A Casebook on Contract

Andrew Burrows

'.provides everything you want in a case book: a stimulating, thought-provoking and up to date account of contract law. It combines both fantastic academic commentary and superbly selected materials making it simply one of the best contract law casebooks.' Student Law JournalThis is the seventh, fully updated, edition of Professor Burrows' Casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases.Designed to be used either on its own or to supplement a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters.The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them.In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter.The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum.

Sixth Edition: A Casebook on Contract, ISBN 9781509921034 (Hart Publishing, 2018)

Summary of ContentsPART ONE: THE FORMATION OF A CONTRACT1. OFFER AND ACCEPTANCE1. Introduction2. Offers and Invitations to Treat3. Acceptance4. Termination of an Offer5. Problematic Offer and Acceptance2. CERTAINTY AND INTENTION TO CREATE LEGAL RELATIONS1. Certainty2. Intention to Create Legal Relations3. CONSIDERATION AND PROMISSORY ESTOPPEL1. Consideration2. Promissory EstoppelPART TWO: THE TERMS OF A CONTRACT4. IDENTIFYING THE TERMS1. Terms or Mere Representations?2. Incorporation of a Party's Written Terms3. Implied Terms5. INTERPRETING THE TERMS1. The Modern Approach to Construction2. Construction of Exemption Clauses6. STATUTORY CONTROL OF EXEMPTION CLAUSES AND UNFAIR TERMS1. The Unfair Contract Terms Act 19772. The Consumer Rights Act 2015 (Part 2 Etc)PART THREE: REMEDIES FOR BREACH OF CONTRACT7. TERMINATION1. The Meaning of Termination for Breach2. Conditions, Warranties and Innominate Terms3. Termination Clauses4. Anticipatory Breach5. Restitution after Termination for Breach6. Consumer Contracts for Goods (or Digital Content)8. DAMAGES1. Compensatory Damages2. An Account of Profits3. Negotiating Damages4. Agreed/Liquidated Damages and Penalties9. DIRECT ENFORCEMENT1. The Award of an Agreed Sum2. Specific Performance3. InjunctionsPART FOUR: PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS10. PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS1. Introduction2. Four Cases Establishing or Confirming the Privity Doctrine (on its Benefit Side)3. Exceptions to Privity (on its Benefit Side)4. The Promisee's Remedies in a Contract Made for the Benefit of a Third Party5. The Contracts (Rights of Third Parties) Act 19996. Exceptions to the Privity Doctrine on its Burden SidePART FIVE: FACTORS ALLOWING ESCAPE FROM A CONTRACT11. MISREPRESENTATION1. Requirements of Misrepresentation2. Rescission for Misrepresentation3. Damages for Misrepresentation4. Exemption of Liability for Misrepresentation: Misrepresentation Act 1967, Section 312. MISTAKE1. Unilateral Mistake2. Common Mistake13. FRUSTRATION1. The Early Approach of Absolute Liability2. The Kinds of Events that Amount to Frustration3. Factors Excluding Frustration4. The Juristic Basis of Frustration5. The Effects of Frustration6. The Relationship Between Common Mistake and Frustration14. DURESS1. Duress of the Person2. Economic Duress15. UNDUE INFLUENCE AND EXPLOITATION OF WEAKNESS1. Undue Influence2. Exploitation of Weakness