Chitty on Contracts 2 Volumes, 35th Edition Book + eBook

Chitty on Contracts 2 Volumes, 35th Edition Book + eBook

Book+eBook

$1,436.24* $1,795.30* RRP Save: $359.06 (20%)

Date: 30/11/2023

Code: 9780414115859

Sweet & Maxwell, UNITED KINGDOM

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Book Chitty on Contracts 35th Edition 30/12/2023 9780414117402 $1,104.80 Add to cart
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Description

The leading reference work on contract law in the Common Law world. Chitty offers guidance to the whole range of contract law as practiced in the UK.

Provides coverage of all relevant legislation and a huge depth of case reference;

  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence
  • Treats in detail the Capacity of parties
  • Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses
  • Examines Illegality and Public Policy
  • Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy
  • Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach
  • Studies remedies for breach of contract, including damages and limitations of actions
  • Discusses Restitution in relation to contract law
  • Analyses conflict of laws as if affects contract law
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established

In this 35th edition of Chitty on Contracts, the editors have not only brought the account of the law up to date but have expanded its coverage and have sought to make it more accessible.

New developments:

  • The Chapter on Consideration has been split into two: Chapter 6 now deals with the doctrine of consideration itself and the new Chapter 7 (Estoppel) contains a separate and fuller account of the various kinds of estoppel, some of which can provide a substitute for consideration.
  • Chapter 18 (Exemption Clauses) contains a new and detailed explanation of the case law on “reasonableness” under the Unfair Contract Terms Act 1977.
  • Chapter 19 (Illegality and Public Policy) has been reorganised and expanded in the light of cases on the effects of illegality following the decision of the Supreme Court in Patel v Mirza.
  • Chapter 24 (Death and Bankruptcy) contains an expanded section on the effects of personal insolvency on contracts and a new section on the effects of corporate Insolvency.
  • Chapter 46 (Restrictive Agreements and Competition) has been revised and reorganised in the light of Brexit, to focus on the competition law of the United Kingdom, though with copious references to the case law of the Court of Justice of the European Union where that remains relevant in interpreting and applying UK competition law.

All developments in relevant legislation and case law that were available up to 31st July 2023 have been included, and some later cases. In particular:

Legislation

  • Retained EU Law (Revocation and Reform) Act 2023
  • Building Safety Act 2022
  • Electronic Trade Documents Act 2024
  • Financial Services and Markets Act 2023
  • Digital Markets, Competition and Consumers Bill 2023
  • Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (replacement of workers on strike).

 

Cases
The new edition contains too many new cases to list them all here, but the following are worth mentioning:

  • Umbrella Interchange Fee Claimants v Umbrella Interchange Fee Defendants, Walter Hugh Merricks CBE v Mastercard Inc (Volvo Limitation) (“retained” EU law, limitation period for events before IP completion day, application of CJEU judgment after IP completion day)
  • Barton v Morris (SC) (incomplete agreement);
  • Guest v Guest (SC)
  • SK Shipping Europe Plc v Capital VLCC 3 Corp (CA) (Misrepresentation Act 1967 s2(2))
  • Law Debenture Trust Corporation plc v Ukraine (SC) (Duress);
  • SR Projects Ltd v Rampersad (PC) (effect of exceeding borrowing limits)
  • Benyatov v Credit Suisse Securities (Europe) Ltd (CA) (agent’s right to indemnity)
  • The Claimants in the Royal Mail Group Litigation v Royal Mail Group Limited (CA)
  • Philipp v Barclays Bank UK Plc (SC)
  • Oxford University Innovation Ltd v Oxford Nanoimaging Ltd, Payward, Inc v Chechetkin and Eternity Sky Investments Ltd v Zhang (“consumer”; unfair contract terms)
The leading reference work on contract law in the Common Law world. Chitty offers guidance to the whole range of contract law as practiced in the UK.
  • Provides coverage of all relevant legislation and a huge depth of case reference
  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence
  • Treats in detail the Capacity of parties Analyses and comments on the terms of the contract relating to Express and Implied Terms
  • Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses
  • Examines Illegality and Public Policy
  • Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment, Death and Bankruptcy
  • Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach
  • Studies remedies for breach of contract, including damages and limitations of actions
  • Discusses Restitution in relation to contract law
  • Analyses conflict of laws as if affects contract law
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established

New developments include:

An expanded chapter on Restrictive Agreements and Competition
Changes to make the contents of Chitty more accessible to readers. These include: subdividing chapter 1 into three chapters, one of which is devoted to Fundamental Principles of Contract Law and includes an extensive discussion of good faith; moving the discussion of Force Majeure clauses to the chapter on Frustration; adding a new section on Joint Creditors and an expanded account of Novation; revising, expanding and in some cases renaming several chapters, including the chapter that is now called Termination for Breach.
An updated account of the effects of Brexit on contracts, and the implications of the Trade and Cooperation Agreement
Cabinet Office Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency

