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    COLLINS, Hugh, The Law of Contract

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    Danilo Ramacciotti
    This document is the table of contents for the third edition of "The Law of Contract" by Hugh Collins. It lists the 17 chapters that make up the book and provides a brief 2-3 sentence description of the topics covered in each chapter. The book examines the social and economic role of contracts in the modern market as well as exploring legal tests of enforceability, consideration and reliance models, and issues like fairness, liability, remedies and more.

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    COLLINS, Hugh, The Law of Contract

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    Danilo Ramacciotti
    45 views4 pages
    This document is the table of contents for the third edition of "The Law of Contract" by Hugh Collins. It lists the 17 chapters that make up the book and provides a brief 2-3 sentence description of the topics covered in each chapter. The book examines the social and economic role of contracts in the modern market as well as exploring legal tests of enforceability, consideration and reliance models, and issues like fairness, liability, remedies and more.

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    This document is the table of contents for the third edition of "The Law of Contract" by Hugh Collins. It lists the 17 chapters that make up the book and provides a brief 2-3 sentence description of the topics covered in each chapter. The book examines the social and economic role of contracts in the modern market as well as exploring legal tests of enforceability, consideration and reliance models, and issues like fairness, liability, remedies and more.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    45 views4 pages

    COLLINS, Hugh, The Law of Contract

    Uploaded by

    Danilo Ramacciotti
    This document is the table of contents for the third edition of "The Law of Contract" by Hugh Collins. It lists the 17 chapters that make up the book and provides a brief 2-3 sentence description of the topics covered in each chapter. The book examines the social and economic role of contracts in the modern market as well as exploring legal tests of enforceability, consideration and reliance models, and issues like fairness, liability, remedies and more.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    The Law of Contract

    Third Edition
    HUGH COLLINS
    Professor of English Law
    London School of Economics and Political Science

    Butterworths
    London, Edinburgh.Dublin
    1997
    Contents

    Preface to the Third Edition v


    Acknowledgements vii
    Table of statutes xiii
    Table of cases xvii
    Chapter 1 Contract and Market 1
    1 The Classical Law of Contract 3
    2 Towards a New Conception 7
    3 The Market Order 10
    4 The Constitution of the Market 15
    Chapter 2 The Transformation of the Law of Contract 21
    1 The Social Market 22
    2 Materialization and Differentiation 36
    3 Globalization and Sources of Law 41
    Chapter 3 Tests of Enforceability 46
    1 Purposes of Tests of Enforceability 46
    2 Evidence and Formalities 49
    3 Illegality and Public Policy 51
    4 Public and Private 53
    5 The Contractualization of Social Life 55
    Chapter 4 Consideration and The Exchange Model 56
    1 The Concept of Consideration 56
    2 Intention to Create Legal Relations 64
    3 Rationale of Consideration 66

    Chapter 5 Estoppel and the Reliance Model 71


    1 The Concept of Reliance 71
    2 The Classification of the Reliance Model 80
    3 Rationale of the Reliance Model 85
    Chapter 6 The Contractualization of Social Life 89
    1 The Faith in Markets 89
    x Contents
    2 Legal Techniques for Controlling the Scope of
    Contracts 90
    3 Justifications for Limits on Contractual
    Obligations 96
    4 The Purpose of Markets 101

    Chapter 7 Ascription of Contractual Responsibility 108


    1 The Idea of Consent 108
    2 Objective Test of Consent 111
    3 Common Mistake 116
    4 Consent by Remote Parties 119
    5 The Boundaries of Contract 125

    Chapter 8 Coercion and Competitive Markets 128


    1 Voluntary Consent 131
    2 Duress 132
    3 Undue Influence 136
    4 Affirmation and Bars to Rescission 142
    5 Protection of Competitive Markets 143

    Chapter 9 The Moment of Responsibility 148


    1 Offer and Acceptance 150
    2 Instrumentalism 159
    3 Pre-Contractual Responsibility 165

    Chapter 10 The Duty to Negotiate with Care 168


    1 Misleading Statements 171
    2 Failure to Disclose Information 185
    3 Abuse of Positions of Trust 195
    4 Misuse of Confidential Information 197
    5 Misleading Implied Promises 198
    6 Rationale for the Duty to Negotiate with Care 202

    Chapter 11 Terms 206


    1 Incorporation 208
    2 Oral Agreements 209
    3 Interpretation 212
    4 Implied Terms 221

    Chapter 12 Mandatory Obligations 229


    1 The Social Dimension of Markets 229
    2 The Use of Compulsory Obligations 231
    3 Compulsory terms 233
    4 Statutory Invalidity 235
    5 Judicial Discretion over Exclusion Clauses 237
    6 Agency Discretion 245
    7 Negotiated Regulation 247
    Contents xi
    Chapter 13 Fairness 251
    1 Three Concepts of Fairness 252
    2 Fairness in the Common Law 253
    3 Statutory Controls 265
    4 Judicial Revision 273

    Chapter 14 The Range of Liability 283


    1 Privity of Contract 283
    2 Parties to the Contract 289
    3 Rationale of Privity 291
    4 Objections to Privity 296
    5 Reform 302

    Chapter 15 Co-operation 306


    1 Performance 309
    2 Modification 315
    3 Termination for Breach of Contract 331

    Chapter 16 Agreed Remedies 338


    1 Freedom and Control 339
    2 Fixed Measure of Compensation 341
    3 Security 352
    4 Guarantees and Indemnities 364
    5 Forum 366

    Chapter 17 Judicial Remedies 368


    1 Settlements 369
    2 Considerations Shaping Judicial Remedies 370
    3 Damages 376
    4 Compulsory Performance 394

    Index 403

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