Chitty on Contract 34th Edition 2021
Chitty on Contract 34th Edition 2021 By Hugh Beale QC
Author | Hugh Beale QC |
Publication Date | Oct 2021 |
ISBN | 9780414098251 |
Format |
Hardback |
Publisher | Sweet & Maxwell |
In the Common Law world, this is the most authoritative reference text on contract law. Chitty covers the entire spectrum of contract law as it is practised in the United Kingdom.
- Covers all applicable legislation and has a large number of case references.
- Provides comprehensive discussion of contract law, with numerous citations to pertinent legislation and contemporary case law.
- Since the previous version, this edition includes interpretation and analysis of general legislation.
- Exclusion clauses, estoppel, illegality, and public policy, error, deception, and non-disclosure, and breach of performance are among the topics covered in this book.
- Covers contract creation and how it affects the Agreement. Misrepresentation, Duress, and Undue Influence; Consideration, Form, and Mistake
- The Capacity of Parties is discussed in depth. Exemption Clauses from Express and Implied Terms; Unfair Terms in Consumer Contracts; and Arbitration Clauses are among the contract terms examined and commented on.
- Examines the relationship between illegality and public policy.
- Under Joint Obligations, the law of contract pertaining to Third Parties, Assignment, Death, and Bankruptcy is covered in depth.
- Examines and analyses contract law in connection to performance and discharge, including Discharge by Agreement; by Frustration; by Breach Researches contract breach remedies, such as damages and action restrictions.
- Restitution in the context of contract law is discussed.
- Analyzes conflicts of laws to see if they have an impact on contract law.
- Deals with contracts in the following areas of law on an individual basis: 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.
- When conflicts emerge, technical areas require clarification, and duties, obligations, and rights need to be defined, provides legal interpretation and assistance.
- A new chapter on Restrictive Agreements and Competition has been added.
- Changes made to make Chitty's material more accessible to readers. Chapter 1 has been divided into three chapters, one of which is devoted to Fundamental Principles of Contract Law and includes an extensive discussion of good faith; the discussion of Force Majeure clauses has been moved to the chapter on Frustration; a new section on Joint Creditors and an expanded account of Novation has been added; and several chapters have been revised, expanded, and in some cases renamed, including the chapter now known as Termination for Breach.
- An updated look at the impact of Brexit on contracts, as well as the consequences of the Trade and Cooperation Agreement.
- Guidance from the Cabinet Office on responsible contract performance and enforcement in the aftermath of the Covid-19 emergency
Key new case law covered:
- Implied terms in “relational contracts”: Bates v Post Office Ltd (No.3: Common Issues); Morley v Royal Bank of Scotland (CA)
- Formation: Wells v Devani (SC)
- Rectification: FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd (CA)
- Public authorities: School Facility Management Limited v Governing Body of Christ the King College
- Misrepresentation: BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc (CA)
- Duress: Times Travel (UK) Ltd v Pakistan International Airlines Corp (CA); Ukraine v Law Debenture Trust Corp Plc (CA)
- Illegality: Okedina v Chikale (CA); Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (SC); Stoffel & Co v Grondona (SC)
- Restraint of trade: Tilman v Egon Zehnder Ltd, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (SC)
- Assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018
- Frustration: Canary Wharf (BP4) T1 Ltd v European Medicines Agency
- Restitution: Skandinavaskia Enskilda Banken v Conway (PC); Barton v Gwyn-Jones (CA); Samsoondar v Capital Insurance Co Ltd (PC); Test Claimants of the FII Group Litigation v Revenue and Customs Commissioners (SC)
- Consumer contracts: Jones v Roundlistic Ltd Credit: Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311
- Employment: Harpur Trust v Brazel (CA); Addison Lee Ltd v Lange; O’Brien v Department of Constitutional Affairs (SC); Uber v Aslam (SC); Royal Mencap Society v Tomlinson-Blake (SC)
TABLE OF CONTENTS of Chitty on Contract 34th Ed
Volume I
PART ONE: INTRODUCTION
1. Contract law and ‘contracts’
2. Fundamental Principles of Contract Law
3. Contract Law and other Legal Categories
PART TWO: FORMATION OF CONTRACT
4. The Agreement
5. Mistakes as to Terms or as to Identity
6. Consideration
7. Form
8. Common Mistake
PART THREE: GROUNDS FOR AVOIDANCE
9. Misrepresentation
10. Duress and Undue Influence
PART FOUR: CAPACITIES OF PARTIES
11. Personal Incapacity
12. Corporations and Unincorporated Associations
13. The Crown and Public Authorities
14. Political Immunity and Incapacity
PART FIVE: THE TERMS OF CONTRACT
15. Express terms
16. Implied terms
17. Exemption clauses
PART SIX: ILLEGALITY AND PUBLIC POLICY
18. Illegality and Public Policy
PART SEVEN: JOINT OBLIGATIONS, THIRD PARTIES, AGENCY AND ASSIGNMENT
19. Joint Obligations
20. Third Parties
21. Agency
22. Assignment and Novation
23. Death and Bankruptcy
PART EIGHT: PERFORMANCE AND DISCHARGE
24. Performance
25. Discharge by Agreement, Variation and Waiver
26. Discharge by Frustration and Force Majeure Clauses
27. Discharge by Breach
28. Other Modes of Discharge
PART NINE: REMEDIES FOR BREACH OF CONTRACT
29. Damages
30. Action for an Agreed Sum, Specific Performance and Injunction
31. Limitation of Actions
PART TEN: RESTITUTION
32. Restitution
PART ELEVEN: CONFLICT OF LAWS
33. Conflict of Laws
Volume II
34. Arbitration
35. Bailment
36. Bills of Exchange and Banking
37. Carriage by Air
38. Carriage by Land
39. Construction Contracts
40. Consumer Contracts
41. Credit and Security
42. Employment
43. Gambling Contracts
44. Insurance
45. Restrictive Agreements and Competition
46. Sale of Goods
47. Suretyship
35. Bailment
36. Bills of Exchange and Banking
37. Carriage by Air
38. Carriage by Land
39. Construction Contracts
40. Consumer Contracts
41. Credit and Security
42. Employment
43. Gambling Contracts
44. Insurance
45. Restrictive Agreements and Competition
46. Sale of Goods
47. Suretyship