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Key Textbooks in Contract and Restitution

Beale, Bishop and Furmston: Contract Cases and Materials 5e Beatson: Anson's Law of Contract 28e Burrows, McKendrick and Edelman: Cases and Materials on the Law of Restitution 2e Chen-Wishart: Contract Law Furmston: Cheshire, Fifoot and Furmston's Law of Contract 15e Koffman and Macdonald: Law of Contract 5e McKendrick: Contract Law: Text, Cases and Materials 2e OSullivan and Hilliard: The Law of Contract 2e Poole: Casebook on Contract Law 8e Poole: Textbook on Contract Law 8e Smith: Atiyah's Introduction to the Law of Contract 6e

SEE ALSO: Rose: Statutes on Contract, Tort and Restitution 2006-2007 17e



Cases and Materials Fifth Edition
HUGH G. BEALE, Honorary Bencher of Lincoln's Inn; Professor of Law, University of Warwick, Law Commissioner for England and Wales WILLIAM D. BISHOP, Chairman, Lexecon (Consultant Economists), MICHAEL P. FURMSTON,

Bencher of Gray's Inn; Emeritus Professor and Senior Research Fellow, University of Bristol

places substantive law in its legal and commercial context ... illuminated with insightful author commentary

"The Beale, Bishop and Furmston 'Casebook' has become indispensable to teachers of the law of contract..." The SLS Reporter on a previous edition This outstanding casebook on contract comprises a wide selection of cases and materials that not only illustrates the substantive law, but places it in its legal and commercial context. It demonstrates how the rules work both inside and outside the courtroom and how they may be used to guide agreements, as well as to settle disputes. The cases and relevant statutes are illuminated with insightful author commentary, as the authors highlight difficulties in the law, encouraging students to take their understanding to a higher level. This is an essential text for any undergraduate contract law student, and is also a valuable purchase for students embarking on postgraduate study. NEW TO THIS EDITION Chapter summaries allow students to check their understanding of the material in an accessible, user-friendly format An Online Resource Centre features annual updates and useful web links, to ensure readers can continue to benefit from the text while keeping up-to-date with developments in the law.

Part I - Introduction; 1. Contracts and contract law; 2. Contract, tort and restitution; 3. The functions of contract law; 4. Economic analysis of contract law; 5. Empirical work; Part II - Enforceable types of promise; 6. Consideration; 7. Intention to create legal relations; Part III - Has an agreement been reached?; 8. Offer and acceptance; 9. Uncertainty and incompleteness; 10. Communication mistakes; Part IV Obligations and risks; 11. Express terms in oral agreements; 12. Contents of written contracts; 13. Inaccurate information and misrepresentation; 14. Gapfilling by interpretation; 15. Implied terms; 16. Discharge by frustration; 17. Expectation mistakes; 18. Discharge by construction; 19. Duties of disclosure; Part V - Remedies; 20. Some preliminary questions; 21. Withholding performance and termination for default; 22. Damages; 23. Literal enforcement; 24. Restitutionary remedies; Part VI Contract theory; 25. Why are promises binding?; 26. Economic analysis of contract law; 27. The impact of the empirical studies; 28. Critical approaches to contract; 29. Developing the relational contract notion; 30. Fairness and distributive justice; 31. Transformation thesis; Part VII - Changing the bargain; 32. Rescission, variation, waiver and promissory estoppel; 33. Adjustments in longer-term contracts; Part VIII - Policing the bargain; 34. Duress; 35. Undue pressure and undue influence; 36. Unconscionable bargains; 37. A general principle?; 38. Standard form contracts; 39. Exclusion clauses; 40. Unfair terms in consumer contracts; 41. Regulated contracts; Part IX - Illegality; 42. Contracts contrary to public policy; 43. Contracts involving the commission of a crime or a tort; 44. Contracts in restraint of trade; Part X Intermediaries, third parties and assignment; 45. Agency; 46. Privity and the benefit of a contract between others; 47. Subsequent assignment of the benefit of a contract; 48. Privity and burdens; 49. Assignment and the burden of a contract

