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Smith & Thomas: A Casebook on Contract

Smith & Thomas: A Casebook on Contract
14th Edition
Practice Area:  Academic Law, Contract Law
ISBN:  9780414070738
Published by:  Sweet & Maxwell
Publication Date:  23 Jun 2021
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Casebook on Contract

For over 60 years, Smith & Thomas has been the leading casebook on the law of contract, providing all the material necessary for an in-depth study of the area. The work uses substantial case extracts combined with authoritative explanation to provide readers with an understanding of the principles of contract law. As in previous editions, both historical and contemporary cases are discussed to illustrate the key elements of contract law. In addition, Smith & Thomas contains all relevant material including key statutory material and law commission reports.

New for the Fourteenth Edition
  • Recent cases highlighting the resetting of the commercial law of contract, including Arnold v Britton [2015] UKSC 36, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72, Wood v Capita Insurance Services Ltd [2017] UKSC 24, Morris Garner v One Step (Support) Ltd [2018] UKSC 20, Patel v Mirza [2016] UKSC 42, Cavendish Square Holding BV v Makdessi [2015] UKSC 67, and Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd [2020] UKSC 36
  • Consideration of the latest jurisprudence on good faith in cases such as Sheikh Tahnoon Bin Saeed Bin Shakboot Al Nehayan v Kent [2018] EWHC 333 (Comm); and the related development of relational contracts in Bates v Post Office Limited [2019] EWHC 606
  • New chapter on where, after Brexit and with ‘smart contracts’, the law of contract stands in 2021

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Part I The Formation of a Contract: Contract: Form, Flexibility and Fair Dealing; Offer and Acceptance; Contract as an Agreement: Finality and Certainty; Contract as a meeting of minds; The Authenticity of Agreement; The Scope of the Agreement; The Identity of the Offeror and the Offeree; Intention to Create Legal Relations; Consideration; Equitable Estoppel

Part II Third Party Claims and Liabilities: Privity of Contract I; Privity of Contract II

Part III Obligations Arising from the Contract and its Formation: Misrepresentation; Representations, Terms and Collateral Contracts; Implied Terms; Interpretation of Terms

Part IV Remedies; Performance and Rescission; Damages; Withdrawal

Part V Exclusion of Liability and Unfair Terms: Exclusion Clauses; Unfair Terms

Part VI Excusing Circumstances: Initial Impossibility and Mistake; Subsequent Impossibility and Frustration

Part VII Vitiating Factors: Incapacity; Duress, Undue Influence and Unconscionability; Void and Illegal Contracts; Contract Law 2021


Roger Brownsword, Professor of Law, King’s College London and Bournemouth University, and Honorary Professor in Law, University of Sheffield
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