By John Cartwright
Formation and Variation of Contract sets out a high level analysis of the principles governing the enforceability of the promises made in contracts, providing an in-depth research tool on this key area of contract law.
It examines in detail formalities, consideration and promissory estoppel in relation to both the formation and variation of contracts, explaining the historical development of the legal principles, case law and relevant legislation.
The core focus is English law, but extensive comparisons are made with civil law and other common law jurisdictions - notably Australia and the US - where the law in this area is significantly different, making it invalauble for international contract work.
- Helps practitioners apply principles which are fundamental to whether a contract is legally effective or not
- Goes through formalities, consideration and promissory estoppel in exhaustive detail
- Explores recent case law in-depth
- Gives clear guidance on grey areas unresolved by case law
- Highlights possible developments in the law offering scope for new arguments on behalf of clients
- Shows how lawyers from other jurisdictions will have different approaches to the creation of enforceable contracts
Part One: Contract Formalities.
The role of formality.
Specific formalities: substantive conditions of a binding contract.
Specific formalities: evidence.
A general formality: the deed
Part Two: The Doctrine Of Consideration.
The historical and comparative context.
Consideration as a condition of existence of the contract.
Consideration in the variation and discharge of a contract
Part Three: Promissory Estoppel.
The traditional role of promissory estoppel: variation of an existing obligation.
The developing role of promissory estoppel: creation of a new obligation.