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Borderlines in Private Law

Edited by: William Day, Julius Grower
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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Contract Law 3rd ed isbn 9780198867777

Contract Law 2nd ed


ISBN13: 9780198829263
New Edition ISBN: 9780198867777
Previous Edition ISBN: 9780198703471
Published: May 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



Unfold the problem > Reveal the law > Apply to life: A uniquely practical approach to contract law.

Engaging and innovative, this text uses problems and illustrations to help students quickly grasp core concepts, identify relevant issues, engage with key debates, and apply their learning to real-life contexts.

Unfold the problem

  • Each chapter starts with a problem scenario to set the law into its real world context and help students to think about the relevant issues; illustrations throughout the chapter build on the problem, developing understanding of the topic.
Reveal the law
  • As students explore the problem, the core concepts in the subject area are clearly set out and explained to give them a thorough knowledge of the law.
  • 'Case in depth' boxes provide more detailed commentary on the most influential cases to enable students to understand their relevance.
  • 'Debates in context' boxes highlight areas of the law where commentators and academics disagree, helping students to reflect on the operation of the law and potential future changes in the law.
  • 'Practice in context' boxes give insight into how the law interacts with everyday life and business, prompting students to think about the reality of contracts and to give a practical grounding in the subject.
  • Thoroughly modern: the textbook takes account of the numerous recent developments in the subject area, seamlessly integrating coverage of the most recent developments into that of more traditional concepts.
Apply to life
  • This fresh and distinctively practical approach allows students to see how the law operates in practical situations which they may encounter in everyday life or in business, and to think about how successfully the law does its job.
  • The carefully considered pedagogy throughout encourages deep learning to help students develop the critical analysis and problem-solving skills they need for university and beyond.
Perfectly-pitched for law undergraduates, the book's contents and approach align neatly with those of the majority of contract law courses, covering all the key areas but never over-simplifying.

Online resources:

This book is accompanied by online resources including podcasts and videos to support your learning.

Subjects:
Contract Law
Contents:
1: Introduction

Part I: Forming Contracts
2: Bargaining and agreeing: offer, acceptance, and formation
3: Consideration: the requirement of mutuality
4: Contracts and informal relations: the intention to create legal relations
5: Non-contractual promises: promissory and proprietary estoppel

Part II: Keeping Contracts
6: Assembling the contract: representations, terms, and incorporation
7: Interpreting the terms: construction, rectification, and mutual mistake
8: Filling the gaps: implied terms
9: Flexible terms: uncertainty, vagueness, and incompleteness
10: Fundamental changes: frustration and common mistake

Part III: Regulating Contracts
11: Untrue statements: misrepresentation and unilateral mistake
12: The limits of hard bargaining: duress and undue influence
13: Controlling contract terms: exclusion clauses, penalties, and consumer protection
14: Protecting the public interest: the doctrine of illegality

Part IV: Enforcing Contracts
15: Breach of contract: repudiation and the right to terminate
16: Compensatory remedies: damages for breach of contract
17: Non-compensatory remedies: specific performance, debt, and restitution
18: Privity and third parties: protecting the rights of non-parties