1,314 pp September 2006 31.99 0-19-928736-8 978-0-19-928736-9 Paperback



The contents of Pooles textbook and casebook now follow use the textbook and casebook in tandem

Textbook on Contract Law

Eighth Edition
Professor of Commercial Law, University of the West of England


This is a new edition of the established Textbook on Contract Law by Professor Jill Poole. Designed specifically for undergraduates new to the subject, this text offers an accessible, informative, and engaging account of the modern law of contract. This eighth edition provides comprehensive, up-to-date coverage of key topics. The text opens with an overview of the key theories and issues surrounding contract law which places the subject in its wider context, then goes onto a detailed treatment of all key topics. Provides a straightforward, comprehensive, and accessible introduction to contract law Covers key contemporary topics, such as e-contracts and the impact of the Human Rights Act, to keep the student up-todate with the latest developments Each chapter includes a chapter summary, which draws together key themes and issues, selected further reading lists, and useful web links to guide students towards the most relevant and up-to-date resources available. The Online Resource Centre provides essential updating, sample questions, suggestions for further reading, web links, and guidance on successful exam technique, enabling students to keep up-to-date on an ongoing basis, and providing additional resources for study and revision. For lecturers the Online Resource Centre includes a new test bank containing ready-made questions to download, providing a time-saving and effective teaching resource.

1. Introduction to the law of contract; Part I - Formation; 2. Agreement; 3. Agreement problems; 4. Consideration, promissory estoppel and form; 5. Intention to create legal problems; Part II - Content, interpretation, performance, and discharge; 6. Content of the contract and principles of interpretation; 7. Exemption clauses and unfair contract terms; 8. Discharge by performance, agreement, and breach; Part III Enforcement of contractual obligations, overview of the law on remedies for breach of contract; 9. Damages for breach of contract; 10. Remedies providing for specific relief and restitutionary remedies; 11. Privity of contract and third party rights; 12. Discharge by frustration: subsequent impossibility; Part IV - Methods of policing the making of the contract; 13. Non-agreement mistake; 14. Misrepresentation; 15. Duress, undue influence, and unconscionable bargains; 16. Illegality and capacity to contract

610 pp May 2006 23.99 0-19-928248-X 978-0-19-928248-7 Paperback

How exactly are your books designed for students new to the subject? Contract law can appear to be a technical, and therefore difficult, area of law and it is often studied at a time when students are relatively new to the study of law. The perception of difficulty can be most easily overcome if the law is presented in a clear, structured and readable format whilst at the same time providing sufficient detail, authoritative discussion and breadth of coverage of the most relevant legal principles and case law. As a student I found that the best way to stay in control of my studies of any legal subject was through adopting a framework or structure for the principles and case law and seeking to ensure that I understood each principle and the relevant authorities before moving on. This can be challenging when new topics are presented weekly and my aim in writing Textbook and Casebook on Contract Law has been to provide a student-friendly structure, and to use the case law to explain the reasoning for particular principles and how principle might develop further. I dont believe in making the subject any more difficult than it needs to be. Textbook therefore explains contractual principles with the aim of presenting a comprehensive and cohesive account in a clear and uncomplicated manner. The same aims underpin the treatment in Casebook on Contract Law. I want to assist students to organize contract case law, to understand through reading the extracts from judgments exactly how particular decisions fit into the general body of


