Description
Mindy Chen-Wishart
A comprehensive and visually engaging exploration of contract law, which equips students with both conceptual knowledge and analytical skills. Mindy Chen-Wishart combines precise explanations, extensive use of diagrams, and features that support reflection and critical engagement to provide an engaging and thought-provoking account of contract law.
Key Features:
- Presents contract law in a visually appealing manner with diagrams to illuminate the subject and bring it to life
- Provides an overview of the interests, values, and concerns that arise in each area of contract law, and full coverage of contract law's complexities and controversies
- Encourages critical thinking through counterpoint and reflection boxes to engage students in the constructive process of law reform
- Also available as an e-book with animated diagrams, guidance on answering the end-of-chapter questions, chapters in essence, functionality, navigation features, and links that offer extra learning support
New to this edition:
- Updated discussion of digital disruption to contract formation in Chapter 2
- New consideration of the Law Commission's Smart Legal Contracts: Advice to Government (2021) in Chapter 3.
- Substantial new case law coverage in Chapter 4, including the three joined Supreme Court decisions in Secretary of State for DEFRA v PCSU (2024) on the presumption favouring third party enforcement under section 1(1)(b) of the 1999 Act; Armstead v RSA (2024) on contractual liability imposed on a tortfeasor; and a new discussion of whether third parties may benefit from terms implied by the Sale of Goods Act and the Consumer Rights Act 2015.
- Expanded treatment of the Digital Markets, Competition and Consumer Act 2024
- New material on automated contracting, mistake, and rectification in Chapter 6
- Further development of the frustration doctrine in Chapter 7, including reference to the Chinese Civil Code 2020
- Updated analysis of undue influence, guarantees, interpretation, implied terms, and contractual powers, including Waller Edwards v One Savings Bank (2025), Parker Grennan v Camelot (2024), Sara & Hossein (2023), Barton v Morris (2023), and Tesco v USDAW (2024), as well as the 2024 Act's approach to 'subscription traps'.
- Structural and doctrinal updates across Chapters 11-15, including a restructured Chapter 11, a new summary of illegality, a new section on the justification for termination, and updated discussions of mitigation, restitution, inadequacy of damages, injunctions, and good faith.
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Contents:
Part I Introduction
1:IntroductionPart II Contract Formation
2:Agreement
3:Enforceability: consideration, promissory estoppel, formalitiesPart III Privity
4:PrivityPart IV 'Vitiating' Factors
5:Misrepresentation and non-disclosure
6:Mistake
7:Frustration
8:Duress
9:Unfairness: undue influence, non-commercial guarantees, unconscionable bargainsPart V The Contents of Contracts
10:Identifying and interpreting contractual terms
11:Direct control over termsPart VI Breach and Remedies for Breach
12:Breach of contract and termination
13:Damages
14:Specific and agreed remediesPart VII Good Faith
15:Good faith
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