Great Debates in Contract Law 3rd edition by Jonathan Morgan – Ebook PDF Instant Download/Delivery: 1352009986 , 978-1352009989
Full download Great Debates in Contract Law 3rd edition after payment

Product details:
ISBN 10: 1352009986
ISBN 13: 978-1352009989
Author: Jonathan Morgan
This textbook is an engaging introduction to the more advanced writings on contract law, primarily designed to allow students to ‘get under the skin’ of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. This edition has been extensively rewritten to include new cases and scholarship throughout. New sections include ‘no oral modification’ clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract.An excellent book for students of contract law who wish to know more, the aim of the book is not to present a complete overview of theoretical issues in contract law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Extensively rewritten to include new cases and scholarship throughout.- New sections and debates include ‘no oral modification’ clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract.
Great Debates in Contract Law 3rd Table of contents:
Introduction
1 Formation of Contract
Debate 1: Does the law on offer and acceptance respect the parties’ intentions?
A Subjective or Objective Approach?
Mistakes
Offer and Acceptance
Debate 2: How should the law resolve the ‘battle of the forms’?
The Traditional ‘Mirror Image’ Approach
Flexibility in Finding Contracts
Non-contractual Remedies
Is Restitution the Solution?
Contract, After All, Is Best?
Further Reading
2 Enforceability: Consideration, Intention and Estoppel
Introduction
Debate 1: Does the doctrine of consideration serve any useful purpose?
Consideration: A Brief History
Consideration Today
Gratuitous Promises in Commercial Law
Gratuitous Promises in Private Life
Formal Contracts
Conclusion: Consideration’s Function
Debate 2: Should ‘intention to create legal relations’ take over as the hallmark of enforceability?
Debate 3: Should consideration be necessary to modify contracts?
The Doctrinal Question
What Is the Correct Policy Towards Contract Modification?
Alternatives?
Debate 4: How does estoppel fit into contract law?
Establishing Estoppels
Estoppel Remedies
Estoppel: A Sword or a Shield?
The Death of Contract?
Further Reading
3 Standard Forms and Written Contracts
Introduction
Debate 1: Is a signature really ‘agreement’?
Debate 2: Can parties make written contracts exclusively ‘documentary’?
The Parol Evidence ‘Rule’
Entire Agreement Clauses: Party Autonomy
Non-reliance Clauses: Statutory Control
Debate 3: Should ‘no oral modification’ clauses be enforceable?
(a) Policy: Commercial Expectations
(b) Principle: Freedom to Change One’s Mind
(c) Divergence from international consensus?
(d) Exceptions: Reliance
Debate 4: The use and abuse of commercial standard forms
Debate 5: Consumer protection and standard forms
Why Do Consumers Need Protection?
Blanket Non-enforcement
Fairness-Based Doctrines
Consumer Rights Act 2015
Further Reading
4 Contractual Content: Terms and Their Meaning
Introduction
Debate 1: How should contracts be interpreted?
The Modern Approach: Context and Purpose
Criticisms of the Contextual Approach
A Retreat from Context?
Resolving the Text/Context Dispute?
Limiting the Context: Prior Negotiations
Rectification and Interpretation
Rectification: Objective or Subjective?
Conclusion
Debate 2: How should terms be implied into contracts?
Default Rules: Terms Implied ‘by Law’
Law and Economics: Efficient Default Rules
Further Reading
5 Misrepresentation and Mistake
Misrepresentation: Some Controversies Outlined
Debate 1: Should there be a general duty to disclose relevant information?
Comparisons
Critique
Encouraging the Production and Use of Valuable Information
Conclusion
Debate 2: Do we need ‘The Doctrine of Mistake’?
Voidness and Voidability
Identity Mistakes
Common Mistake
Remedies for Common Mistake
Mistake in Equity
Further Reading
6 Frustration
Debate 1: What is the basis of the doctrine of frustration?
Supervening Illegality
Impossibility, Impracticability and Frustration of Purpose
Justice
Risk Allocation
Economic Efficiency and the ‘Superior Risk Bearer’
Debate 2: Do we need the doctrine of frustration?
Foreseeability
Force Majeure Clauses
Conclusion
Debate 3: Are the consequences of frustration too inflexible?
Unjust Enrichment and the Act of 1943
Loss Sharing
Rebalancing the Contract
Conclusion
Further Reading
7 Inequality of Bargaining Power
Debate 1: What is economic duress?
The Basis of the Doctrine: ‘Vitiated Consent’ or ‘Wrongful Threats’?
Was the Claimant Coerced?
Were the Threats ‘Illegitimate’?
Are Threats to Breach a Contract ‘Illegitimate’?
Debate 2: The nature of undue influence and unconscionability
The Basis of Undue Influence
Unconscionability
Debate 3: A general principle of contract unfairness?
A ‘General Judicial Power to Modify Highly Unreasonable Contracts’?
Substantive Fairness?
Paternalism?
Further Reading
8 Party-Agreed Remedies
Introduction
Debate 1: When should termination be allowed in response to breach of contract?
When Is Termination Available as a Matter of Law?
Controlling Termination: Rules of Law
Controlling Termination: Contract Interpretation
Conclusion
Debate 2: Should penalty clauses be allowed?
Liquidated Damages
‘Supra-Compensatory’ Clauses
Economic Analysis of Penalties
The Post-Cavendish Law: ‘Legitimate Interest’ and ‘Proportionality’
Conclusions
Further Reading
9 Judicial Remedies: Performance, Compensation and Remoteness
Introduction
Debate 1: How far should contract remedies enforce performance?
Rights and Remedies
Holmes and Contractual Rights
Efficient Breach
Efficient Breach: Critique
Specific Performance
Substitutionary Damages
Deterring Breach: Exemplary Damages and Disgorgement of Profits
Negotiating Damages
Debate 2: How should liability for consequential loss be limited (‘remoteness’)?
‘Assumption of Responsibility’ or ‘External Rule of Law’?
Remoteness of Damage and Economic Efficiency
Conclusion
Further Reading
Appendix: Third Parties
Index
People also search for Great Debates in Contract Law 3rd :
great debates contract law
debates in contract law
great debates in contract law pdf
debate contract
great debates in contract law
Tags: Jonathan Morgan, Great Debates, Contract Law