the same chapter order and structure making it easier to


Casebook on Contract Law

Eighth Edition
Professor of Commercial Law, University of the West of England


contract law principles. This process enables students to develop a confidence in their own ability to learn and evaluate when faced with reading full and lengthy judgments. It is intended that each chapter of Casebook can be used as a cohesive account of principle, supporting the discussion in Textbook. So how easy is it to use both books side-by-side? Publication of the eighth edition of both books in the same year has given me the opportunity to complete the alignment of the structure of these books so that they can be used together as an effective, clear and cohesive learning package. In these editions the chapter headings and structure mirror one another and the topic order is the same. This should assist in the process of understanding the relevant law and retaining a sense of control over what can appear to be a voluminous and unmanageable knowledge base. What if students still have questions on a particular issue? I am grateful for the many generous comments in emails from students and also for the questions which help me to gauge those issues in contract law which students consider the most challenging. The number of emails seeking advice and assistance has grown considerably over the past two years and I am happy to respond to any questions stemming from discussion in either the Textbook or Casebook.

Can be used as a traditional casebook or as a companion to Poole's Textbook on Contract Law Jill Poole's best-selling Casebook on Contract Law provides a clear and well-structured explanation of the principles and rules of contract law through a comprehensive selection of case law, addressing all aspects encountered on undergraduate courses in a clear and logical structure that is easy for students to follow. The coverage in this new edition has been revised to incorporate all recent significant decisions and judgments made by the House of Lords and the Court of Appeal. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the court, why decisions are made, and how legal principles are developed, thus enabling cases to be analysed and discussed independently while, taken as a whole, the chapters provide a sound understanding of the modern law of contract. Succinct author commentary focuses the reader on the key elements within the extracts, while thought-provoking questions are posed throughout to develop more in-depth analysis. Introductory chapter provides valuable guidance on how to develop the essential skill of case-reading, offering first year students extra advice and support The two-colour text design enables students to differentiate easily between extracts and author commentary

Supported by an Online Resource Centre that provides updates, self-test questions and answers, advice on how to answer problem-style questions, and guidance on how to read cases, ensuring students have access to the most up-to-date information, as well as acting as an additional learning resource.

1. Guidance on reading cases and analysing case law; 2. Agreement; 3. Certainty and agreement problems; 4. Consideration, promissory estoppel and form; 5. Intention to create legal relations; 6. Terms and contractual interpretation; 7. Exemption clauses and unfair contract terms; 8. Discharge for breach of contract; 9. Remedies for breach of contract; 10. Privity of contract and third party rights; 11. Discharge by frustration; 12. Common mistake; 13. Misrepresentation; 14. Duress, undue influence and inequality of bargaining power; 15. Illegality and capacity to contract

765 pp August 2006 26.99 0-19-929029-6 978-0-19-929029-1 Paperback



Atiyah's Introduction to the Law of Contract

Sixth Edition
Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. The sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract. An innovative and authoritative exposition of the modern law of contract offering readers an illuminating account of the subject Regarded as a landmark textbook in English legal scholarship, it is widely recognized as one of the most interesting and innovative books to have been published on contract law in recent years Takes a critical and argumentative approach, engaging readers in debates about the meaning and value of the law A comprehensive treatment of contract law makes this book ideal for use on all undergraduate courses. NEW TO THIS EDITION The revised contents reflects various changes in contract law teaching and scholarship that have taken place in recent years Updated to include a critical overview of the Unfair Terms in Consumer Contracts Regulations 1999 and the Contracts (Rights of Third Parties) Act 1999, as well as developments in unjust enrichment. CONTENTS:


Professor and William Dawson Scholar, McGill University

1. Introduction; 2. Definition and classification; Part I - Formation of contracts; 3. Offer and acceptance; 4. Beyond offer and acceptance: formalities, intent to create legal relations, and consideration; Part II - The content of the contract; 5. Express terms; 6. Implied terms; 7. The force and scope of contractual obligations: standards of care, mistake, frustration, breach, and notice; 8. Unenforceable contracts and terms; Part III - Excuses for non-performance; 9. The duty to disclose material facts; 10. Misrepresentation; 11. Duress and undue influence; 12. Unfair contracts; Part IV - Enforcing the contract; 13. Third party rights; 14. Remedies for breach of contract

