Formation and Variation of Contracts, 4th ed | 2024*


Formation and Variation of Contracts, 4th ed | 2024*

Author John Cartwright
Publication Date April 2024
ISBN 9780414119000
Hard Cover 
Publisher Sweet & Maxwell

**Expected Delivery Period: 14 - 28 Working Days

"Formation and Variation of Contracts" addresses core aspects crucial to the enforceability of promises and the legal effectiveness of contractual transactions.

Key Features of Formation and Variation of Contracts, 4th ed:

- Consolidates key issues related to contract formation and variation, focusing on the rules governing their existence and validity.
- Compiles topics essential for practitioners advising on contract negotiation or validity, filling a gap in specialized literature.
- Tracks the ongoing evolution of rules within English contract law, adapting to changes and learning from developments in other legal systems.
- Identifies areas of contract law likely to undergo significant debate and development in the future.
- Offers an international and comparative perspective on contract formation rules.
- Addresses challenging issues in contract formation encountered in practice throughout the book.

Content Structure:

- Part I covers pre-contractual negotiations, including remedies for failed negotiations, and the process of reaching agreement through offer and acceptance.
- Part II explores formalities in contracts, including general formalities and those specific to certain types of contracts like land sale contracts, consumer contracts, guarantee contracts, and deeds.
- Part III delves into the requirement of consideration, examining its role in both forming a contract and varying an existing one.
- Part IV examines promissory estoppel, its traditional role in contract modification, and its potential development in English law, drawing comparisons with other common law jurisdictions.

New Edition Updates:

Professor Cartwright incorporates all relevant recent developments, including:

- Evolving case law on duties of good faith in negotiation or renegotiation of contracts.
- Cases addressing unjust enrichment claims following failed negotiations, intention to create legal relations, certainty of agreement, and resolution of "battle of forms" scenarios.
- Discussions on the impact of emerging technologies on contract formation, such as smart legal contracts.
- Interpretation and application of statutory formality requirements for contracts and deeds.
- Examination of the impact of "no oral modification" clauses following the Supreme Court decision in MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2018).
- Consideration of the implications of the United Kingdom's withdrawal from the European Union on contract law, including changes to retained EU law and relevant legislation.

Contents of Formation and Variation of Contracts, 4th ed:

1. Introduction
2. Pre-contractual Negotiations
3. Finding the Agreement
4. The Role of Formality
5. Specific Formalities: Substantive Conditions of a Binding Contract
6. Specific Formalities: Written Evidence as a Condition of Enforceability
7. A General Formality: The Deed
8. Consideration as a Condition of the Existence of a Contract
9. Consideration in the Variation of a Contract
10. The Role of Promissory Estoppel in the Modification of a Contract
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ISBN: 9780414119000

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