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3 569 kr
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This new and updated edition provides a scholarly and 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 book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting, and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems, and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort, and the methods of resolving a battle of the forms. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] which considered the extent to which issues of contract formation involved issues of law or fact.Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore, and New Zealand, where these inform the development of principles in English law.
2 500 kr
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Furmston and Tolhurst of Privity of Contract, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract, with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore).The work opens by examining the early and modern history of the privity rule and its place in English law up to the enactment of the Contract (Right of Third Parties) Act 1999. Consideration is given to common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. Later chapters analyse the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promisee where the loss suffered by reason of a breach of contract has been incurred by a third party. The book concludes by considering reform under the Contract (Right of Third Parties) Act 1999, as well as statutory reform in other jurisdictions.Author Gregory Tolhurst has updated the second edition to review all relevant statutory provisions. The new edition examines the decision in the United Kingdom Supreme Court in Public and Commercial Services Union v Secretary of State for the Department for Environment, Food and Rural Affairs [2024], as well as Swynson Ltd v Lowick Rose llp [2018] AC 313 on the assessment of damages.This book provides a thorough examination of the law of privity, and is written by an expert in contract law, as well as featuring contributions from the first edition by the late Michael Furmston.