Clarendon Law Series 480 pp February 2006 28.99 0-19-924941-5 978-0-19-924941-1 Paperback



The Law of Contract

Second Edition


JANET O'SULLIVAN, Fellow and Director in Law at Selwyn College, Cambridge, JONATHAN HILLIARD, Barrister at Wilberforce Chambers, London The Law of Contract is an innovative textbook, presenting the core of the traditional contract syllabus in a way that readers will find useful and stimulating on many different levels. For students who need an accessible, modern introduction to the subject, it presents the law in a direct, engaging style, with helpful tips for understanding its complexities and structuring answers to legal problems. But for those who wish to probe more deeply, it also analyses in detail the relevant legal principles, addressing current controversies and placing the law in its commercial context. In particular, the book explores academic commentary on the law of contract, summarizing and explaining the arguments and their implications. An accessible and modern introduction to contract law suitable for use on all undergraduate law courses Focusing on the fundamentals of contract law and the rationales underlying them, this book takes students to the heart of key issues Each chapter includes a summary, suggestions for further reading, self-test questions and a general overview helping students engage more fully with the subject A clear page layout incorporating numbered paragraphs for quick and easy reference Second edition thoroughly updated to incorporate all the changes in contract law since the publication of the first edition in 2004. CONTENTS:
1. General themes and issues; 2. Offer and acceptance I: General principles; 3. Offer and acceptance II: three applications of the general principles; 4. Certainty; 5. Contracts which fail to materialise; 6. Consideration and estoppel; 7. Privity; 8. Terms of the contract I: exemption clauses and unfair terms; 9. Terms of contract II: exemption clauses and unfair terms; 10. Misrepresentation and non-disclosure; 11. Duress; 12. Undue influence; 13. Unconscionable bargains; 14. Incapacity; 15. Illegality and public policy; 16. Common mistake; 17. Frustration; 18. Discharge of a contract for breach; 19. Remedies I: compensatory damages; 20. Remedies II: specific remedies; 21. Remedies III: other non-compensatory remedies

Cheshire, Fifoot and Furmston's Law of Contract

Fifteenth Edition
M. P. FURMSTON, Bencher of Gray's Inn, Emeritus Professor of Law and Senior Research Fellow, University of Bristol


"...for a quick reference guide this is probably the best book available on English contract law" Litigation - on a previous edition This fifteenth edition of Cheshire, Fifoot & Furmston's Law of Contract remains one of the leading textbooks on the subject more than fifty years after the publication of its first edition. Michael Furmston's exposition is comprehensive and clear, and describes all the major principles of the English law of contract, providing students with a thought-provoking analysis and intellectual insight into contract law. This text represents an authoritative, yet accessible source of information and analysis for students studying the law of contract and law of obligations. In addition to this each chapter contains numerous references to primary and secondary sources to take the student even further into the subject. The book is clearly structured with a summary at the start of each chapter, clear sub-headings, and footnotes, to ensure easy navigation through the narrative text. NEW TO THIS EDITION The revised contents ensure the text maps even more closely to undergraduate contract courses Now supported by an Online Resource Centre which features annual updates and web links, to ensure the reader has access to the latest developments in contract law. CONTENTS:
1. Historical introduction; 2. Some factors affecting modern contract law; 3. The phenomena of agreement; 4. Consideration; 5. Intention to create legal relations; 6. The contents of the contract; 7. Unenforceable contracts; 8. Mistake; 9. Misrepresentation, duress and undue influence; 10. Contracts rendered void by statute; 11. Contracts illegal by statute or at common law; 12. Contracts void at common law on grounds of public policy; 13. Capacity of parties; 14. Privity of contract; 15. Privity of contract under the law of agency; 16. The voluntary assignment of contractual rights and liabilities; 17. The involuntary assignment on contractual rights and liabilities; 18. Performance and breach; 19. Discharge by agreement; 20. Discharge under the doctrine of frustration; 21. Remedies for breach of contract; 22. Quasi-contract

