Documents

Contract Law in Perspective

Categories
Published
of 258
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Share
Description
Contract law
Transcript
  CONTRACT LAW INPERSPECTIVE Fifth Edition Linda MulcahyBirkbeck CollegeUniversity of London  First published by Butterworths Ltd.The third and fourth editions of this book were published by Cavendish Publishing Limited.Fifth edition published 2008 by Routledge-Cavendish,2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RNSimultaneously published in the USA and Canada by Routledge-Cavendish270 Madison Ave, New York, NY10016 Routledge-Cavendish is an imprint of the Taylor & Francis Group, an informa business © 2008 Linda MulcahyAll rights reserved. No part of this book may be reprinted or reproduced or utilised in any formor by any electronic, mechanical, or other means, now known or hereafter invented, includingphotocopying and recording, or in any information storage or retrieval system, withoutpermission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Mulcahy, Linda, 1962–Contract law in perspective / Linda Mulcahy. – 5th ed.p. cm.1. Contracts–England. 2. Contracts–Wales. I. Title.KD1554. M85 2008346. 4202–dc222007050662ISBN 13: 978-0-415-44431-6 (hbk)ISBN 10: 0-415-44431-4 (hbk)ISBN 13: 978-0-415-44432-3 (pbk)ISBN 10: 0-415-44432- 2  (pbk) This edition published in the Taylor & Francis e-Library, 200 8 .“To purchase your own copy of this or any of Taylor & Francis or Routledge’scollection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” ISBN 0-203- 88580 - 5  Master e-book ISBN  CONTENTS Preface xiTable of cases xiiiTable of statutes and legislation xixList of figures and boxes xxi PART ONE: INTRODUCTION 1. INTRODUCTION, AIMS AND GENERAL PRINCIPLES 3 GENERAL PRINCIPLES: THE NATURE AND CONTENT OFCONTRACT LAW 5STRUCTURE OF THE BOOK 5CONCLUDING REMARKS 6REFERENCES AND FURTHER READING 7 2. THE SAD TALE OF ANGIE AND GEORGIE 9 INTRODUCTION 9LOVE AT FIRST SIGHT 9A NEW BEGINNING 10THE BUSINESS THRIVES 10THINGS START TO GO WRONG 11ATTEMPTS TO GET THEMSELVES OUT OF THE MESS 12THINGS GET REALLY SERIOUS 13GEORGIE AND ANGIE SEEK HELP 14THE END OF A BEAUTIFUL RELATIONSHIP AND START OFANOTHER… 15QUESTIONS 22 PART TWO: BIG IDEAS IN THE LAW OF CONTRACT 3. THE RISE AND FALL OF FREEDOM OF CONTRACT 25 INTRODUCTION 25LEGAL AND OTHER VIEWS OF CONTRACT 25THE RELATIONSHIP BETWEEN THE COURTS AND THE MARKET 28THE CHANGING NATURE OF CONTRACT 29POWER IN THE MODERN MARKETPLACE 30CONCLUDING REMARKS 34REFERENCES AND FURTHER READING 35QUESTIONS 35 4. FROM FORMALISM TO REALISM: CONTEMPORARY CRITIQUESOF CONTRACT LAW 37 INTRODUCTION 37SOCIO-LEGAL APPROACHES TO CONTRACT LAW 37NON-CONTRACTUAL RELATIONS IN BUSINESS 39FEMINIST CRITIQUES OF CONTRACT 42RELATIONAL CONTRACT THEORY 43CONCLUDING REMARKS 44  vi Contents REFERENCES AND FURTHER READING 45QUESTIONS 46 PART THREE: MAKING A DEAL 5. APPROACHES TO FINDING AGREEMENT ANDPRE-CONTRACTUAL NEGOTIATIONS 49 INTRODUCTION 49DEFINITIONS, FORM AND OBJECTIVITY 49WHAT ARE THE COURTS LOOKING FOR? 51CRITICS OF THE FORMALIST APPROACH 52CASE STUDIES OF ALTERNATIVE STYLES OF REASONING 53CONCLUDING REMARKS 55REFERENCES AND FURTHER READING 55QUESTIONS 56 6. THE MOMENT OF RESPONSIBILITY: KEY CONCEPTS INDETERMINING WHETHER AGREEMENT HAS BEEN REACHED 57 INTRODUCTION 57OFFERS, INVITATIONS TO TREAT AND ADVERTISEMENTS 57COUNTER OFFERS 60COMMUNICATION OF THE ACCEPTANCE 61ELECTRONIC COMMUNICATION 63CONCLUDING REMARKS 66REFERENCES AND FURTHER READING 66QUESTIONS 66 7. THE MOMENT OF RESPONSIBILITY: LAW AND PRACTICE 69 INTRODUCTION 69THE BATTLE OF THE FORMS 69PERFORMANCE DURING FORMATION OF THE CONTRACT 71CERTAINTY 74COMFORT LETTERS 78‘LOCK-OUT’ AGREEMENTS 79TENDERS, REASONABLE RELIANCE OR LEGITIMATEEXPECTATION 79CONCLUDING REMARKS 81REFERENCES AND FURTHER READING 81QUESTIONS 82 8. CONSIDERATION AND ESTOPPEL 85 INTRODUCTION 85CONTRACT AS BARGAIN AND EXCHANGE 85ECONOMIC VALUE 86BARGAIN AND THE TIMING OF CONSIDERATION 87CONSIDERATION AND EXISTING CONTRACTUAL DUTIES 88STRETCHING CONSIDERATION TO ITS LIMITS 90EXCHANGE OR REASONABLE RELIANCE 92
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks