A Casebook on Contract

This is the fourth, fully updated, edition of Professor Burrows' casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used in conjunction with a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum.Praise for previous editions: "Excellent update. Continues to be the best Text, Cases and Materials volume out there."Jeremias Prassl, St John's College, Oxford"The most up-to-date text. Student friendly...Excellent coverage of the case law."Dr Benjamin Andoh, Southampton Solent University, Law School "An outstanding casebook: concise extracts that capture all relevant aspects, clear and helpful comments, and up-to-date and well-selected suggestions for further reading."Florian Wagner Von Papp, University College London"Probably the best and most straightforward text, with very good commentary and overview of further reading''Ewan McGaughey, King's College, London"...simply excellent, as it has case comments and insightful questions...to work out tutorial problems Burrows is essential."Anca Chirita, Durham Law School"Clear, comprehensive, incisive and up-to-date."Professor Joshua Getzler, St Hugh's College, Oxford

ContentsContentsPART ONE: THE FORMATION OF A CONTRACT 1. OFFER AND ACCEPTANCE1. Introduction 2. Offers and Invitations to Treat 3. Acceptance 4. Termination of an Offer 5. Problematic Offer and Acceptance 2. CERTAINTY AND INTENTION TO CREATE LEGAL RELATIONS 1. Certainty 2. Intention to Create Legal Relations 3. CONSIDERATION AND PROMISSORY ESTOPPEL 1. Consideration 2. Promissory Estoppel PART TWO: THE TERMS OF A CONTRACT4. IDENTIFYING THE TERMS 2. Incorporation of a Party's Written Terms 3. Implied Terms 5. INTERPRETING THE TERMS 1. The Modern Approach to Construction2. Construction of Exemption Clauses 6. STATUTORY CONTROL OF UNFAIR TERMS 1. The Unfair Contract Terms Act 1977 2. The Unfair Terms in Consumer Contracts Regulations 1999 3. Reform of the Legislation on Unfair Terms PART THREE: REMEDIES FOR BREACH OF CONTRACT7. TERMINATION 1. The Meaning of Termination for Breach 2. Conditions, Warranties and Innominate Terms 3. Termination Clauses 4. Anticipatory Breach 5. Restitution after Termination for Breach 8. DAMAGES 1. Compensatory Damages 2. Restitutionary Damages/An Account of Profits 3. Agreed/Liquidated Damages 9. DIRECT ENFORCEMENT 1. The Award of an Agreed Sum 2. Specifi c Performance 3. Injunctions PART FOUR: PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS10. PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS 1. Introduction 2. Four Cases Establishing or Confirming the Privity Doctrine (on its Benefit Side) 3. Exceptions to Privity (on its Benefit Side) 4. The Promisee's Remedies in a Contract Made for the Benefit of a Third Party 5. The Contracts (Rights of Third Parties) Act 1999 6. Exceptions to the Privity Doctrine on its Burden Side PART FIVE: FACTORS ALLOWING ESCAPE FROM A CONTRACT11. MISREPRESENTATION 1. Requirements of Misrepresentation 2. Rescission for Misrepresentation 3. Damages for Misrepresentation 4. Exclusion of Liability for Misrepresentation: Misrepresentation Act 1967, Section 3 12. MISTAKE 1. Unilateral Mistake 2. Common Mistake 13. FRUSTRATION 1. The Early Approach of Absolute Liability 2. The Kinds of Events that Amount to Frustration 3. Factors Excluding Frustration 4. The Juristic Basis of Frustration 5. The Effects of Frustration 6. The Relationship between Common Mistake and Frustration 14. DURESS 1. Duress of the Person 2. Economic Duress 15. UNDUE INFLUENCE AND EXPLOITATION OF WEAKNESS 1. Undue Influence 2. Exploitation of Weakness