Chitty on Contracts, 33rd Edition (2 Volumes)

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Chitty on Contracts, 33rd Edition (2 Volumes) By Professor Hugh Beale

Author Professor Hugh Beale 
Publication Date 2020
ISBN 9780414065130
Format
Hardback
Publisher Sweet & Maxwell
 

Chitty on Contracts is the leading reference work on contract law in the common law world. For years, attorneys have depended on it as the principal contract handbook, giving insight and aid in difficult areas of the law.

The book is divided into two parts: Volume One covers broad concepts of contract law, while Volume Two concentrates on Specific Contracts, or contractual issues in specific sectors.

Key features:

  • 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. Consideration, Form, and Error are three words that come to mind while thinking about a mistake.
  • Misrepresentation, duress, and undue influence; discusses the parties' capacity in depth.
  • Exemption Clauses; Unfair Provisions in Consumer Contracts; and Arbitration Clauses; Analyzes and comments on contract terms pertaining to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses;
  • 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 full.
  • Examines and analyses contract law in regard to performance and discharge, including Discharge by Agreement; Frustration; Breach; and Misconduct.
  • Investigates contract breach remedies, such as damages and 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.
  • Supplemented on a regular basis
  • Written by contract law specialists

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)

TABLE OF CONTENTS 

VOLUME I
Introductory;
PART ONE
  1. Introduction;
PART TWO FORMATION OF CONTRACT;
  1. The Agreement;
  2. Mistake as to the terms or as to identity;
  3. Consideration;
  4. Form;
  5. Common Mistake;
  6. Misrepresentation;
  7. Duress and Undue Influence;
PART THREE CAPACITY OF PARTIES;
  1. Personal Incapacity
  2. Corporations and Unincorporated Associations;
  3. The Crown, Public Authorities and the European Community;
  4. Political and Professional Immunity and Incapacity;
PART FOUR THE TERMS OF THE CONTRACT;
  1. Express Terms;
  2. Implied Terms;
  3. Exemption Clauses;
PART FIVE ILLEGALITY AND PUBLIC POLICY;
  1. Illegality and Public Policy;
PART SIX JOINT OBLIGATIONS, THIRD PARTIES AND ASSIGNMENT;
  1. Joint Obligations;
  2. Third Parties;
  3. Assignment;
  4. Death and Bankruptcy;
PART SEVEN PERFORMANCE AND DISCHARGE;
  1. Performance;
  2. Discharge by Agreement;
  3. Discharge by Frustration;
  4. Discharge by Breach;
  5. Other modes of discharge;
PART EIGHT REMEDIES FOR BREACH OF CONTRACT;
  1. Damages;
  2. Specific Performance and Injunction;
  3. Limitation of Actions;
PART NINE RESTITUTION;
  1. Restitution
PART TEN CONFLICT OF LAWS;
  1. Conflict of Laws;
VOLUME II;
  1. Agency;
  2. Arbitration;
  3. Bailment;
  4. Bills of Exchange and Banking;
  5. Carriage by Air;
  6. Carriage by Land;
  7. Construction Contracts;
  8. Consumer contracts;
  9. Credit and Security;
  10. Employment;
  11. Gambling contracts;
  12. Insurance;
  13. Restrictive Agreements and Competition;
  14. Sale of Goods;
  15. Suretyship

 

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