Core Text Series 560 pp August 2006 19.99 0-19-929032-6 978-0-19-929032-1 Paperback

830 pp August 2006 31.99 0-19-928756-2 978-0-19-928756-7 Paperback



Contract Law
MINDY CHEN-WISHART, Fellow of Merton College, Lecturer at Oxford University This textbook provides an accessible and engaging account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection. In addition, coloured diagrams provide a visual explanation of the concepts described in the text. Clarity of explanation using everyday language makes critical debate and difficult areas of the law readily accessible Colour diagrams, flowcharts and tables provide a visual representation of the complexities of the law, thereby helping students to easily put these into context Features such as counterpoint and reflection boxes encourage students to reflect on their reading and to fully consider counter arguments Key points and questions are clearly listed at the end of each chapter and encourage students to assess their understanding and prepare for their revision Comprehensive treatment of contract law makes this book suitable for all undergraduate contract law courses Accompanied by a test bank of multiple choice questions for students to test their progress and understanding. CONTENTS:
1. Introduction; Part I - Contract information; 2. The test of intention: objectivity and mistake of terms; 3. Agreement; 4. Enforceability; Part II - Vitiating factors; 5. Misrepresentation and non-disclosure; 6. Mistake of fact; 7. Frustration; 8. Duress; 9. Exploitation; Part III - The contents of contracts; 10. Identifying contractual terms; 11. Interpretation of terms; 12. Direct control over terms; Part IV - Breach and remedies for breach; 13. Breach of contract and termination; 14. Damages; 15. Specific and agreed remedies; Part V- Privity; 16. Privity

Contract Law
Text, Cases, and Materials Second Edition
EWAN MCKENDRICK, Professor of English Private Law, University of Oxford Written by one of the leading authorities in this field of law, this book offers students a firm understanding of the central doctrines of contract law and the controversies associated with them. Presenting a unique balance of 1/3 text to 2/3 cases and materials, the book can be used both as a stand alone text and as a companion volume to a short introductory textbook. Extracts from materials such as the Principles of European Contract Law and the UNIDROIT Principles for International Commercial Contracts are incorporated throughout to provide a useful point of comparison with English Law - encouraging critical reflection upon the state of the English system and illustrating how the law of contract is regarded in other jurisdictions. Specimen clauses are also cited to demonstrate some of the practical problems that confront both businessmen and lawyers, offering students working examples of complex issues. Questions are placed at key points throughout the text to encourage further consideration and reflection of complex or controversial issues, while extensive referencing promotes further research. Written in a familiar and engaging style, this book offers a thought-provoking and well-balanced argument aimed squarely at undergraduates. This book is supported by an Online Resource Centre providing students and lecturers with critical summaries, web links, extra cases and materials and recent updates. There is also a test bank with 150 multiple choice questions with answers and feedback. CONTENTS:
1. Introduction; Part I - Formation; 2. Agreement: objective or subjective?; 3. Offer and acceptance; 4. Uncertain and incomplete agreements; 5. Consideration and promissory estoppel; 6. Formalities; 7. Intention to create legal relations; Part II - Terms; 8. The terms of the contract; 9. Incorporation of terms; 10. Implied terms; 11. The interpretation of contracts; 12. Boilerplate clauses; 13. Exclusion clauses; 14. Unfair terms in consumer contracts regulations 1999; 15. Good faith; Part III - Setting the contract aside; 16. Mistake; 17. Misrepresentation; 18. Duress; 19. Undue influence; 20. Unconscionability and inequality of bargaining power; 21. Incapacity; 22. Illegality and public policy; 23. Frustration and force majeure; Part IV - Remedies for breach; 24. Breach of contract; 25. Damages; 26. Specific performance; Part V - Third party rights; 27. Third parties

