Holdings Information

Bibliographic Record Display

• Title:Contract formation : law and practice / Michael Furmston, G.J. Tolhurst ; contributor, Eliza Mik.
  
•    
• Author/Creator:Furmston, M. P., author.
  
• Other Contributors/Collections:Tolhurst, Greg, author.
  Mik, Eliza, contributor.
  
• Published/Created:Oxford : Oxford University Press, 2016.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K843 .F873 2016
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Contracts.
  Offer and acceptance.
  Declaration of intention.
  Culpa in contrahendo.
  
• Edition:Second edition.
  
• Description:li, 443 pages ; 26 cm
  
• Summary:This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780198724032 hardback
  0198724039 hardback
  
• Contents:Machine generated contents note: A. Introduction
  B. Objective Theory of Contract and Formation
  C. Concept of Agreement
  D. Contract Formation: An Issue of Fact or Law?
  A. General Considerations
  B. Identifying an Offer
  What constitutes an offer
  Requirements of a valid offer
  Commitment
  Certainty of terms
  Specified addressees
  Conclusion
  C. Communication of Offer
  A. Termination
  Introduction
  Lapse of time
  Delay in the communication of an offer
  Death of the offeror or offeree
  Failure of a contingency
  Rejection and counter-offer
  B. Revocation of Offers
  General rule
  Need for communication
  Practical problems with the general principle
  Circumventing the general principle
  Estoppel and the protection of reliance
  two-contract approach
  Modification of the rules applying to unilateral contracts
  A. Introduction
  B. Objective Theory
  C. Manner of Acceptance
  Prescribed manner of acceptance
  No prescribed manner of acceptance
  Acceptance by conduct
  Time of acceptance
  D. Who May Accept an Offer?
  E. Offeree Must Accept with Knowledge of the Offer
  F. Offeree Must Intend to Accept Offer
  G. Correspondence with Offer
  H. Acceptance Must Be Unequivocal
  I. Acceptance Must Be Communicated
  Introduction
  Offeror waiving need for communication
  J. Silence and Acceptance
  K. Instantaneous Communications and the Postal Acceptance Rule
  Instantaneous communications
  postal acceptance rule
  L. Standard Form Contracting and the 'Battle of the Forms'
  'battle of the forms' defined
  application of contract law principles to a battle of the forms
  different approach?
  Conclusions
  A. Auctions
  B. Reserve Prices
  C. Tenders
  A. Introduction
  B. Intention and Consideration
  C. Is There an Offer?
  Another challenge to objectivity-hypertext
  What are the contents of the offer/contract?
  D. Is There Acceptance?
  Method of acceptance
  Effectiveness of acceptance
  A. Cases Where the Letters of Intent Do Not Create a Contract
  B. Cases Where Letters of Intent Do Create a Contract
  C. Cases Where the Letters of Intent Have Some Legal Effect
  Letters of intent followed by performance
  D. Letters of Comfort
  E. Agreements Imposing Obligations as to the Course of the Negotiations
  A. Letters of Intent-Some Practical Considerations
  B. Possible Ways of Delaying Legal Effect of Letters of Intent
  C. Letters of Intent and Partially Completed Negotiations
  D. Agreements to Negotiate in Good Faith
  E. Refusal to Negotiate
  F. Starting Work
  A. Introduction
  B. 'Construction' of 'Subject to' Clauses
  C. 'Subject to Contract'
  Introduction
  legal effect of a 'subject to contract' provision
  No intention to be bound
  Intention to be immediately bound and to perform when the time for performance accrues
  Intention to be immediately bound but performance is suspended until a formal contract is executed
  Intention to be immediately bound but contract to be replaced with a more formal document
  D. 'Subject to Finance'
  Introduction
  efficacy of 'subject to finance' clauses
  obligations of the buyer
  E. Other 'Subject to' Clauses
  obligations of the parties
  F. Time for the Occurrence of Contingency
  G. Waiver
  H. Consequences of the Failure of a Condition
  A. Intention to Contract
  Introduction
  use of presumptions
  presumptions and threshold intention
  Consideration and intention to contract
  Family and social agreements
  Commercial agreements
  B. Letters of Comfort
  A. Introduction
  Formation and the relevance of certainty and completeness
  Intention to contract
  Overriding concern and principle
  B. Uncertainty
  Introduction
  Uncertain terms and illusory terms
  Uncertainty and ambiguity
  C. Incompleteness
  D. Agreements to Agree and Agreements to Negotiate
  Agreements to agree
  Agreements to negotiate
  E. Methods by Which the Courts and the Parties Resolve Uncertainty and Incompleteness
  Introduction
  Standard of reasonableness
  External standard
  Performance and reliance
  Terms of the contract
  Terms to be implied in fact, law, or custom
  Severance
  A. Introduction
  B. History
  Early history
  eighteenth century
  C. Function and Definition
  D. Adequacy of Consideration
  E. Nominal Consideration
  F. Consideration Must Be Sufficient
  G. Consideration Must Be Referable to the Promise
  H. Consideration Must Move From the Promisee (But Not Necessarily to the Promisor)
  I. Past Consideration is Not Consideration
  J. Consideration Must Not Be Illusory
  K. Performing Existing Legal Duties
  Duties imposed by law
  Contractual duties
  Promise to perform contractual duty to third party
  L. Part Payment of a Debt is Not Consideration for a Promise to Discharge Debt
  M. Exceptions to the Consideration Rules
  N. Estoppel
  meaning of estoppel
  Types of estoppel
  Promissory estoppel
  A. Introduction
  issue
  genesis of the duty of good faith
  Content of the duty
  B. Role of Good Faith
  Introduction
  preservative function
  Pre-contractual liability
  C. Conclusion
  A. Liability in Contract
  B. Quantum Meruit
  C. Estoppel.