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Chitty on Contracts
Chitty on Contracts
33rd Edition, 2 Volumes
Series:  Common Law Library
Practice Area:  Contract Law
ISBN:  9780414065130
Published by:  Sweet & Maxwell
General Editor:Professor Hugh Beale
Publication Date:  31 Oct 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law. The work is in two volumes: Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. (Volume One of the work is available as a standalone for those who need coverage of the general principles of contract law only).

Key features:
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; 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
  • 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
  • Supplemented regularly
  • Written by experts in contract law

Key new case law and legislation covered in Chitty 33

  • Impact of Human Rights Act 1998: McDonald v McDonald (SC)
  • Oral agreements for sale of land: Dowding v Matchmove Ltd (CA)           
  • Fraud: Hayward v Zurich Insurance Co plc (SC)
  • 'No reliance' clauses: First Tower Trustees Ltd v CDS (Superstores International) Ltd (CA)
  • Interpretation: Wood v Capita Insurance Services Ltd (SC)
  • Implied terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd (SC)
  • 'No oral variations' clause; part payment of debt: MWB Business Exchange Centres Ltd v Rock Advertising Ltd (SC)
  • Acts of State: Mohammed v Ministry of Defence,  Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs and Belhaj v Straw (SC)
  • Illegality: Patel v Mirza (SC)
  • Damages for third party's loss: Swynson Ltd v Lowick Rose LLP (SC)
  • Assignment : - set-off: Bibby Factors Northwest Ltd v HFD Ltd (CA); - prohibitions on assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018 (draft)
  • Damages: SAAMCo: - Hughes-Holland v BPE Solicitors; - mitigation:  Fulton Shipping Inc of Panama v Globalia Business Travel SAU (SC);  - 'negotiating damages':  Morris-Garner v One Step (Support) Ltd (SC)
  • Liquidated damages: Cavendish Square Holding BV v Makdessi and ParkingEye Ltd v Beavis (SC)
  • Restitution: Bank of Cyprus UK Ltd v Menelaou (SC); Investment Trust Companies v Revenue and Customs Commissioners (SC); Lowick Rose LLP v Swynson Ltd; Angove’s Pty Ltd v Bailey (SC); Prudential Assurance Co Ltd v Revenue and Customs Commissioners (SC)
  • Agency: - irrevocable authority: Bailey v Angove’s Pty Ltd (SC); commercial agents: ERGO Poist’ovna a.s. C-48/16 (CJEU)
  • Banking: Payment Services Regulations 2017
  • Consumer law: Package Travel and Linked Travel Arrangements Regulations 2018 (draft); ParkingEye Ltd v Beavis (SC); Court of Justice cases on acting as a consumer; mixed purposes contracts; guarantees of loan by consumer to commercial company; traders as intermediaries for non-traders; when a court must raise EU consumer legislation on its own motion; commercial practices, including  misleading actions and misleading omissions; the exemption for the “main subject matter of the contract”; fairness under the 1993 Directive and choice of law clauses; collective actions and stays of proceedings.
  • Credit and security: implementation of the Mortgage Credit Directive
  • Employment: CJEU cases on 'rolled-up holiday pay' and on 'working time'
  • Insurance: Insurance Act 2015, including new ss 13A and 16A (late payment of claims); - fraudulent claims:  Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (SC); interpretation of exclusions: Impact Funding Solutions Ltd v Barrington Support Services Ltd  (SC)
  • Gaming -  'cheating': Ivey v Genting Casinos (UK) Ltd
  • Sale of goods: - retention of title clause: PST Energy Shipping Ltd v OW Bunker Malta Ltd (SC) 

CONTENTS

VOLUME I;

Introductory;

PART ONE

  • 1 Introduction;

PART TWO FORMATION OF CONTRACT;

  • 2 The Agreement;
  • 3 Mistake as to the terms or as to identity;
  • 4 Consideration;
  • 5 Form;
  • 6 Common Mistake;
  • 7 Misrepresentation;
  • 8 Duress and Undue Influence;

PART THREE CAPACITY  OF PARTIES;

  • 9 Personal Incapacity;
  • 10 Corporations and Unincorporated Associations;
  • 11 The Crown, Public Authorities and the European Community;
  • 12 Political and Professional Immunity and Incapacity; 

PART FOUR THE TERMS OF THE CONTRACT;

  • 13 Express Terms;
  • 14 Implied Terms;
  • 15 Exemption Clauses; 

PART FIVE  ILLEGALITY AND PUBLIC POLICY;

16 Illegality and Public Policy;

PART SIX JOINT OBLIGATIONS, THIRD PARTIES AND ASSIGNMENT;

  • 17 Joint Obligations;
  • 18 Third Parties;
  • 19 Assignment;
  • 20 Death and Bankruptcy;

PART SEVEN PERFORMANCE AND DISCHARGE;

  • 21 Performance;
  • 22 Discharge by Agreement;
  • 23 Discharge by Frustration;
  • 24 Discharge by Breach;
  • 25 Other modes of discharge;

PART EIGHT REMEDIES FOR BREACH OF CONTRACT;

  • 26 Damages;
  • 27 Specific Performance and Injunction;
  • 28 Limitation of Actions;

PART NINE RESTITUTION;

  • 29 Restitution

PART TEN CONFLICT OF LAWS;

  • 30 Conflict of Laws;

VOLUME II;
  • 31 Agency;
  • 32 Arbitration;
  • 33 Bailment;
  • 34 Bills of Exchange and Banking;
  • 35 Carriage by Air;
  • 36 Carriage by Land;
  • 37 Construction Contracts;
  • 38 Consumer contracts;
  • 39 Credit and Security;
  • 40 Employment;
  • 41 Gambling contracts;
  • 42 Insurance;
  • 43 Restrictive Agreements and Competition;
  • 44 Sale of Goods;
  • 45 Suretyship
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