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1
Law of contract in India: The doctrine of consideration. New Delhi: Deep & Deep Publications, 1985.
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2
United States. Government Accountability Office. Iraq contract costs: DOD consideration of Defense Contract Audit Agency's findings : report to Congressional Committees. Washington, D.C: U.S. Government Accountability Office (441 G St. NW, Rm. LM, Washington, D.C. 20548), 2006.
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3
(Firm), West, ed. The elements of contract drafting with questions and clauses for consideration. 3rd ed. St. Paul, MN: Thomson/West, 2011.
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4
Authority, Sea Fish Industry, and Commission of the European Communities. Directorate-General for Fisheries., eds. Consideration of recently tested methods for changing the selectivity of towed fishing gears: Concerted Action contract. Hull: Sea Fish Industry Authority, 1995.
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5
Broadbent, Jane. Practice managers and practice nurses: Gatekeepers and handmaidens : a consideration of the effects of the new generalpractitioner contract. Sheffield: Sheffield University Management School, 1994.
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6
United States. Congress. House. Committee on Rules. Providing for the consideration of H.R. 3136, the Contract with America Advancement Act of 1996: Report (to accompany H. Res. 391). [Washington, D.C.?: U.S. G.P.O., 1996.
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7
United States. Congress. House. Committee on Rules. Providing for the consideration of H.R. 3136, the Contract with America Advancement Act of 1996: Report (to accompany H. Res. 391). [Washington, D.C.?: U.S. G.P.O., 1996.
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8
Rules, United States Congress House Committee on. Providing for the consideration of H.R. 1215, the Contract with America Tax Relief Act of 1995: Report (to accompany H. Res. 128). [Washington, D.C.?: U.S. G.P.O., 1995.
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9
United States. Congress. House. Committee on Rules. Providing for the consideration of H.R. 1215, the Contract with America Tax Relief Act of 1995: Report (to accompany H. Res. 128). [Washington, D.C.?: U.S. G.P.O., 1995.
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10
United States. Congress. House. Committee on Rules. Providing for consideration of the bill (H.R. 2740) to require accountability for contractors and contract personnel under federal contracts, and for other purposes: Report (to accompany H. Res. 702). Washington, D.C: U.S. G.P.O., 2007.
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11
George III, King of Great Britain, 1738-1820. and Great Britain. Sovereign (1760-1820 : George III), eds. By the King, a proclamation: Whereas we have taken into our royal consideration the extensive and valuable acquisitions in America, secured to our crown by the late definitive treaty of peace, concluded at Paris the tenth day of February last ... London: Printed by Mark Baskett ... and by the assigns of Robert Baskett, 2000.
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12
George III, King of Great Britain, 1738-1820. and Great Britain. Sovereign (1760-1820 : George III), eds. By the King, a proclamation: Whereas we have taken into our royal consideration the extensive and valuable acquisitions in America, secured to our crown by the late definitive treaty of peace, concluded at Paris the tenth day of February last .. London: Printed by Mark Baskett ... and by the assigns of Robert Baskett, 1987.
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13
Committee, New Jersey Legislature General Assembly Labor. Public hearing before Assembly Labor Committee: To review the efforts of the Department of Community Affairs to enforce the Carnival-Amusement Rides Safety Act, P.L. 1975, with special consideration of the impact of P.L. 1989, enacted on April 29, 1998. Trenton, N.J. (PO Box 068, Trenton 08625): The Committee, 1999.
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14
Michael, Furmston, Tolhurst G J, and Mik Eliza. 10 Denial of Legally Binding Effect. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0010.
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An agreement is legally enforceable only if it is supported by valuable consideration and there is an intention to contract. This chapter focuses on this requirement of an intention to contract which must exist in all the parties. It discusses the use of presumptions; the presumptions and threshold intention; consideration and intention to contract; family and social agreements; and commercial agreements. The final section deals with letters of comfort. When a bank is approached for finance by a subsidiary of a large company, any initial offer of finance usually will be subject to security being provided by the parent company. Where the parent company is not prepared to provide security, it may provide the bank with a letter of comfort. These letters take three principal forms. The first type acknowledges the subsidiary's loan application and states that it is the policy of the parent company to ensure that its subsidiaries meet their loan obligations. The second type acknowledges the subsidiary's loan application and states that it intends to maintain its shareholding in the subsidiary. The third type simply acknowledges the loan application.
