Contract Formation

Law and Practice
1. Auflage 2010
ISBN: 978-0-19-928424-5
Verlag: Oxford University Press

Buch, Englisch, 480 Seiten, Format (B × H): 176 mm x 255 mm, Gewicht: 973 g

* The most detailed work available on contract formation
* Provides practical insight into planning and drafting letters of intent, heads of agreement or similar pre-contractual documents
* Considers drafting devices available to avoid being legally bound
* Two part structure separates discussion of the pre-contract stage from the practical requirements for the formation of a contract
* Advises on the practical problems that may arise in the formation process and how to avoid these
* Includes a chapter on electronic contract formation
* Incorporates discussion of cases from England, Australia, Canada, the USA and New Zealand

This book on contract formation provides a 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 first part of this work discusses negotiations falling short of binding agreements. It examines the uses of letters of intent and how to draft them. The book gives detailed treatment of the topics of 'subject to contract' and conditional contracts as well as the issue of intention to create legal relations. Completing this part are chapters on certainty and a summary explaining pre-contracted liability in English law.

The second part of the work looks at the formation of the contract in process. This provides for full coverage of topics such as the mirror image rule, battle of laws and acceptance by silence. There is also a substantial chapter in this part examining the legal status of requests to submit tenders, tenders themselves, and obligations associated with the tendering process.

Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States and New Zealand, where these inform the development of principles in English law.

Zielgruppe

Solicitors and barristers specialising in commercial law, professional support lawyers, and academics, both domestic and international, particularly in the Commonwealth, as well as in-house lawyers and law libraries.

Autoren/Hrsg.

Furmston, Michael

Tolhurst, G.J.

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Part 1: Introduction
1: Formation and the Concept of Agreement
Part 2: Negotiations Falling Short of a Binding Agreement or Instances where Agreement is Deferred
2: Practical Uses and Forms of Letters of Intent
3: Drafting Letters of Intent
4: Effect of Negotiations 'Subject to Contract'
5: Conditional Contracts
6: Denial of Legally Binding Effect
7: Certainty and Completeness of Terms
8: Is there a Duty to Negotiate in Good Faith?
9: Pre-contractual Liability in English Law
Part 3: the Formation Process
10: Offers and Invitations to Treat
11: Acceptance and Battle of Forms
12: Revocation of Offers
13: The Tendering Process
14: Formation of Contracts by Electronic Means

Über Autor(innen)

Michael Furmston, Professor of Law, Singapore Management University, and G.J. Tolhurst, Sydney Law School