1,322 pp March 2005 33.99 0-19-927480-0 978-0-19-927480-2 Paperback

737 pp March 2005 25.99 0-19-926814-2 978-0-19-926814-6 Paperback



The Law of Contract

Fifth Edition
LAURENCE KOFFMAN, Reader in Law, Director of Undergraduate Studies at the Sussex Institute, University of Sussex, ELIZABETH MACDONALD, Professor of Law, University of Wales Swansea, Department of Law "Laurence Koffman and Elizabeth Macdonald's The Law of Contract... builds strongly on highly regarded previous editions" The Times Higher Education Supplement The Law of Contract is the complete introductory guide to all aspects of contract law. It gives a thorough explanation of the law, sharply focused commentary and an in-depth analysis of the case law. This new edition continues the tradition of providing a sound grounding in this often complex area of the law. It contains extensive revisions, with a complete update of all the important developments. CONTENTS:
1. Introduction to the study of contract law; 2. Formation of the contract; 3. Certainty and completeness; 4. Consideration; 5. Promissory estoppel; 6. Intention to create legal relations; 7. Express and implied terms; 8. Contingencies, classification of terms and entire contracts; 9. Exemption clauses; 10. Exemption clauses and the unfair contract terms; 11. Unfair terms in consumer contract regulations 1999; 12. Mistake; 13. Misrepresentation; 14. Duress and undue influence; 15. Illegality; 16. Unconscionability and unfairness; 17. Capacity; 18. Privity and third party rights; 19. Performance and breach; 20. The doctrine of frustration; 21. Remedies; 22. An outline of the law of restitution; 23. Agency

Contract Law
Themes for the Twenty-First Century Second Edition


ROGER BROWNSWORD, Professor of Law, Kings College London; Honorary Professor in Law, University of Sheffield In this unique volume, Roger Brownsword provides a thoughtful overview of the principal themes of the law of contract. It includes a discussion of a range of classical and modern influences over the current law, which provides a contextual background to inform students' studies. He explores the context of the recent development of contract law, and considers the many changes the law has undergone given the ever-evolving nature of English law. NEW TO THIS EDITION An introductory chapter and conclusion have been added to make the text more accessible to its student readership Includes discussion of recent cases/legislation such as the Great Peace Shipping case and the Human Rights Act, making it an ideal up-to-date supplementary text for undergraduates The issue of contextual interpretation is addressed, together with a discussion on the Europeanization of contract law, which further broadens its appeal across different contract courses. CONTENTS:
1. Introduction; 2. The nature of contract; 3. Freedom of contract; 4. Inequality of bargaining power; 5. Reasonableness; 6. Good faith; 7. The tendency of the modern law; 8. The globalization of contract law; 9. The interfaces of contract law; 10. The rationality of contract law; 11. Conclusion

762 pp 2004 29.99 0-75-452445-0 978-0-75-452445-8 Paperback

225 pp July 2006 17.99 0-19-928761-9 978-0-19-928761-1 Paperback

Anson's Law of Contract

Twenty-eighth Edition
SIR JACK BEATSON QC, FBA, Justice of the High Court, Queens Bench Division Ansons Law of Contract, under the stewardship of Jack Beatson, remains one of the finest expositions of English contract law available for a clear, readable and authoritative exposition of the general principles of contract law, it is impressive indeed. Lloyds Maritime and Commercial Law Quarterly Ansons trademarks are reliability, authority and clarity - this edition continues to offer the most accurate statement of the law of contract and its underlying principles Comprehensive, in-depth coverage of all elements of contract law - addressing all the topics on contemporary courses in sufficient detail New format and page design, bringing the look and feel of this new edition in line with contemporary student needs. CONTENTS:
1. Introduction; Part I - Formation of contract; 2. The agreement; 3. Form, consideration, and promissory estoppel; 4. The terms of the contract; Part II - Factors tending to defeat contractual liability; 5. Incapacity; 6. Misrepresentation and non-disclosure; 7. Duress, undue influence, and unconscionable bargains; 8. Mistake; 9. Illegality; Part III - Limits of the contractual obligation; 10. Third parties; 11. Assignment and negotiability; Part IV - Performance and discharge; 12. Performance; 13. Discharge by agreement; 14. Discharge by frustration; 15. Discharge by breach; 16. Discharge by operation of law; Part V - Remedies for breach of contract; 17. Damages; 18. Specific remedies; 19. Restitutionary awards; 20. Limitation of actions; Part VI - Agency; 21. Creation of agency; 22. Effect of agency; 23. Termination of agents authority