15
Child, Lee. Good and Valuable Consideration: Jack Reacher vs. Nick Heller. Simon & Schuster, 2014.
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16
Elements of Contract Drafting With Questions and Clauses for Consideration (American Casebook Series). West Publishing Company, 2003.
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17
Michael, Furmston, Tolhurst G J, and Mik Eliza. 12 Consideration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0012.
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This chapter focuses on the doctrine of consideration, the most unique aspect of the common law of contract, not replicated in any other system. It first considers the history and then says something about the function and definition of the doctrine before going on to discuss the rules in detail. These include the adequacy of consideration; nominal consideration; situations where it has been held that a promise or act is not acceptable as consideration; consideration must be referrable to the promise; consideration must move from the promisee (but not necessarily to the promisor); past consideration is not consideration; consideration must not be illusory; performance of existing legal duties; part payment of a debt is not consideration for a promise to discharge debt; exceptions to the consideration rules; and estoppel.
18
Casebook on Contract. Bloomsbury Publishing Plc, 2020.
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19
Casebook on Contract. Bloomsbury Publishing Plc, 2016.
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20
Michael, Furmston, and Tolhurst Gregory. Contract Formation. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.001.0001.
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This text provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the text draws upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.
21
The Elements of Contract Drafting with Questions and Clauses for Consideration (American Casebook Series). 2nd ed. West Group, 2006.
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22
McKendrick, Ewan. Contract Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855293.001.0001.
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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 60% text to 40% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.
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McKendrick, Ewan. Contract Law. 10th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192856548.001.0001.
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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 60 per cent text to 40 per cent cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.
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McKendrick, Ewan. Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198808169.001.0001.
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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 40% text to 60% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.
25
A Casebook on Contract. Hart Pub, 2007.
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26
A Casebook on Contract. Portland, USA: Hart Publishing, 2007.
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27
Naidoo, André. Complete Contract Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198749868.001.0001.
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This book provides choice extracts, supported by clear commentary and useful learning features. The text starts with an introduction to contract law. Part I looks at creating the contract, with coverage of the offer, acceptance, the legal partnership, and consideration and promissory estoppel. Part II is about the content of the contract and performance. It looks at the terms of the contract, exemption clauses, and unfair terms and issues related to breach and termination of the contract. Part III is about enforcement of the contract. It considers compensatory damages following a breach as well as third-party rights and non-compensatory remedies. Part IV explains the facts that end a contract such as misrepresentation, duress, frustration, and mistake.
28
Taylor, Richard, and Damian Taylor. Contract Law Directions. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836599.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
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Taylor, Richard, and Damian Taylor. Contract Law Directions. 8th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870593.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its eighth edition, to all aspects of contract law. It is structured in four parts. Part 1 looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part 2 is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part 3 examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
30
Taylor, Richard, and Damian Taylor. Contract Law Directions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797739.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties
31
Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840442.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897336.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the common law doctrine of duress and the equitable doctrine of undue influence.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803850.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement such as whether the terms are sufficiently certain and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
34
Han, Tan Cheng. Contract Formation in Singapore. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0008.
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The Singapore law on contract formation largely replicates the English law which it inherited and is covered by the Application of English Law Act 1993 ‘so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require’. The offer and acceptance approach to contract formation is mediated through the objective test of intention taking account of the circumstances in which the words or conduct are to be interpreted; but if one party’s mistaken expression is known to the other, there is no valid contract. Where such an analysis is difficult, the courts may imply contracts or perfect contracts if the parties’ intention to contract is clear. Offers are distinguished from ‘invitations to treat’ since the former evince an intention to be bound by acceptance, while the latter do not. Offers can be revoked at any time before acceptance and, in the absence of consideration, even before the expiry of the time for which the offers are stated to be open.
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Hesselink, Martijn W. Justifying Contract in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192843654.001.0001.
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This book explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanized? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be held legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, the book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by law makers, legal academics, and other stakeholders. The book moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations, and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
36
Yamashita, Yoshikazu. Formation of Contract in Japan. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0012.
