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Anson's Law of Contract » (Twenty-eighth Edition)

Book cover image of Anson's Law of Contract by Jack Beatson

Authors: Jack Beatson
ISBN-13: 9780199256037, ISBN-10: 0199256039
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: September 2002
Edition: Twenty-eighth Edition

Author Biography: Jack Beatson

Jack Beatson QC, FBA is Rouse Ball Professor of English Law, University of Cambridge and Fellow of St John's College, Cambridge. He is also a Deputy High Court Judge and a former Law Commissioner.

Book Synopsis

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.

	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