Defences in contract / edited by Andrew Dyson, James Goudkamp, and Frederick Wilmot-Smith.

Oxford : Hart Publishing, 2017

1st edition

87770

Breach of contract.

Contracts.

Estoppel.

Good faith (Law)

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith

Kit Barker

Daniel Markovits

Stephen Waddams

Hugh Beale

Mary Arden

Robert Stevens

Ewan McKendrick

Solène Rowan

Venkatesan Niranjan

Janet O'Sullivan

Gerard McMeel

Roger Toulson. Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? / Thinking in terms of contract defences / What is a contractual defence (and does it matter)? / Good faith bargaining in the shadow of a form / Good faith, good conscience, and the taking of unfair advantage / Undue influence and unconscionability / Should consideration be required for the consensual discharge of an agreement by part payment? / Not waiving but drowning / Frustration: automatic discharge of both parties? / Resisting termination: some comparative observations / The contract remoteness rule: exclusion, not assumption of responsibility / Contributory negligence and strict contractual obligations revisited / The impact of exemption clauses and disclaimers: construction, contractual estoppel and public policy / Illegality: where are we now? /

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. - Publisher's website.

Includes bibliographical references and index.

9

xxxi, 299 p. ; 26 cm