836 pp 2002 0-19-876576-2 978-0-19-876576-9 Paperback 33.99 0-19-925603-9 978-0-19-925603-7 Hardback 75.00



Contract Theory
STEPHEN A. SMITH, Professor and William Dawson Scholar, McGill University Offers a comprehensive account of contract theory - eliminating the need for extensive reference to long and complex articles Explains theoretical arguments in non-technical language Written by a leading contributor to the field. CONTENTS:
Part I - Methodology; 1. What is contract theory?; Part II - General theories of contract; 2. Introduction to general theories: classification and overview; 3. The nature of contractual obligations: the analytic question; 4. The justification of contractual obligations: the normative question; Part III- Contract law doctrines; 5. Establishing agreement: the law of offer and acceptance; 6. The kinds of agreements that are enforced: formalities, intention to create legal relations, consideration, and estoppel; 7. The kinds of agreements not enforced: substantive limitations on enforceability; 8. The content of the contract: interpreting and implying terms; 9. Excuses for non-performance: duress, unconscionability, mistake, misrepresentation, frustration, and discharge for breach; 10. Breach of contract: the puzzle of strict liability; 11. Remedies for breach

Cases and Materials on the Law of Restitution

Second Edition


ANDREW BURROWS QC, Norton Rose Professor of Commercial Law, University of Oxford, Fellow of St Hughs College; Honorary Bencher of Middle Temple, EWAN MCKENDRICK, Professor of English Private Law, University of Oxford, Fellow of Lady Margaret Hall; member of Chambers, 3 Verulam Buildings, Gray's Inn, JAMES EDELMAN, CUF lecturer, University of Oxford, Fellow of Keble College; Barrister, Western Australia; Adjunct Professor of Law, University of Western Australia. The law of restitution has developed rapidly in the last two decades and this edition revises and updates the hugely successful first edition to reflect the many developments since its publication nine years ago. It continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities. Students are guided through the cases and materials with introductions, notes and questions which clarify the issues and stimulate the reader. A comprehensive collection of the key cases and leading extracts in restitution Notes and questions at the end of each extract focus students attention to salient issues Tight, logical structure guiding the reader through the law of restitution Up-to-date coverage of this rapidly developing area of private law Contains cases and academic commentary of comparative law. CONTENTS:
1. Unjust enrichment and competing theories; 2. The essential ingredients of a restitutionary claim; 3. Mistake; 4. Ignorance; 5. Failure of consideration; 6. Illegitimate pressure; 7. Undue influence and exploitation of weakness; 8. Legal compulsion: compulsory discharge of anothers legal liability; 9. Necessity; 10. Illegality as a ground for restitution; 11. Incapacity as a ground for restitution; 12. Ultra vires demands by public authorities; 13. Restitution for wrongs; 14. Tracing and proprietary restitution; 15. Defences

