Defences in Contract: (Hart Studies in Private Law: Essays on Defences)

This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

Table of Contents:
1. Thinking in Terms of Contract Defences Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith 2. What Is a Contractual Defence (and Does It Matter)? Kit Barker 3. Good Faith Bargaining in the Shadow of a Form Daniel Markovits 4. Good Faith, Good Conscience, and the Taking of Unfair Advantage Stephen Waddams 5. Undue Influence and Unconscionability Hugh Beale 6. Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment? Mary Arden 7. Not Waiving but Drowning Robert Stevens 8. Frustration: Automatic Discharge of Both Parties? Ewan McKendrick 9. Resisting Termination: Some Comparative Observations Solène Rowan 10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility Venkatesan Niranjan 11. Contributory Negligence and Strict Contractual Obligations Revisited Janet O’Sullivan 12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy Gerard McMeel 13. Illegality: Where Are We Now? Roger Toulson

About the Author :
Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science. James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also an Associate Academic Fellow in the Honourable Society of the Inner Temple, a Senior Honorary Research Fellow in the Faculty of Law, University of Western Australia, a Professorial Fellow in the School of Law, University of Wollongong and a barrister at 7 King’s Bench Walk. Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.

Review :
...Defences in Contract offers us a critical, groundbreaking analysis of how contract law doctrines can be properly explained through the lens of defences...this book provides thought-provoking insight on a topic that is important but often neglected in the law of contract. More importantly, it fills a long-existing gap in the contract law literature while giving a more complete view of the existing contract law regimes. The book is an important and inspiring read for anyone interested in contract law. Most of the chapters in this innovative text provide a historical, philosophical and practical guide to the defences in contract law. Eclectic thoughts are offered and the treatment of contentious and challenging issues encourages readers - such as perhaps academic researchers, decision-makers and even perhaps law-makers - to strive for reasonable outcomes.