Some Landmarks of Twentieth Century Contract Law - Bookswagon
close menu
Bookswagon
search
My Account
Book 1
Book 2
Book 3
Book 1
Book 2
Book 3
Book 1
Book 2
Book 3
Book 1
Book 2
Book 3
Home > Law Books > Laws of specific jurisdictions > Company, commercial and competition law: general > Contract law > Some Landmarks of Twentieth Century Contract Law: (Clarendon Law Lectures)
Some Landmarks of Twentieth Century Contract Law: (Clarendon Law Lectures)

Some Landmarks of Twentieth Century Contract Law: (Clarendon Law Lectures)


     0     
5
4
3
2
1



International Edition


X
About the Book

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.

Table of Contents:
1: Introduction 2: Agreements to vary contracts 1. Introduction 2. Increasing pacts (i) Consideration, public policy and duress (ii) Three party and public duty cases (iii) Williams v. Roffey Brothers (a) Facts and Results (b) Relation to earlier cases 3. Decreasing pacts (i) Consideration and duress (ii) Foukes v Beer: protection of creditors (iii) The High Trees case (a) Facts and decision (b) Conflict with protective function (c) The 'estoppel' analogue (d) Cause of action? (e) Differences between kinds of estoppel 4. Cross-overs (i) High Trees and increasing pacts (ii) Williams v Roffey and decreasing pacts 3: The Battle over Privity 1. The starting point 2. The trust exception 3. Early attacks on the doctrines 4. Third parties claiming the benefit of exemption clauses (a) Vicarious immunity and bailment on terms (b) Rejection of vicarious immunity: the Midland Silicones case (c) Ways round privity: Himalaya Clause (d) Ways round privity: other drafting devices 5. Binding third parties by exemption clauses (a) The general rule (b) Ways round the general rule (i) Supplied contract (ii) Sub-bailment on terms 6. Beswick v Beswick (a) The facts and results (b) Ways round privity (c) Tort liability? (d) Damages in respect of third party's loss (e) Law of Property Act 1925 section 56 (i) (f) Legislative reform 4: Types of Contractual Terms 1. Conditions and warranties 2. Intermediate terms (a) The Hong Kong Fir case (b) Developments and policies 3. Sale of Goods Act 1979 section 15A 4. Intermediate terms and warranties 5. Insurance warranties 6. Fundamental terms (a) Exemption clauses and fundamental breach (b) Concept of fundamental terms (c) Problems of construction (d) Deviation (e) Loss of right to rescind

About the Author :
Professor Guenter Treitel, DCL, FBA, QC, retired as Vinerian Professor of English Law in 1997, and has been awarded a knighthood for services to law. Professor Treitel has been a Fellow of All Souls College since 1979. He was previously a Fellow of Magdalen College from 1954 to 1979.

Review :
`Review from other book by this author 'This is a book of impressive scope...and it is of the highest quality'' Ewen McKendrick, ICLQ `'a major new work by one of the most distinguished academic writers on the law of contract in the English speaking world...a book of true scholarship which will be an invaluable aid to all lawyers who have to grapple with fundamental legal issues in regard to remedies for breach of contract'' Johan Steyn, Law Quarterly Review `'a masterly and weighty survey of an important topic'' Tony Weir, Cambridge Law Journal


Best Sellers


Product Details
  • ISBN-13: 9780199255757
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Height: 224 mm
  • No of Pages: 164
  • Series Title: Clarendon Law Lectures
  • Weight: 408 gr
  • ISBN-10: 019925575X
  • Publisher Date: 21 Mar 2002
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Spine Width: 17 mm
  • Width: 145 mm


Similar Products

Add Photo
Add Photo

Customer Reviews

REVIEWS      0     
Click Here To Be The First to Review this Product
Some Landmarks of Twentieth Century Contract Law: (Clarendon Law Lectures)
Oxford University Press -
Some Landmarks of Twentieth Century Contract Law: (Clarendon Law Lectures)
Writing guidlines
We want to publish your review, so please:
  • keep your review on the product. Review's that defame author's character will be rejected.
  • Keep your review focused on the product.
  • Avoid writing about customer service. contact us instead if you have issue requiring immediate attention.
  • Refrain from mentioning competitors or the specific price you paid for the product.
  • Do not include any personally identifiable information, such as full names.

Some Landmarks of Twentieth Century Contract Law: (Clarendon Law Lectures)

Required fields are marked with *

Review Title*
Review
    Add Photo Add up to 6 photos
    Would you recommend this product to a friend?
    Tag this Book Read more
    Does your review contain spoilers?
    What type of reader best describes you?
    I agree to the terms & conditions
    You may receive emails regarding this submission. Any emails will include the ability to opt-out of future communications.

    CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE

    These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Bookswagon (the "CRR Service").


    By submitting any content to Bookswagon, you guarantee that:
    • You are the sole author and owner of the intellectual property rights in the content;
    • All "moral rights" that you may have in such content have been voluntarily waived by you;
    • All content that you post is accurate;
    • You are at least 13 years old;
    • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
    You further agree that you may not submit any content:
    • That is known by you to be false, inaccurate or misleading;
    • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
    • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
    • For which you were compensated or granted any consideration by any unapproved third party;
    • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
    • That contains any computer viruses, worms or other potentially damaging computer programs or files.
    You agree to indemnify and hold Bookswagon (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.


    For any content that you submit, you grant Bookswagon a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, transfer, and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Additionally,  Bookswagon may transfer or share any personal information that you submit with its third-party service providers, including but not limited to Bazaarvoice, Inc. in accordance with  Privacy Policy


    All content that you submit may be used at Bookswagon's sole discretion. Bookswagon reserves the right to change, condense, withhold publication, remove or delete any content on Bookswagon's website that Bookswagon deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.  Bookswagon does not guarantee that you will have any recourse through Bookswagon to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Bookswagon reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Bookswagon, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Bookswagon, its agents, subsidiaries, affiliates, partners or third party service providers (including but not limited to Bazaarvoice, Inc.)and their respective directors, officers and employees.

    Accept


    Inspired by your browsing history


    Your review has been submitted!

    You've already reviewed this product!