Contract law : an introduction to the English law of contract for the civil lawyer
著者
書誌事項
Contract law : an introduction to the English law of contract for the civil lawyer
Hart, 2013
2nd ed
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注記
"New and fully updated edition"--P. preceding t.p
Includes index
内容説明・目次
内容説明
This book gives an introduction to the English law of contract. In this new and fully updated edition the book retains the primary focus of the first edition: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer-whether student or practitioner-from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, setting English contract law generally in the context of other European and international approaches, the book forms an introductory text for the English student, who can see not only how English contract law works but also get a glimpse of different ways of thinking about some of the fundamental rules of contract law. After a general introduction to the common law system-how a common lawyer reasons and finds the law-the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
目次
- Part I: An Introduction to the Common Law 1 The 'Common Law' I. The 'Common Law' of England II. Common Law Systems Around the World 2 Finding the Law I. The Sources of Law II. The Judge as Interpreter and as Law-Maker III. English Statutory Drafting Part II: The Law of Contract 3 Introduction to the English Law of Contract I. The Place of Contract in Private Law II. A General Law of Contract
- the Place of 'Special' Contracts III. Some General Features and Some Fundamental Starting-Points IV. English Contract Law in a European Context 4 The Negotiations for a Contract I. The Starting-Point: No General Duty between Negotiating Parties II. Particular Liabilities Arising During the Negotiations 5 Formation of the Contract: Contract as 'Agreement' I. The Meaning of 'Agreement': the 'Objective Test' II. The Mechanisms of Contract Formation: the Rules of Offer and Acceptance III. Minimum Content and Certainty 6 Form, Consideration and Intention I. Formality in the Formation of Contracts II. The Doctrine of Consideration III. Promissory Estoppel IV. Contractual Intention 7 Vitiating Factors: Void, Voidable and Unenforceable Contracts I. The Vitiating Factors in English Law
- Void and Voidable Contracts II. Mistake III. Misrepresentation and Non-Disclosure IV. Duress, Undue Influence and Unconscionable Bargains V. Capacity VI. Illegality and Public Policy 8 Finding the Terms of the Contract I. The 'Terms' of a Contract II. Finding and Interpreting the Express Terms III. Implied Terms 9 Controlling the Content of the Contract: 'Unfair' Contracts I. Indirect Controls over the 'Fairness' of the Contract II. Direct Controls over the 'Fairness' of the Contract 10 Who has the Benefit of the Contract? Who is Bound by the Contract? I. Who is a 'Party' to the Contract? The Doctrine of Privity of Contract II. Avoiding the Doctrine of Privity III. Reform by the Contracts (Rights of Third Parties) Act 1999 IV. Assignment and Novation of Contractual Rights and Duties 11 Change of Circumstances I. The Doctrine of Frustration II. Using Contract Terms to Anticipate Changes of Circumstances 12 Remedies for Breach of Contract I. 'Breach of Contract' II. Specific Performance and Injunction III. Termination for Breach IV. Damages V. Debt VI. Consumer contracts for the Sale or Supply of Goods: Rejection, Repair, Replacement or Reduction in Price VII. Agreed Remedies VIII. Learning About a Contract from the Remedies for Breach
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