Casebook on Contract

Andrew Burrows is Professor of the Law of England at the University of Oxford.

The book covers the key cases considered in the contract law teaching syllabus. It is beneficial that the book includes background commentary on each topic which helps set the appropriate context for the cases discussed. The inclusion of a "notes and questions" section is also helpful as students can use it to test their understanding of the cases considered. For readers wishing to research a topic further, the "additional reading" section at the end of each chapter and the brief synopsis of the recommended texts are immensely helpful.

• Summary of ContentsPART ONE: THE FORMATION OF A CONTRACT 1. OFFER AND ACCEPTANCE 1. Introduction 2. Offers and Invitations to Treat 3. Acceptance 4. Termination of an Offer 5. Problematic Offer and Acceptance 2. CERTAINTY AND INTENTION TO CREATE LEGAL RELATIONS 1. Certainty 2. Intention to Create Legal Relations 3. CONSIDERATION AND PROMISSORY ESTOPPEL 1. Consideration 2. Promissory Estoppel PART TWO: THE TERMS OF A CONTRACT4. IDENTIFYING THE TERMS 1. Terms or Mere Representations? 2. Incorporation of a Party’s Written Terms3. Implied Terms 5. INTERPRETING THE TERMS 1. The Modern Approach to Construction 2. Construction of Exemption Clauses 6. STATUTORY CONTROL OF EXEMPTION CLAUSES AND UNFAIR TERMS 1. The Unfair Contract Terms Act 1977 2. The Consumer Rights Act 2015 (Part 2 Etc) PART THREE: REMEDIES FOR BREACH OF CONTRACT7. TERMINATION 1. The Meaning of Termination for Breach 2. Conditions, Warranties and Innominate Terms 3. Termination Clauses 4. Anticipatory Breach 5. Restitution after Termination for Breach 6. Consumer Contracts for Goods (or Digital Content) 8. DAMAGES 1. Compensatory Damages 2. An Account of Profits 3. Negotiating Damages 4. Agreed/Liquidated Damages and Penalties 9. DIRECT ENFORCEMENT 1. The Award of an Agreed Sum 2. Specific Performance 3. Injunctions PART FOUR: PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS10. PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS 1. Introduction 2. Four Cases Establishing or Confirming the Privity Doctrine (on its Benefit Side) 3. Exceptions to Privity (on its Benefit Side) 4. The Promisee’s Remedies in a Contract Made for the Benefit of a Third Party 5. The Contracts (Rights of Third Parties) Act 1999 6. Exceptions to the Privity Doctrine on its Burden SidePART FIVE: FACTORS ALLOWING ESCAPE FROM A CONTRACT11. MISREPRESENTATION 1. Requirements of Misrepresentation 2. Rescission for Misrepresentation 3. Damages for Misrepresentation 4. Exemption of Liability for Misrepresentation: Misrepresentation Act 1967, Section 3 12. MISTAKE 1. Unilateral Mistake 2. Common Mistake 13. FRUSTRATION 1. The Early Approach of Absolute Liability 2. The Kinds of Events that Amount to Frustration 3. Factors Excluding Frustration 4. The Juristic Basis of Frustration 5. The Effects of Frustration 6. The Relationship Between Common Mistake and Frustration 14. DURESS 1. Duress of the Person 2. Economic Duress 15. UNDUE INFLUENCE AND EXPLOITATION OF WEAKNESS 1. Undue Influence 2. Exploitation of Weakness