral Mistake

Part II: CONSIDERATION, INTENTION AND FORM

  1. Consideration
    • The Concept of Consideration
    • Sufficiency and Adequacy
    • Performance of Existing Duty
    • Promissory Estoppel
  2. Intention to Create Legal Relations
    • Commercial Agreements
    • Domestic and Social Agreements
    • Collective Agreements
  3. Form
    • Contracts Requiring Special Form (e.g., deeds, contracts for land)

Part III: CONTENTS OF THE CONTRACT

  1. Terms of the Contract
    • Express Terms
    • Implied Terms (by custom, by statute, by common law)
    • Representations and Terms
  2. Exemption Clauses
    • Incorporation of Terms
    • Construction of Exemption Clauses
    • The Unfair Contract Terms Act 1977
    • Unfair Terms in Consumer Contracts Regulations 1999 (now Consumer Rights Act 2015)
  3. Vitiating Factors: Misrepresentation
    • Types of Misrepresentation (Fraudulent, Negligent, Innocent)
    • Remedies for Misrepresentation (Rescission, Damages)
    • The Misrepresentation Act 1967
  4. Vitiating Factors: Duress and Undue Influence
    • Duress (to the person, to goods, economic duress)
    • Undue Influence (actual, presumed)
    • Remedies for Duress and Undue Influence
  5. Vitiating Factors: Illegality and Public Policy
    • Contracts Illegal by Statute
    • Contracts Illegal by Common Law (e.g., against public policy)
    • Effects of Illegality

Part IV: CAPACITY

  1. Capacity
    • Minors’ Contracts
    • Corporations
    • Persons of Unsound Mind and Drunken Persons
    • Agency

Part V: PRIVITY OF CONTRACT

  1. Privity of Contract
    • The Doctrine of Privity
    • Exceptions to Privity (e.g., agency, assignment, trusts)
    • The Contracts (Rights of Third Parties) Act 1999

Part VI: PERFORMANCE AND DISCHARGE

  1. Performance
    • Strict Performance
    • Substantial Performance
    • Severable Contracts
  2. Discharge by Agreement
    • Waiver, Accord and Satisfaction, Novation
  3. Discharge by Breach
    • Types of Breach (Anticipatory, Actual)
    • Conditions, Warranties, Innominate Terms
    • Consequences of Breach (Termination, Damages)
  4. Discharge by Frustration
    • The Doctrine of Frustration
    • Events Causing Frustration (e.g., supervening illegality, impossibility)
    • Effects of Frustration (Law Reform (Frustrated Contracts) Act 1943)

Part VII: REMEDIES FOR BREACH

  1. Damages
    • Principles of Damages (Compensation)
    • Remoteness of Damage (Hadley v Baxendale)
    • Measure of Damages (Expectation, Reliance, Restitutionary)
    • Mitigation of Loss
    • Liquidated Damages and Penalties
  2. Specific Performance and Injunction
    • Discretionary Nature of Equitable Remedies
    • When Specific Performance is Granted or Refused
    • Injunctions in Contract
  3. Restitution
    • Unjust Enrichment
    • Claims for Money Paid
    • Claims for Work Done

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