Defences in Contract

by Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith

Overview

This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors - judges and academics - are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

Product Details

ISBN-13:	9781509930081
Publisher:	Bloomsbury Academic
Publication date:	06/27/2019
Series:	Hart Studies in Private Law: Essays on Defences
Pages:	336
Product dimensions:	6.69(w) x 9.61(h) x 0.70(d)

About the Author

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.

Table of Contents

Foreword v

Preface vii

List of Contributors xi

Table of Cases xiii

Table of Legislation xxvii

Table of Statutory Instruments and Rules xxx

Table of Restatements xxxi

Table of Conventions xxxi

1 Thinking in Terms of Contract Defences Andrew Dyson James Goudkamp Frederick Wilmot-Smith 1

2 What Is a Contractual Defence (and Does It Matter)? Kit Barker 17

3 Good Faith Bargaining in the Shadow of a Form Daniel Markovits 43

4 Good Faith, Good Conscience, and the Taking of Unfair Advantage Stephen Waddams 63

5 Undue Influence and Unconscionability Hugh Beale 87

6 Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment? Mary Arden 111

7 Not Waiving but Drowning Robert Stevens 125

8 Frustration: Automatic Discharge of Both Parties? Ewan McKendrick 141

9 Resisting Termination: Some Comparative Observations Solène Rowan 163

10 The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility Venkatesan Niranjan 187

11 Contributory Negligence and Strict Contractual Obligations Revisited Janet O'Sullivan 215

12 The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy Gerard McMeel 239

13 Illegality: Where Are We Now? Roger Toulson 275

Author Index 287

Index 289

Editorial Reviews

...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.
European Review of Private Law

From the Publisher