Anson's Law of Contract

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Author: J. Beatson
Published: November 1998
Publisher: Oxford University Press
ISBN: 0198252617
Hardcover Book
Number of Pages: 800

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Anson's Law of Contract

This new edition of Anson's Law of Contract provides a modern account of the law of contract. It has been completely revised to take account of the many developments in the law of contract since the publication of the twenty-seventh edition in 1998.

Table of Contents
Preface
Table of Statutes
Table of Statutory Instruments
Table of European Community Legislation
Table of International and other National Legislation and Restatements
Table of Cases
Some Abbreviations Used in Reference
1 Introduction 1
I The Nature and Function of Contract 1
II The History of Contractual Obligations in English Law 10
III European and International Influences 19
IV The Content of Contract Law 20
V Contract as Part of the Law of Obligations 22
VI Contract and Property 24
2 The Agreement 27
I Establishing an Agreement 27
II The Offer 32
III The Acceptance 37
IV Termination of the Offer 51
V Uncertain and Incomplete Agreements 60
VI Intention to Create Legal Relations 69
3 Form, Consideration, and Promissory Estoppel 73
I Formal Requirements 73
II Contracts by Deed 75
III Contracts for Which Writing is Required 77
IV Consideration 88
V Promissory Estoppel 112
VI Appraisal of Consideration and Promissory Estoppel 124
4 The Terms of the Contract 127
I Proof of Terms 127
II Express Terms 134
III Implied Terms 145
IV Construction of Terms 160
V Exemption Clauses 163
VI Statutory Control of Exemption Clauses 185
5 Incapacity 207
I Causes of Contractual Incapacity 207
II The Crown and Public Authorities 208
III Minors 215
IV Corporations and Unincorporated Associations 230
V Mentally Disordered and Drunken Persons 234
6 Misrepresentation and Non-Disclosure 236
I Introduction 236
II Misrepresentation 237
III Duties of Disclosure 263
7 Duress, Undue Influence, and Unconscionable Bargains 276
I Introduction 276
II Duress 277
III Undue Influence 284
IV Unconscionable Bargains 296
8 Mistake 308
I Introduction 308
II Mistakes Which Invalidate a Contract 310
III Mistake in Equity 336
9 Illegality 348
I Introduction 348
II Statutory Illegality 349
III Illegality at Common Law 352
IV Common Law and Statutory Control of Anti-Competitive Agreements 366
V Gaming and Wagering Contracts 385
VI The Effect of Illegality 395
VII Severance 413
10 Third Parties 421
I Introduction 421
II The Acquisition of Contractual Rights by Third Parties 422
III The Imposition of Contractual Liabilities upon Third Parties 452
IV Exemption Clauses and Third Parties 460
11 Assignment and Negotiability 470
I Assignment of Contractual Rights 470
II Assignment of Contractual Liabilities 484
III Negotiable Instruments 486
IV Assignment by Operation of Law 493
12 Performance 499
I Performance Must be Precise and Exact 499
II Time of Performance 500
III Place of Performance 502
IV Order of Performance 503
V Payment 503
VI Vicarious Performance 506
VII Alternative Models of Performance 506
VIII Right to Cure Bad or Incomplete Performance 508
IX Tender 508
X Partial Performance 510
13 Discharge by Agreement 516
I Introduction 516
II Forms of Discharge by Agreement 517
14 Discharge by Frustration 530
I Introduction 530
II Emergence of the Doctrine 531
III Instances of Frustration 533
IV The Theoretical Basis of Frustration 541
V Incidence of Risk 546
VI Self-induced Frustration 550
VII Leases and Contracts for the Sale of Land 553
VIII Effects of Frustration 555
15 Discharge by Breach 565
I Discharge at Option of the Injured Party 565
II Forms of Discharge by Breach 569
III Consequences of Discharge 580
IV Loss of the Right of Discharge 582
16 Discharge by Operation of Law 583
I Merger 583
II Discharge by Judgment of a Court 584
III Alteration or Cancellation of a Written Instrument 585
IV Bankruptcy 586
17 Damages 589
I Introduction 589
II Compensatory Nature of Damages 590
III Basis of Assessment of Damages 590
IV Causation 600
V Remoteness of Damages 600
VI Assessment of Damages in Contracts for the Sale of Goods 609
VII Mitigation of Damage 614
VIII Claimant's Contributory Fault 616
IX The Tax Element in Damages 617
X Interest 618
XI Losses Suffered by Third Parties 620
XII Agreed Damages Clauses 624
18 Specific Remedies 630
I Actions for the Agreed Sum 630
II Specific Performance 632
III Injunction 638
IV Damages and Specific Performance or Injunction 641
19 Restitutionary Awards 642
I The Recovery of Money Paid 642
II Recompense for Goods and Services 649
III Damages Measured by Benefit to Wrongdoer 653
20 Limitation of Actions 656
I Limitation Act 1980 656
II Bars to Equitable Relief: Laches 659
21 Creation of Agency 663
I Modes of Creation 663
II Different Kinds of Agents 672
22 Effect of Agency 675
I The Relations Between the Principal and Agent 675
II The Relations Between the Principal and Third Parties 681
III The Relations Between the Agent and Third Parties 687
23 Termination of Agent's Authority 693
I Modes of Termination 693
II Irrevocable Authority 696
Index 701

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