Implied terms in “relational contracts”Bates v Post Office Ltd (No.3: Common Issues); Morley v Royal Bank of Scotland (CA)
Formation: Wells v Devani (SC)
Rectification: FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd (CA)
Public authorities: School Facility Management Limited v Governing Body of Christ the King College
Misrepresentation: BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc (CA)
Duress: Times Travel (UK) Ltd v Pakistan International Airlines Corp (CA); Ukraine v Law Debenture Trust Corp Plc (CA)
Illegality: Okedina v Chikale (CA); Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (SC); Stoffel & Co v Grondona (SC)
Restraint of trade: Tilman v Egon Zehnder Ltd, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (SC)
Assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018
Frustration: Canary Wharf (BP4) T1 Ltd v European Medicines Agency
Restitution: Skandinavaskia Enskilda Banken v Conway (PC); Barton v Gwyn-Jones (CA); Samsoondar v Capital Insurance Co Ltd (PC); Test Claimants of the FII Group Litigation v Revenue and Customs Commissioners (SC)
Consumer contracts: Jones v Roundlistic Ltd Credit: Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311
Employment: Harpur Trust v Brazel (CA); Addison Lee Ltd v Lange; O’Brien v Department of Constitutional Affairs (SC); Uber v Aslam (SC); Royal Mencap Society v Tomlinson-Blake (SC)

 

Table of Contents

Volume 1

Pt 1 Introduction

  • 1 Contract Law and "Contracts"
  • 2 Fundamental Principles of Contract Law
  • 3 Contract Law and other Legal Categories

Pt 2 Formation of Contract

  • 4 The Agreement
  • 5 Mistakes as to Terms and Identity
  • 6 Consideration
  • 7 Estoppel
  • 8 Form
  • 9 Common Mistake

Pt 3 Grounds for Avoidance

  • 10 Misrepresentation
  • 11 Duress and Undue Influence

Pt 4 Capacity of Parties

  • 12 Personal Incapacity
  • 13 Corporations and Unincorporated
  • 14 The Crown and Public Authorities
  • 15 Political Immunity and Incapacity

Pt 5 The Terms of Contract

  • 16 Express Terms
  • 17 Implied Terms
  • 18 Exemption Clauses

Pt 6 Illegality and Public Policy

  • 19 Illegality and Public Policy

Pt 7 Joint Obligations, Third Parties, Agency and Assignment

  • 20 Joint Obligations
  • 21 Third Parties
  • 22 Agency
  • 23 Assignment and Novation
  • 24 Death and Bankruptcy

Pt 8 Performance and Discharge

  • 25 Performance
  • 26 Discharge by Agreement, Variation and Waiver
  • 27 Discharge by Frustration and Force Majeure Clauses
  • 28 Termination for Breach
  • 29 Other Modes of Discharge

Pt 9 Remedies for Breach of Contract

  • 30 Damages
  • 31 Action for an Agreed Sum, Specific Performance and Injunction
  • 32 Limitation of Actions

Pt 10 Restitution

  • 33 Restitution

Pt 11 Conflict of Laws

  • 34 Conflict of Laws

Volume 2

  • 35 Arbitration
  • 36 Bailment
  • 37 Bills of Exchange and Banking
  • 38 Carriage by Air
  • 39 Carriage by Land
  • 40 Construction Contracts
  • 41 Consumer Contracts
  • 42 Credit and Security
  • 43 Employment
  • 44 Gambling Contracts
  • 45 Insurance
  • 46 Restrictive Agreements and Competition
  • 47 Sale of Goods
  • 48 Suretyship
Volume I
 
PART ONE: INTRODUCTION
1. Contract law and ‘contracts’ 
2. Fundamental Principles of Contract Law 
3. Contract Law and other Legal Categories 
 
PART TWO: FORMATION OF CONTRACT
4. The Agreement 
5. Mistakes as to Terms or as to Identity 
6. Consideration 
7. Form 
8. Common Mistake 
 
PART THREE: GROUNDS FOR AVOIDANCE
9. Misrepresentation 
10. Duress and Undue Influence 
 
PART FOUR: CAPACITIES OF PARTIES
11. Personal Incapacity 
12. Corporations and Unincorporated Associations 
13. The Crown and Public Authorities 
14. Political Immunity and Incapacity 
 
PART FIVE: THE TERMS OF CONTRACT
15. Express terms 
16. Implied terms 
17. Exemption clauses 
 
PART SIX: ILLEGALITY AND PUBLIC POLICY
18. Illegality and Public Policy 
 
PART SEVEN: JOINT OBLIGATIONS, THIRD PARTIES, AGENCY AND ASSIGNMENT
19. Joint Obligations 
20. Third Parties 
21. Agency
22. Assignment and Novation 
23. Death and Bankruptcy 
 
PART EIGHT: PERFORMANCE AND DISCHARGE
24. Performance
25. Discharge by Agreement, Variation and Waiver 
26. Discharge by Frustration and Force Majeure Clauses
27. Discharge by Breach
28. Other Modes of Discharge
 
PART NINE: REMEDIES FOR BREACH OF CONTRACT
29. Damages 
30. Action for an Agreed Sum, Specific Performance and Injunction
31. Limitation of Actions
 
PART TEN: RESTITUTION
32. Restitution 
 
PART ELEVEN: CONFLICT OF LAWS
33. Conflict of Laws 
 
Volume II
34. Arbitration
35. Bailment
36. Bills of Exchange and
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