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Formation and Variation of Contract
Formation and Variation of Contract
Series:  Contract Law Library
Practice Area:  Contract Law
ISBN:  9781847038029
Published by:  Sweet & Maxwell
Publication Date:  24 Jul 2014
Format:  Hardback
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This book provides an account of the law relating to the various issues involved in forming and varying contracts, as understood in Contract law. This includes pre-contractual negotiations, offer & acceptance, formalities, consideration and promissory estoppel.

  • Drawing together in single volume key rules relating to the formation and variation of contracts, focusing on the rules for their existence and validity
  • Covers topics which are of fundamental importance to practitioners but on which there is no up-to-date specialist work
  • Highlights areas of contract law where there is likely to be significant argument about possible development in the coming years
  • Provides a perspective on the rules for the formation of contracts from an international and comparative dimension
  • Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from  developments being made in other legal systems
  • Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice
  • All of Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance
  • All of Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds
  • All of Part III is devoted to the requirement of consideration (which gives contract its character as a ‘bargain’ in the common law ), both in the formation of a contract, and in the variation of an existing contract
  • All of Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it)
CONTENTS

Introduction

PART I: THE AGREEMENT

  • Pre- contractual negotiations
  • Finding the agreement

PART II: CONTRACT FORMALITIES

  • The role of formality
  • Specific formalities: substantive conditions of a binding contract
  • Specific formalities: written evidence as a condition of enforceability
  • A general formality: the deed

PART III: THE DOCTRINE OF CONSIDERATION

  • Consideration as a condition of existence of the contract
  • Consideration in the variation and discharge of a contract

PART IV: PROMISSORY ESTOPPEL

  • The role of promissory estoppel in the modification of a contract
EDITORS & EDITORIAL BOARD
John Cartwright is Professor of the Law of Contract at the University of Oxford. He has written extensively on English and comparative contract law, including the Contract Law Library title Misrepresentation, Mistake & Non-Disclosure, to which this is a companion volume.
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