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Table of Contents

I: Fundamentals
1: Sources and General Features
2: Principles
II: Formation
3: Agreement
4: Certainty
5: Formality
6: Consideration
7: Intent to Create Legal Relations
III: Capacity and Parties
8: Capacity
9: Third Parties and Co-Parties
10: Assignment and Agency
IV: Vitiation
11: Misrepresentation
12: Mistake
13: Duress
14: Undue Influence
15: Unconscionability
V: Illegality and Public Policy
16: Illegality
VIL Terms and Interpretation
17: Express Terms
18: Implied Terms
19: Good Faith
20: Interpretation of Written Contracts
21: Rectification
22: Exclusion Clauses and Consumer Protection
VII: Descharge and Breach
23: Termination By Notice or Consent
24: Breach
25: Incomplete Performance
26: Force Majeure and Frustration
VIII: Remedies for Default
27: Debt and Other Agreed Sums
28: Damages
29: Specific Performance and Other Equitable Remedies

About the Author

Neil Andrews is Professor of Civil Justice and Private Law at Clare College, University of Cambridge, where he has taught since 1983. He is a member of the American Law Institute and his research focuses on contract law, civil procedure, and dispute resolution.

Reviews

this book is a refreshing overview of the current state of English contract law, frequently enlivened by Professor Andrews' vivid turn of phrase... it is a valuable addition to the literature.
*Sir Kim Lewison, Lord Justice of Appeal, England and Wales, Cambridge Law Journal*

The distinctive - indeed to me knowledge unique - feature of this book is that it adopts a different and fresh approach which gives full recognition to the nature and texture of the common law. While the author looks for principles that underpin the case law, he does so at a high level - finding six major organising principles. In discussing topics, he highlights and analyses significant cases, with particular emphasis on cases recently decided. His footnotes refer the reader to the latest academic commentary on controversial points. And in forty-nine places where he finds the law uncertain or in an unsatisfactory state, he provides a critical evaluation of the topic.
*Lord Leggatt, Foreword*

The reader or user of this book is given an authentic sense of the English common law of contract as a work in progress. The author shows us which topics lie at the law's cutting-edge, how the case law on any particular topic has developed or is developing and how it might or should continue to develop. Readers are also reliably directed to the main up-to-date material which will enable them to engage in the process of interpretation or re-interpretation of the relevant case law themselves.
*Lord Leggatt, Foreword*