Formation and variation of contracts : the agreement, formalities, consideration and promissory estoppel

書誌事項

Formation and variation of contracts : the agreement, formalities, consideration and promissory estoppel

John Cartwright

(The contract law library)

Thomson/Sweet & Maxwell, 2014

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注記

Includes index

内容説明・目次

内容説明

This book provides an account of the law relating to the various issues involved in forming and varying contracts, as understood in Contract law. This includes pre-contractual negotiations, offer & acceptance, formalities, consideration and promissory estoppel. Drawing together in single volume key rules relating to the formation and variation of contracts, focusing on the rules for their existence and validity Covers topics which are of fundamental importance to practitioners but on which there is no up-to-date specialist work Highlights areas of contract law where there is likely to be significant argument about possible development in the coming years Provides a perspective on the rules for the formation of contracts from an international and comparative dimension Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice All of Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance All of Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds All of Part III is devoted to the requirement of consideration (which gives contract its character as a `bargain' in the common law ), both in the formation of a contract, and in the variation of an existing contract All of Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it)

目次

Introduction. Part I: Contract Formalities. The role of formality. Specific formalities: substantive conditions of a binding contract. Specific formalities: evidence. A general formality: the deed Part II: The Doctrine Of Consideration. The historical and comparative context. Consideration as a condition of existence of the contract. Consideration in the variation and discharge of a contract Part III: Promissory Estoppel. The traditional role of promissory estoppel: variation of an existing obligation. The developing role of promissory estoppel: creation of a new obligation. Conclusions.

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