Authors: Guenter Treitel, G. H. Treitel
ISBN-13: 9780199255757, ISBN-10: 019925575X
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: May 2002
Edition: (Non-applicable)
Professor Guenter Treitel, DCL, FBA, QC, retired as Vinerian Professor of English Law in 1997, and has been awarded a knighthood for services to law. Professor Treitel has been a Fellow of All Souls College since 1979. He was previously a Fellow of Magdalen College from 1954 to 1979.
This book contains a slightly expanded version of the Clarendon Lectures in Law given in Oxford in 2001. It deals with major contributions made by the English Courts in the Twentieth Century to three important areas of English contract law. The first is the variation of contracts by subsequent agreement, where developments in the doctrines of consideration and estoppel are discussed. The second is the battle over privacy of contract, and the third is the development of different types of contractual terms.
Table of Cases | ||
Table of Legislation | ||
Table of Statutory Instruments | ||
Introduction: Scope of Discussion | 1 | |
1 | Agreements to Vary Contracts | |
1 | Introduction | 11 |
2 | Increasing Pacts | |
3 | Decreasing Pacts | |
4 | Cross-Overs | 42 |
2 | The Battle over Privity | |
1 | The Starting Point | 47 |
2 | The Trust Exception | 50 |
3 | Early Attacks on the Doctrine | 53 |
4 | Third Parties Claiming the Benefit of Exemption Clauses | |
5 | Binding Third Parties by Exemption Clauses | 70 |
6 | Beswick v Beswick | 82 |
3 | Types of Contractual Terms | |
1 | Conditions and Warranties | 103 |
2 | Intermediate Terms | 113 |
3 | Sale of Goods Act 1979, Section 15A | 121 |
4 | Intermediate Terms and Warranties | 123 |
5 | Insurance Warranties | 126 |
6 | Fundamental Terms | 128 |
Index | 139 |