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This chapter provides insights into the law on contract formation in Japan. The Japanese approach is traditional, requiring an agreement which, in turn, normally requires an offer and matching acceptance, according to the mirror image rule. Once offers become effective, the 1898 Japanese Civil Code severely restricts their revocability. This is in tune with the mostly German origins of Japanese contract law. However, the drafters of the Code deliberately followed the common law in one respect: the offeree’s acceptance becomes effective as soon as it is dispatched. This is highly controversial and in 2001 was abolished for acceptances by electronic means. Ongoing major reform of Japanese contract law will probably extend this solution to all contracts. Japanese law has no doctrine of consideration and has traditionally eschewed formal requirements as a prerequisite for the validity or enforceability of contracts. More recently, formalities have been introduced, first, for certain consumer contracts, then for contracts of suretyship. A particular feature of Japanese law pertaining to contract formation is the strong duty to negotiate in good faith.
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Macdonald, Elizabeth, and Ruth Atkins. Koffman & Macdonald's Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198752844.001.0001.
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Koffman & Macdonald’s Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, the Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts, mistake, misrepresentation, duress and undue influence, illegality, unconscionability, privity, performance and breach, frustration, damages, and specific enforcement, as well as companion website chapters on capacity and an outline of the law of restitution. Many new cases and legislative developments are covered in the ninth edition, such as Armchair Answercall Ltd v People in Mind Ltd, Blue v Ashley, Cavendish Square Holding BV v Talal El Makdessi, ParkingEye Ltd v Beavis,Globalia Business Travel S.A.U. (formerly TravelPlan S.A.U.) of Spain v Fulton Shipping Inc of Panama, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd,MWB Business Exchange Centres Ltd v Rock Advertising Ltd, Patel v Mirza, Phones 4U Ltd (In Administration) v EE Ltd. This edition has been updated to include major legislative developments including the Consumer Rights Act 2015, which now encompasses, and makes some changes to, the unfair terms regime, which was previously provided by the Unfair Terms in Consumer Contracts Regulations 1999, as well as removing, and taking on board, the consumer elements of the Unfair Contract Terms Act 1977.
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Devenney, James. Concentrate Questions and Answers Contract Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198817673.001.0001.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Concentrate Q&A Contract Law provides guidance on answering questions on the law of contract. The book starts with an introduction explaining how to use the book and exploring the skills necessary for success in contract law exams. The book then looks at offer and acceptance, certainty of terms, consideration and intention to create legal relations. After that it examines terms of the contract, exclusion/exemption clauses and unfair terms, misrepresentation, improper pressure, mistake and issues relating to illegality and restraint of trade. The final part of the book looks at frustration, damages, additional remedies, privity of contract and has a short section dealing with mixed questions. The book ends with a chapter containing advice on answering coursework questions.
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Devenney, James. Concentrate Questions and Answers Contract Law. 3rd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192865625.001.0001.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. Concentrate Q&A Contract Law provides guidance on answering questions on the law of contract. The book starts with an introduction explaining how to use the book and exploring the skills necessary for success in contract law exams. The book then looks at offer and acceptance, certainty of terms, consideration and intention to create legal relations. After that it examines terms of the contract, exclusion/exemption clauses and unfair terms, misrepresentation, improper pressure, mistake and issues relating to illegality and restraint of trade. The final part of the book looks at frustration, damages, additional remedies, privity of contract and has a short section dealing with mixed questions. The book ends with a chapter containing advice on answering coursework questions.
40
McElroy, Roy Granville. Impossibility of Performance: A Treatise on the Law of Supervening Impossibility of Performance of Contract, Failure of Consideration, and Frustration. University of Cambridge ESOL Examinations, 2015.
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41
Chunyan, Ding. Contract Formation under Chinese Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0002.
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This chapter discusses the law on contract formation in Chinese law which largely follows the UN Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. An objective approach is adopted in determining the parties’ intentions but exceptions are allowed where parties have not accurately expressed their true agreement, the contract is a sham, or one party’s intentional false expression is known to the other. For a contract to be binding, its ‘essential elements’ must be agreed (names of the parties, subject matter, and quantity); other terms may be agreed by the parties after the conclusion of the contract or, failing that, determination by the court. In reality, however, courts use soft laws and the nature of the contract, to augment what is required. A purported acceptance which makes a ‘non-material’ alteration to the content of the offer can bind the offeror unless the offeror timely rejects it, but there is little scope for non-materiality. Nevertheless, even a materially varied acceptance can bind if the original offeror’s performance amounts to acceptance where the usage of transaction or the express terms of the offer allows acceptance by conduct. Furthermore, courts show willingness to recognize an acceptance by conduct of performance beyond these two situations. There is no general requirement of form for a valid contract, although exceptionally, laws or administrative regulations may require writing or approval/registration. There is no general requirement of consideration; gratuitous contracts are enforceable. However, the latter attract far less legal force than onerous contracts. An offer is irrevocable only if it is an option or if the offeree reasonably believes the offer is irrevocable and has made preparations for the performance of the contract. An acceptance takes effect only when it arrives. A late acceptance that is not attributed to the offeree is ineffective unless the offeror gives timely notice of its intention to ratify the acceptance. Electronic means of communication are treated in the same way as paper-based communications with specific rules to determine the time and place of contract formation and the validity of electronic signature. Reliance-based pre-contractual liability may be imposed, on the basis of the requirement of good faith, in the circumstances including negotiating with no intention of concluding a contract, intentional concealment of material facts, or breach of confidentiality.
