Chitty on Contracts, 35th Ed (Volumes 1 & 2) | 2023


Chitty on Contracts, 35th Ed (Volumes 1 & 2) | 2023

Author Professor Hugh Beale
Publication Date Nov 2023
ISBN 9780414117402
Hard Cover 
Publisher Sweet & Maxwell

This is the foremost reference work on contract law in the Common Law world. "Chitty" offers comprehensive guidance on the entire spectrum of contract law as practiced in the UK.

It provides extensive coverage of all pertinent legislation and a vast array of case references.

- Provides comprehensive coverage of contract law, incorporating extensive references to relevant legislation and recent case law.
- Includes interpretation and analysis of general legislation enacted since the last edition.
- Offers an in-depth examination of actions arising in contract law, such as exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, and breach of performance.
- Covers contract formation, addressing Agreement, Consideration, Form, Mistake, Misrepresentation, Duress, and Undue Influence.
- Details the Capacity of parties to contract.
- Analyzes and comments on contract terms, including Express and Implied Terms, Exemption Clauses, Unfair Terms in Consumer Contracts, and Arbitration Clauses.
- Examines Illegality and Public Policy.
- Discusses joint obligations in detail, including Third Parties, Assignment, Death, and Bankruptcy.
- Analyzes contract law related to performance and discharge, covering Discharge by Agreement, Frustration, and Breach.
- Studies remedies for breach of contract, including damages and limitations of actions.
- Discusses Restitution in the context of contract law.
- Analyzes conflict of laws as they affect contract law.
- Covers contracts in specific areas of law individually, such as 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.
- Provides interpretation and advice on the law for dispute resolution, clarifying technical areas, and establishing responsibilities, obligations, and entitlements.

In this 35th edition of "Chitty on Contracts," the editors have updated the legal account, expanded its coverage, and aimed to enhance its accessibility.

New Developments of Chitty on Contracts :

- The chapter on Consideration has been divided into two: Chapter 6 addresses the doctrine of consideration, while the new Chapter 7 (Estoppel) provides a comprehensive account of various estoppels, which can substitute for consideration.
- Chapter 18 (Exemption Clauses) now includes a detailed explanation of case law on "reasonableness" under the Unfair Contract Terms Act 1977.
- Chapter 19 (Illegality and Public Policy) has been reorganized and expanded to reflect cases on the effects of illegality following the Supreme Court decision in Patel v Mirza.
- Chapter 24 (Death and Bankruptcy) now has an expanded section on the effects of personal insolvency on contracts and a new section on corporate insolvency.
- Chapter 46 (Restrictive Agreements and Competition) has been revised and reorganized post-Brexit to focus on UK competition law, with references to the Court of Justice of the European Union's case law where relevant for interpreting UK competition law.
- All developments in relevant legislation and case law up to July 31, 2023, and some later cases, are included. Notable legislation updates include:
  - Retained EU Law (Revocation and Reform) Act 2023
  - Building Safety Act 2022
  - Electronic Trade Documents Act 2024
  - Financial Services and Markets Act 2023
  - Digital Markets, Competition and Consumers Bill 2023
  - Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (replacement of workers on strike)

Key Cases of Chitty on Contracts, 35th Ed:
- Umbrella Interchange Fee Claimants v Umbrella Interchange Fee Defendants, Walter Hugh Merricks CBE v Mastercard Inc (Volvo Limitation)
- Barton v Morris (SC) (incomplete agreement)
- Guest v Guest (SC)
- SK Shipping Europe Plc v Capital VLCC 3 Corp (CA) (Misrepresentation Act 1967 s2(2))
- Law Debenture Trust Corporation plc v Ukraine (SC) (Duress)
- SR Projects Ltd v Rampersad (PC) (effect of exceeding borrowing limits)
- Benyatov v Credit Suisse Securities (Europe) Ltd (CA) (agent’s right to indemnity)
- The Claimants in the Royal Mail Group Litigation v Royal Mail Group Limited (CA)
- Philipp v Barclays Bank UK Plc (SC)
- Oxford University Innovation Ltd v Oxford Nanoimaging Ltd, Payward, Inc v Chechetkin and Eternity Sky Investments Ltd v Zhang (“consumer”; unfair contract terms)

Contents of Chitty on Contracts, 35th Ed:

Volume 1

Pt 1 Introduction
  • 1 Contract Law and "Contracts"
  • 2 Fundamental Principles of Contract Law
  • 3 Contract Law and other Legal Categories
Pt 2 Formation of Contract
  • 4 The Agreement
  • 5 Mistakes as to Terms and Identity
  • 6 Consideration
  • 7 Estoppel
  • 8 Form
  • 9 Common Mistake
Pt 3 Grounds for Avoidance
  • 10 Misrepresentation
  • 11 Duress and Undue Influence
Pt 4 Capacity of Parties
  • 12 Personal Incapacity
  • 13 Corporations and Unincorporated
  • 14 The Crown and Public Authorities
  • 15 Political Immunity and Incapacity
Pt 5 The Terms of Contract
  • 16 Express Terms
  • 17 Implied Terms
  • 18 Exemption Clauses
Pt 6 Illegality and Public Policy
  • 19 Illegality and Public Policy
Pt 7 Joint Obligations, Third Parties, Agency and Assignment
  • 20 Joint Obligations
  • 21 Third Parties
  • 22 Agency
  • 23 Assignment and Novation
  • 24 Death and Bankruptcy
Pt 8 Performance and Discharge
  • 25 Performance
  • 26 Discharge by Agreement, Variation and Waiver
  • 27 Discharge by Frustration and Force Majeure Clauses
  • 28 Termination for Breach
  • 29 Other Modes of Discharge
Pt 9 Remedies for Breach of Contract
  • 30 Damages
  • 31 Action for an Agreed Sum, Specific Performance and Injunction
  • 32 Limitation of Actions
Pt 10 Restitution
  • 33 Restitution
Pt 11 Conflict of Laws
  • 34 Conflict of Laws

Volume 2

  • 35 Arbitration
  • 36 Bailment
  • 37 Bills of Exchange and Banking
  • 38 Carriage by Air
  • 39 Carriage by Land
  • 40 Construction Contracts
  • 41 Consumer Contracts
  • 42 Credit and Security
  • 43 Employment
  • 44 Gambling Contracts
  • 45 Insurance
  • 46 Restrictive Agreements and Competition
  • 47 Sale of Goods
  • 48 Suretyship
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