Clarendon Law Series 478 pp 2004 19.99 0-19-876561-4 978-0-19-876561-5 Paperback

Remedies for Torts and Breach of Contract

Third Edition
ANDREW BURROWS, Norton Rose Professor of Commercial Law, University of Oxford, Fellow of St Hughs College; Honorary Bencher of Middle Temple Now in its third edition, this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. CONTENTS:
1. General introduction; Part I - Compensation; 2. Introduction to compensatory damages: types of loss, compensatory aims and theoretical underpinnings; 3. Factual causation; 4. Proof of loss and loss of a chance; 5. Contractual reliance damages; 6. Principles limiting compensatory damages; 7. Compensating advantages; 8. Form of compensatory damages, date for assessment, taxation; 9. Pecuniary loss (except consequent on personal injury, death or loss of reputation); 10. Personal injury losses; 11. Losses on death; 12. Loss of reputation; 13. Mental distress or physical inconvenience (except consequent on personal injury or death); 14. Awards of interest on damages; 15. Limitation periods; 16. Equitable (compensatory) damages; Part II Restitution and punishment; 17. Restitutionary remedies (for torts and breach of contract); 18. Punitive damages; Part III - Compelling performance or preventing (or compelling the undoing of) a wrong; 19. The award of an agreed sum; 20. Specific performance; 21. Injunctions; 22. Delivery up; Part IV - Declaring rights; 23. Nominal and contemptuous damages and declarations; Part V - Remedies for available wrongs; 24. Remedies for equitable wrongs

1,000 pp November 2006 45.00 0-19-929651-0 978-0-19-929651-4 Paperback

756 pp 2004 35.00 0-40-697726-7 978-0-40-697726-7 Paperback



An Outline of the Law of Contract

Sixth Edition
G. H. TREITEL, Honorary Bencher of Gray's Inn, Fellow of All Souls College, Vinerian Professor of English Law, University of Oxford The sixth edition of this classic text has been extensively updated and re-written to take into account all the legislative changes since the last edition. It examines thoroughly such legislation as the Contracts (Rights of Third Parties) Act 1999, the Competition Act 1998, the Financial Services and Markets Act 2000, the Enterprise Act 2002, the Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protection (Distance Selling) Regulations 2000 and the Sale and Supply of Goods to Consumers Regulations 2002. CONTENTS:
1. Introduction; 2. Agreement; 3. Consideration; 4. Contractual Intention; 5. Form; 6. The contents of a contract; 7. Standard terms and exemption clauses; 8. Mistake; 9. Misrepresentation; 10. Improper pressure; 11. Illegality; 12. Contractual capacity; 13. The parties to a contract; 14. Transfer of contractual rights; 15. Agency; 16. Performance and breach; 17. Frustration; 18. Remedies for breach of contract

The Principles of the Law of Restitution

Second Edition


GRAHAM VIRGO, Reader in English Law, Fellow and Senior Tutor of Downing College, Cambridge This book seeks to analyse the law of restitution, namely that body of law which is concerned with the award of remedies which are assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims which are founded on unjust enrichment, but also considers the award of restitutionary remedies following the commission of a wrong and claims involving the recovery of the claimant's property. The law is analysed by focusing on the principles which underpin the subject. 800 pp June 2006 0-19-929850-5 978-0-19-929850-1 Paperback 39.99 0-19-928753-8 978-0-19-928753-6 Hardback 80.00

516 pp 2004 19.99 0-40-697268-0 978-0-40-697268-2 Paperback

Unjust Enrichment
Second Edition
The Late PETER BIRKS former Regius Professor of Civil Law, All Souls College, University of Oxford This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimants expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer in 2004 at the age of 62. It represents the final thinking of the worlds leading authority on the subject. CONTENTS:
Part I - Introduction; 1. A core case; 2. Three maps; Part II - Enrichment at the expense of the claimant; 3. Enrichment; 4. At the expense of the claimant; Part III - Unjust; 5. Changing direction; 6. Absence of basis; Part IV - The right to restitution; 7. Rights in personam; 8. Rights in rem; Part V - Defences; 9. Disenrichment and disimpoverishment; 10. Unjust-related defences; Part VI - Competing terminology; 11. Competing generics; 12. Persistent fragments

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