42
Michael, Furmston, Tolhurst G J, and Mik Eliza. 6 Problems of Intention and Consideration in Online Transactions. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0006.
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This chapter discusses issues concerning online transactions and points to further challenges. It commences with a broad discussion on the relationship between the two prerequisites of every contract: intention and consideration. It focuses on the difficulty of establishing intention and consideration in circumstances where the context of a particular online interaction is difficult to categorize as either commercial or social. Next, it deals with problems relating to the application of the offer and acceptance model in online transactions. Some basic questions are posed: Is there an offer? If so, what are its contents? Is there an acceptance? If so, when does it become effective? Throughout the discussion it is assumed that each Internet-based communication method creates different problems, and each stage in the online contract formation process faces different technological challenges. Technology, while not changing contract law per se, adds complexity to the traditional analysis. The question is not: do traditional principles apply? but how do they apply?
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Furmston, MP. Cheshire, Fifoot, and Furmston's Law of Contract. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198747383.001.0001.
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Cheshire, Fifoot & Furmston’s Law of Contract is a classic text on contract law. The first edition was published over seventy years ago. The book combines an account of the principles of the law of contract with analysis and insights, and the narrative brings understanding of complex contractual issues to a wider readership. It starts by providing a historic introduction, and goes on to look at issues such as modern contract law, agreement, consideration, and legal relations. The book details the contents of the contract and looks at unenforceable contracts, mistake, misrepresentation, duress, and undue influence. Chapters then examine contracts rendered void under statute, contracts illegal by statute or at common law, and contracts void at common law due to public policy. The text moves on to look at privity, rights and liabilities, performance and breach, and discharge under the doctrine of frustration. Finally, the book looks at remedies for breach of contract.
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Atkins, Ruth. Koffman, Macdonald & Atkins' Law of Contract. 10th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198860907.001.0001.
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Koffman, Macdonald & Atkins’ Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, exemption clauses, the Unfair Contract Terms Act 1977, unfair terms in consumer contracts, mistake, misrepresentation, duress and undue influence, illegality, unconscionability, privity, performance and breach, frustration, damages, and specific enforcement, as well as companion website chapters on capacity and an outline of the law of restitution. Recent cases which are of particular note in this, the tenth edition, include the Supreme Court cases of: Wells v Devani (2019) on interpretation and implied terms, Pakistan International Airlines Corporation v Times Travel (UK) Limited (2021) on lawful act economic duress, Morris- Garner v One-Step (Support) Ltd (2019) and Triple Point Technology Inc v PTT Public Company Ltd (2021) on the law of damages, and Tillman v Egon Zehnder (2019) on illegality and severance, re-affirmed in the Court of Appeal ruling in Quantum Actuarial LLP v Quantum Advisory Ltd (2021). Further important Court of Appeal decisions include: TRW v Panasonic (2021) on ‘battle of the forms’, Ark Shipping v Silverburn Shipping (2019) on classification of terms, FSHC Holdings v GLAS Trust (2019) on the equitable remedy of rectification, considered within the chapter on the doctrine of mistake, and Classic Maritime Inc v Limbungan Makmur (2019) on the interpretation of force majeure clauses and the scope of the doctrine of frustration, issues which rapidly elevated in significance leading up to Brexit and upon the outbreak of the Covid-19 pandemic. Notable first instance decisions which have tested frustration in light of these events include Canary Wharf (BP4) T1 Ltd and others v European Medicines Agency (2019) in the context of Brexit, and Salam Air SAOC v Latam Airlines Group SA (2020) on the impact of Covid-19. Additional High Court rulings considered within this edition include Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Ioannis Kent (2018) and Bates v Post Office Ltd (2019) on good faith, and Neocleous v Rees (2019) on electronic signatures coupled with the findings of the Law Commission Report on Electronic Execution of Documents (2019) Law Com No 386.
