Contract Law: An Index and Digest of Published Writings
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This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach).This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarizing them with the work that has already been done in their particular fields.
Foreword viiPreface ixUsing this Book xv1 Textbooks 11.1 General 11.2 Specific Contract Types 41.3 Tort and Restitution 81.4 Student Texts 101.5 For Civil Lawyers 102 Pre-Contractual Liability 122.1 Generally 122.2 Preliminary Agreements 122.3 Duties to Bargain in Good Faith 152.4 Torts 152.5 Restitution 172.6 Obligations to Contract: The Common Callings 193 Formation 203.1 Capacity 203.2 Authority 203.3 Agreement 213.4 The Objective Principle and Unilateral and Cross-purposes Mistake 263.5 The Intention to Create Legal Relations 333.6 Consideration 343.7 Form 403.8 Certainty 413.9 Restitution and Void Contracts 424 The Terms of the Contract 434.1 Incorporation 434.2 Order of Performance 444.3 Standard Forms 464.4 Interpretation and the Objective Principle 484.5 Implied Terms 584.6 Exclusion and Penalty Clauses and Unfair Terms 635 Common Mistake and Frustration 725.1 The Bases of the Two Doctrines 725.2 Common Mistake 735.3 Frustration 765.4 Force Majeure Clauses 826 Misrepresentation, Duress, Undue Influence and Unconscionability 836.1 Duress, Undue Influence and Unconscionability 836.2 Misrepresentation 906.3 Rescission for Undue Influence, Misrepresentation, etc 916.4 The (New Zealand) Contractual Remedies Act 1979 947 Illegality and Restraint of Trade 957.1 General Texts 957.2 Generally 957.3 Restraint of Trade and Restrictive Covenants 967.4 War 977.5 Champerty 977.6 The Effect of Illegality 978 Privity and Third Party Rights 998.1 Third Party Rights to Sue 998.2 Third Party Rights to Rely on Exclusion Clauses 1018.3Binding Third Parties to Exclusion Clauses 1028.4 The (US) Restatement (Second) of Contracts 1038.5 The (New Zealand) Contracts (Privity) Act 1982 1038.6 The (English) Contracts (Rights of Third Parties) Act 1999 1038.7 Contracts with Proprietary Effect 1068.8 Assignment 1069 Modification 1079.1 Generally 1079.2 Consideration for Contract Modifications 1089.3 Waiver and Promissory Estoppel 1099.4 Duress and Contract Modifications 1109.5 Agreed Termination 11110 Breach and Termination 11210.1 Generally 11210.2 Cure and Re-Tender 11210.3 Anticipatory Breach and Renunciation 11310.4 Repudiatory/Fundamental Breach 11410.5 The Effects of Repudiatory Breach 11510.6 Termination Pursuant to Express Contract Clauses 12111 Remedies 12311.1 General Texts 12311.2 Generally 12311.3 Theory 12412 Specific Relief 12712.1 Action for Debt/Action for an Agreed Sum 12712.2 Specific Performance and Injunctions 12713 Damages 13113.1 General Texts 13113.2 Compensatory/Expectation Damages 13113.3 Non-Pecuniary Losses 13713.4 Limiting Principles and Quantification 14213.5 Non-Compensatory Damages 15113.6 Theory 15914 Concurrent Liability 16614.1 Contract and Tort 16614.2 Contract and Unjust Enrichment 16814.3 Promissory Estoppel as a Cause of Action 17015 Procedure, Litigation and Drafting 17415.1 Limitation 17415.2 Contribution 17415.3 Drafting 17516 Contract Theory 17616.1 General Texts 17616.2 About Theorising 17616.3 Theories 17716.4 Mandatory and Default Rules 19517 Codification and International Harmonisation 19917.1 National 19917.2 European 19917.3 Global 20118 Comparative Contract Law 20218.1 General 20218.2 European 20219 Contract and Other Areas of Law 20419.1 Contract and Agency 20419.2 Contract and Bailment 20419.3 Contract and Company Law 20519.4 Contract and Crime 20519.5 Contract and Employment 20619.6 Contract and Family 20619.7 Contract and Fiduciary Duties 20619.8 Contract and the Law of Obligations 20719.9 Contract and Property 20819.10 Contract and Tort 20819.11 Contract and Trusts 21019.12 Contract and Unjust Enrichment/Restitution 21020 Legal History 21120.1 General and Miscellaneous 21120.2 Fourteenth-Sixteenth Centuries 21220.3 Seventeenth-Eighteenth Centuries 21220.4 Nineteenth Century 21320.5 Twentieth Century 21321 Influences and Development 21521.1 Particular Individuals 21521.2 The Role of Commerce 21521.3 The Role of Morality 21621.4 The Role of Equity 21621.5 The Role of Public Law 21622 Miscellaneous 21822.1 Novelty 21822.2 Contract Law and Literature 21822.3 Teaching Contract Law 219Index 221Index to Authors 225
