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Some Landmarks of 20th Century Contract Law »

Book cover image of Some Landmarks of 20th Century Contract Law by Guenter Treitel

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)

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Author Biography: Guenter Treitel

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.

Book Synopsis

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 Contents

Table of Cases
Table of Legislation
Table of Statutory Instruments
Introduction: Scope of Discussion1
1Agreements to Vary Contracts
1Introduction11
2Increasing Pacts
3Decreasing Pacts
4Cross-Overs42
2The Battle over Privity
1The Starting Point47
2The Trust Exception50
3Early Attacks on the Doctrine53
4Third Parties Claiming the Benefit of Exemption Clauses
5Binding Third Parties by Exemption Clauses70
6Beswick v Beswick82
3Types of Contractual Terms
1Conditions and Warranties103
2Intermediate Terms113
3Sale of Goods Act 1979, Section 15A121
4Intermediate Terms and Warranties123
5Insurance Warranties126
6Fundamental Terms128
Index139

Subjects