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Youngjoon, Kwon. Contract Formation and Third Party Beneficiaries in Korea. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0014.
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This chapter 14 discusses the rules on contract formation and third party beneficiaries in Korea. These can be found in the Korean Civil Code of 1960 that is closely modelled on the Japanese Civil Code, therefore many of its solutions can be ultimately traced back to German law. For a binding contract to be made, Korean law only requires an agreement which is normally constituted by an offer and a matching acceptance; there is no requirement of consideration, and as a general rule there is freedom of form—only limited statutory exceptions impose formal requirements for specific types of contract. Offers must be sufficient and sufficiently definite, and they must be made with the intention to be legally bound. They become effective once they reach the offeree. After that they are, in principle, irrevocable—a position only slightly softened by a 2014 Ministry of Justice draft amendment. The draft also suggests abolishing the common law-style ‘mailbox rule’ that the Code inherited from the Japanese Civil Code.
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Tayseng, Ly. Formation of Contract and Third Parties in Cambodia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0017.
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This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.
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Gerard, McMeel. Part II Causes of Action, 5 Claims in Contract. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198705956.003.0005.
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This chapter considers a number of issues which are crucial to financial advice and financial products. First, it looks into the circumstances in which a court will decide that financial advice has been proffered under the terms of an applicable contract. In particular, it addresses the question of whether the doctrine of consideration is satisfied where the adviser is not directly paid by the recipient. Secondly, it considers incorporation and the implication issues of particular concern in a financial services context. Thirdly, it examines the modern approach to interpreting contracts, which has been honed as a result of the problems arising from financial services cases. Fourth, the chapter deals with the twin requirements of the Unfair Terms in Consumer Contracts Regulations 1999.
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Cabrelli, David. 3. The Employment Relationship and the Contract of Employment. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0003.
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This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period of continuous employment on the basis of a contract of employment in order to avail him/herself of certain statutory employment protection rights. Finally, the chapter turns to the effect of an illegal contract of employment, whether it was illegal in its purpose or objective when it was formed, or expressly or implicitly prohibited by statute. There is also consideration of the illegal performance of a legal contract.
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Bell, Gary F. Formation of Contract and Stipulations for Third Parties in Indonesia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0018.
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Indonesia is one of the most legally diverse and complex countries in the world. It practises legal pluralism with three types of contract law in force: adat (customary) contract laws, Islamic contract laws (mostly concerning banking), and the European civil law of contract, transplanted from the Netherlands in 1847, found mainly in the Civil Code (Kitab Undang-Undang Hukum Perdata). This chapter focuses on European civil law as it is the law used for the majority of commercial transactions. The civil law of contract is not well developed and there is a paucity of indigenous doctrine and jurisprudence, since most significant commercial disputes are settled by arbitration. The contours of the law are consistent with the French/Dutch legal tradition. In the formation of contracts, the subjective intention of the parties plays a greater role than in the common law. As with most jurisdictions with a Napoleonic tradition, the offer must include all the essential element of the contract, there is no concept of ‘invitations to treat’ or of ‘consideration’, the common law posting rule is rejected, and the contract is formed only when the acceptance is received. There are generally few requirements of form but some contracts must be in writing and some in a notarial deed.
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San, Tay Pek. The Legal Landscape of Contract Formation: Towards a Distinct Malaysian Jurisprudence? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0006.
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This chapter examines the formation of contract under Malaysian law. The Malaysian Contracts Act 1950 (‘MCA 1950’) is modelled on the Indian Contract Act 1872 (‘ICA 1872’). In common with the ICA 1872, the analytical structure for the formation of contract is strikingly similar to that of English law, with unique definitions introduced by the ICA 1872. A proposal, upon acceptance by the person to whom the proposal is directed, becomes a promise; reciprocal promises which constitute consideration for each other result in an agreement; upon the satisfaction of the other conditions for the formation of contract, a contract is constituted. The continuing influence of English common law on Malaysian law is expressly provided by sections 3 and 5 of the Civil Law Act 1956; these form the basis for the reception of the doctrine of promissory estoppel which is absent in the text of the MCA 1950. Where the MCA 1950 does not preclude the adoption of English legal developments, the Malaysian courts have been ready to adopt such developments.