Table of contents
SECTION 1; 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;
SECTION 2; Enforceable Types of Promise;
6. Consideration;
7. Intention to create legal relations;
SECTION 3; Has an agreement been reached?;
8. Offer and acceptance;
9. Uncertainty and incompleteness;
10. Communication mistakes;
SECTION 4; 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;
SECTION 5; Remedies;
20. Some preliminary questions;
21. Withholding performance and termination for default;
22. Damages;
23. Literal enforcement;
24. Restitutionary remedies;
SECTION 6; 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;
SECTION 7; Changing the Bargain;
32. Rescission, variation, waiver and promissory estoppel;
33. Adjustments in longer-term contracts;
SECTION 8; Policing the Bargain;
34. Duress;
35. Under 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;
SECTION 9; Illegality;
42. Contracts contrary to public policy;
43. Contracts involving the commission of a crime or a tort;
44. Contracts in restraint of trade;
SECTION 10; 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;
Appendix;
Index