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Some Landmarks of Twentieth Century Contract Law 1st Edition by Guenter Treitel ISBN 019925575X 9780199255757

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Some Landmarks of Twentieth Century Contract Law G. H. Treitel Digital Instant Download

Author(s): G. H. Treitel, Guenter Treitel
ISBN(s): 9780199255757, 019925575X
Edition: online
File Details: PDF, 12.02 MB
Year: 2002
Language: english
SKU: EB-44602494 Categories: , Tags: ,

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ISBN 10: 019925575X 
ISBN 13: 9780199255757
Author: Guenter Treitel

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 in the light of Williams v Roffey Bros and Nicholls (Contractors) Ltd and the High Trees case. The second is the battle over privity of contract, discussed mainly in the light of the Midlands Silicone case and Beswick v Beswick; much of this discussion retains its practical importance even after the Contracts (Rights of Third Parties) Act 1999. The third is the development of different types of contractual terms: starting with the distinction between ‘conditions’ and ‘warranties’, this discussion traces the development of ‘intermediate’ or ‘innominate’ terms in the light of the Hong Kong Fir case and later authorities; it also considers the development and continuing significance of the concept of the ‘fundamental’ term.

Some Landmarks of Twentieth Century Contract Law 1st Table of contents:

Section I: Foundational Doctrines and Theoretical Developments

  1. Defining a Contract: Consensus and Consideration

  2. The Rise of Communicative Intent

  3. Privity of Contract: Expansion and Exceptions

  4. The Doctrine of Unconscionability: Equity’s Intervention

  5. Frustration vs. Force Majeure: Revisiting Excuses for Non-performance

Section II: Landmark Judicial Decisions and Statutory Reforms

  1. Carlill v Carbolic Smoke Ball Co (1893) and the Promise Binding the World

  2. The Evolution of the Statute of Frauds in the 20th Century

  3. Williams v. Roffey Bros & Nicholls (Contractors): Practical Benefit as Consideration

  4. Fairness and Formality: Pinnel’s Case Reconsidered

  5. The Law Reform (Frustrated Contracts) Act 1943 and its Impact

Section III: Remedies and Enforcement

  1. The Development of Specific Performance

  2. Damages at Common Law: Expectation vs. Reliance

  3. Restitution and Disgorgement in Contract Remedies

  4. Liquidated Damages and the Penalty Rule: Dunlop v New Garage

  5. Equitable Doctrines: Injunctions and Account of Profits

Section IV: Risk Allocation and Third-Party Interests

  1. Exclusion Clauses and Fairness: Photo Production v Securicor, George Mitchell v Finney Lock Seeds

  2. The Role of Good Faith in Contract Interpretation

  3. Assignment, Novation, and the Rights of Third Parties

  4. Consumer Protection Statutes: From Caveat Emptor to Statutory Rights

  5. Contracts of Adhesion: Standard Agreements in Modern Commerce

Section V: Globalization and Contract Law

  1. The Vienna Convention on Contracts for the International Sale of Goods (CISG)

  2. Harmonization of Contract Law: PECL, UNIDROIT Principles

  3. Comparative Perspectives: English, American, and Civil Law Traditions

  4. Digital Contracts and the Question of Consensus in the New Economy

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Tags: Guenter Treitel, Landmarks, Contract Law