Furmston and Tolhurst on Contract Formation - Law and Practice, 3rd Ed | 2023

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Furmston and Tolhurst on Contract Formation - Law and Practice, 3rd Ed | 2023

Author G.J. Tolhurst and Elisabeth Peden
Publication Date 2023
ISBN 9780192868084
Practice Area Contract Law
Publisher Oxford

This expanded and updated edition offers people involved in litigation and contract writing a guidance to the practical application of those principles by providing a scholarly and practical explanation of the legal principles that regulate the formation of contracts under English law.

The book thoroughly examines all of the traditional principles controlling contract formation and includes in-depth discussions of challenging topics like certainty, conditional contracts, good faith negotiations, auctions, tenders, online contracting, and the evaluation of conduct and silence in contract creation. The effectiveness, issues, and regulations pertaining to modern contracting are also covered, with a focus on the usage of heads of agreement, letters of intent, letters of comfort, and strategies for resolving a battle of the forms. The most recent edition has been revised to reflect significant court decisions, including Devani v. Wells (2019), which addressed how much ambiguity and incompleteness can be overcome by implied terms, and Crown Melbourne Ltd. v. Cosmopolitan Hotel (Vic) Pty Ltd. (2016), which examined how much contract formation questions involved legal or factual questions.

Despite the fact that this work is based on English law, the writers consult cases from other countries, including Australia, Canada, the United States, Singapore, and New Zealand, to help build English law's guiding principles.

brand-new in this edition:

  • reflects on how contract formation has evolved in England as a result of decisions like Devani v. Wells [2019], which examined the extent to which implied terms can be employed to address concerns with completeness and ambiguity.
  • examines the legal and factual problems that were involved in the establishment of the contract in Crown Melbourne Ltd. v. Cosmopolitan Hotel (Vic) Pty Ltd. [2016].

Table of Contents of Furmston and Tolhurst on Contract Formation - Law and Practice, 3rd Ed

1. Formation and the Concept of Agreement
2. Offers and Invitations to Treat
3. Termination and Revocation of Offers
4. Acceptance
5. Auctions and Tenders
6. Contracts Formed Online and 'By' Computers
7. Letters of Intent and Comfort
8. Conditional Contracts
9. Intention to Contract
10. Certainty and Completeness
11. Consideration
12. Is There a Duty to Negotiate in Good Faith
13. Pre-Contractual Liability

About Authors

GJ Tolhurst is the CEO of the Australian Bar Association and a professor of commercial law at the University of Sydney. He served as the NSW Bar Association's previous executive director.

Elisabeth Peden is a Supreme Court of New South Wales judge as well as a former senior counsel, barrister, and professor of law at the University of Sydney.

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