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Key Cases: Contract Law
Chris Turner LLM

Paperback
RRP: £6.99
ISBN: 9780340915004
ISBN-10: 0340915005

Published: 31/03/2006
Extent: 160 pages
Illustrations: 0

Series: Key Cases

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Summary:
Key Cases has been specifically written for students studying law. It is the essential revision tool to be used on its own or with the partner Key Facts title in order to ensure a thorough knowledge of core cases for any given law topic.

Understanding essential and leading cases fully is a vital part of the study of law - the clear format, style and explanations of Key Cases will ensure you have this understanding.

The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include lecturers and barristers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.

Key features include: all essential and leading cases explained; user-friendly layout and style; cases broken down into key components by use of clear symbol system; pocket-sized and easily portable; highly-regarded authors and editors.

  • Covers the essential and leading cases withing an area of law
  • Written and edited by experienced authors
  • Ensures students are exposed regularly to primary sources in abridged form

Table of Contents:
Table of cases
Chapter 1 Formation of a contract
1.1 Offer
1.1.1 The character of an offer
1.1.2 Communication of offers
1.1.3 Revocation of offers
1.1.4 Termination of offers
1.2 Acceptance
1.2.1 The basic rules of acceptance
1.2.2 The ‘battle of the forms’
1.2.3 Communication of the acceptance
1.3 Consideration
1.3.1 Defining consideration
1.3.2 Sufficiency and adequacy of consideration
1.3.3 Past consideration
1.3.4 Consideration passing from both sides
1.3.5 Performance of existing duties
1.3.6 Pinnel's Pule and promissory estoppel
1.4 Intention to create legal relations
1.4.1 Social and domestic arrangements
1.4.2 Commercial and business dealings
Chapter 2 Capacity
2.1 Corporations and capacity
2.2 Capacity and minor’s contracts
Chapter 3 Third party rights and privity of contract
3.1 The basic rule and its effects
3.2 Exceptions to the strict rule
Chapter 4 The contents of a contract
4.1 Representations
4.2 Terms
4.2.1 Incorporating express terms into the contract
4.2.2 The 'parol evidence rule'
4.2.3 Terms implied by fact
4.2.4 Terms implied by common law
4.2.5 Terms implied by statute
4.2.6 The relative significance of terms
4.2.7 How judges construe terms
4.3 Judicial and statutory control of exclusion clauses
4.3.1 Incorporation of exclusion clauses
4.3.2 Construction of the contract
4.3.3 Other limitations on the use of exclusion clauses
4.3.4 The Unfair Contract Terms Act 1977
4.3.5 The Unfair Terms in Consumer Contracts
Regulations 1999
Chapter 5 Vitiating factors
5.1 Misrepresentation
5.1.1 'Misrepresentation' defined
5.1.2 Classes of misrepresentation and their remedies
5.1.3 Equity and misrepresentation
5.1.4 Non-disclosure amounting to misrepresentation
5.2 Mistake
5.2.1 The classes of mistake
5.2.2 Mistake and equity
5.2.3 Non est factum
5.3 Duress, economic duress, and undue influence
5.3.1 Duress
5.3.2 Economic duress
5.3.3 Undue influence
5.4 Illegality
5.4.1 Contracts illegal by statute
5.4.2 Contracts void at common law
5.4.3 Contracts illegal at common law
5.4.4 Consequences of contract being declared void
5.4.5 Consequences of contract being declared illegal
Chapter 6 Discharge of a contract
6.1 Discharge by performance
6.1.1 The strict rule of performance
6.1.2 Ways of avoiding the strict rule
6.2 Discharge by agreement
6.3 Discharge by frustration
6.3.1 The purpose and development of the doctrine
6.3.2 The different types of frustrating events
6.3.3 The limitations on the doctrine of frustration
6.3.4 The common law effects of frustration
6.3.5 The Law Reform (Frustrated Contracts) Act 1943
6.4 Discharge by breach
6.4.1 The different types of breach
6.4.2 The consequences of breach
Chapter 7 Remedies
7.1 Unliquidated damages
7.1.1 Tests of causation and remoteness of damage
7.1.2 The bases of assessment
7.1.3 The duty to mitigate
7.1.4 The ‘mental distress’ cases
7.2 Liquidated damage clauses
7.3 Claims for quantum meruit
7.4 Equitable remedies
7.4.1 Specific performance
7.4.2 Injunctions
7.4.3 Rescission
7.4.4 Rectification of a document
Index

About the Author(s):
CHRIS TURNER LLM is a qualified barrister and a Senior Lecturer in Law at Wolverhampton University. He is an experienced author whose other titles include Key Facts: Contract Law and Unlocking Contract Law, both published by Hodder Arnold. He is also series editor for Key Facts and Unlocking the Law. JACQUELINE MARTIN LLM has ten years' experience as a practising barrister and is an experienced author. She is also series editor for Key Facts and Unlocking the Law.

Readership:
A level and undergrauate law students

Reviews:

"Hodder is pitching to provide all student needs from the one stable ... Clear and consistent format, style and explanations will be valued by most students ... The Key Cases books almost stand better than mere revision aids, but ultimately their length really makes them just this unless a student does use them as a point to identify issues to follow up elsewhere."

Christopher Gale, The Law Teacher (about the series as a whole)

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