Contract Formation
Law and Practice
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Product details:
- Publisher OUP Oxford
- Date of Publication 25 March 2010
- ISBN 9780199284245
- Binding Hardback
- No. of pages476 pages
- Size 255x176x32 mm
- Weight 973 g
- Language English 0
Categories
Short description:
Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.
MoreLong description:
This book on contract formation provides a 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 first part of this work discusses negotiations falling short of binding agreements. It examines the uses of letters of intent and how to draft them. The book gives detailed treatment of the topics of 'subject to contract' and conditional contracts as well as the issue of intention to create legal relations. Completing this part are chapters on certainty and a summary explaining pre-contracted liability in English law.
The second part of the work looks at the formation of the contract in process. This provides for full coverage of topics such as the mirror image rule, battle of laws and acceptance by silence. There is also a substantial chapter in this part examining the legal status of requests to submit tenders, tenders themselves, and obligations associated with the tendering process.
Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States and New Zealand, where these inform the development of principles in English law.
This book is a vital asset for anyone with a problem, whether they have a binding contract, be they practising lawyers, businessmen, academics, or, dare I say it, judges.
Table of Contents:
Formation and the Concept of Agreement
Offers and Invitations to Treat
Termination and Revocation of Offers
Acceptance
Auctions and Tenders
Formation Online
Letters of Intent
Practical Aspects of Letters of Intent
Conditional Contracts
Denial of Legally Binding Effect
Certainty and Completeness
Is There a Duty to Negotiate in Good Faith?
Pre-Contractual Liability