Defences in Contract

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also an Associate Academic Fellow in the Honourable Society of the Inner Temple, a Senior Honorary Research Fellow in the Faculty of Law, University of Western Australia, a Professorial Fellow in the School of Law, University of Wollongong and a barrister at 7 King’s Bench Walk.Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.

...Defences in Contract offers us a critical, groundbreaking analysis of how contract law doctrines can be properly explained through the lens of defences...this book provides thought-provoking insight on a topic that is important but often neglected in the law of contract. More importantly, it fills a long-existing gap in the contract law literature while giving a more complete view of the existing contract law regimes.

• 1. Thinking in Terms of Contract Defences Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith2. What Is a Contractual Defence (and Does It Matter)? Kit Barker3. Good Faith Bargaining in the Shadow of a Form Daniel Markovits4. Good Faith, Good Conscience, and the Taking of Unfair Advantage Stephen Waddams5. Undue Influence and Unconscionability Hugh Beale6. Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment? Mary Arden7. Not Waiving but Drowning Robert Stevens8. Frustration: Automatic Discharge of Both Parties? Ewan McKendrick9. Resisting Termination: Some Comparative Observations Solène Rowan10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility Venkatesan Niranjan11. Contributory Negligence and Strict Contractual Obligations Revisited Janet O’Sullivan12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy Gerard McMeel13. Illegality: Where Are We Now? Roger Toulson