Contract LawPub Date : 2020-05-27DOI: 10.1093/he/9780198855293.003.0017
Ewan Mckendrick
{"title":"17. Misrepresentation","authors":"Ewan Mckendrick","doi":"10.1093/he/9780198855293.003.0017","DOIUrl":"https://doi.org/10.1093/he/9780198855293.003.0017","url":null,"abstract":"A misrepresentation induces a party to enter into a contract but typically is not part of the contract itself. The chapter examines the different types of misrepresentation (fraudulent, negligent, or innocent) and the remedies that the law provides in respect of a misrepresentation. The chapter focuses on the liability for misrepresentation. Section 2 begins by examining the definition of a misrepresentation. Section 3 considers the extent to which English law recognizes the existence of a duty of disclosure. Section 4 discusses the concept of rescission while Section 5 explores how misrepresentation gives rise to a claim for damages, with a particular focus on section 2 of the Misrepresentation Act 1967. Section 6 examines the possibility of excluding liability for misrepresentation.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114451193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2020-05-27DOI: 10.1093/HE/9780198701989.003.0020
Ewan Mckendrick
{"title":"20. Unconscionability and Inequality of Bargaining Power","authors":"Ewan Mckendrick","doi":"10.1093/HE/9780198701989.003.0020","DOIUrl":"https://doi.org/10.1093/HE/9780198701989.003.0020","url":null,"abstract":"This chapter considers a group of cases in which the courts have been asked to grant relief on the basis that the contract concluded between the parties was, in some way, unfair, outlining examples drawn both from the common law (including equity) and from statutes. The rise and fall of a doctrine of inequality of bargaining power is also noted. It then considers the arguments in favour of drawing these disparate cases together into one general doctrine, and concludes by drawing on some academic reflections on the case-law and the role of fairness in the law of contract more generally.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"482 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123403021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2020-05-27DOI: 10.1093/he/9780198855293.003.0007
Ewan Mckendrick
{"title":"7. Intention to Create Legal Relations","authors":"Ewan Mckendrick","doi":"10.1093/he/9780198855293.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198855293.003.0007","url":null,"abstract":"An essential ingredient of a binding contract is that the parties must have had an intention to create legal relations. In other words, they must have had an intention to be bound by the terms of their agreement. This chapter, which examines the doctrine of intention to create legal relations, begins by considering cases involving domestic and social agreements before turning to analyse the role of intention to create legal relations in the commercial environment.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124438941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2020-05-27DOI: 10.1093/he/9780198855293.003.0016
Ewan Mckendrick
{"title":"16. Mistake","authors":"Ewan Mckendrick","doi":"10.1093/he/9780198855293.003.0016","DOIUrl":"https://doi.org/10.1093/he/9780198855293.003.0016","url":null,"abstract":"This chapter examines the effects of a mistake on the validity of a contract. A mistake may prevent parties from reaching agreement. First, a court may decide that no contract has been concluded where one party knows that the other is labouring under a mistake in relation to the terms of the agreement and fails to inform that other party of the mistake. Secondly, it may conclude that the terms of the offer and acceptance suffer from a latent ambiguity such that the parties cannot be said to have reached agreement. The third case in which a mistake may prevent the formation of a contract is where there has been a mistake as to the identity of the party who is said to be a party to the contract. The discussion then turns to the leading cases on common mistake, mistake in equity, and rectification. The chapter concludes by considering the non est factum defence, which can be invoked by someone who, through no fault of his own, has no understanding of the document that he has signed.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126066076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2020-05-27DOI: 10.1093/HE/9780198701989.003.0021
Ewan Mckendrick
{"title":"21. Frustration and Force Majeure","authors":"Ewan Mckendrick","doi":"10.1093/HE/9780198701989.003.0021","DOIUrl":"https://doi.org/10.1093/HE/9780198701989.003.0021","url":null,"abstract":"The doctrine of frustration operates to discharge a contract where, after the formation of the contract, something occurs which renders performance of the contract impossible, illegal, or something radically different from that which was in the contemplation of the parties at the time of entry into the contract. This chapter examines the scope of the doctrine of frustration and the relationship between the doctrine of frustration and any force majeure or hardship clause that is found in the contract. Consideration is given to the basis of the doctrine of frustration and the remedial consequences of the conclusion that a contract has been frustrated. It also explores the reasons for the narrow scope of the doctrine of frustration and contrasts it with the more liberal regimes to be found in, for example, the Principles of European Contract Law.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"8 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126093890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2020-05-27DOI: 10.1093/he/9780198808169.003.0006
Ewan Mckendrick
{"title":"6. Formalities","authors":"Ewan Mckendrick","doi":"10.1093/he/9780198808169.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198808169.003.0006","url":null,"abstract":"Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124163071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2020-05-27DOI: 10.1093/he/9780198855293.003.0018
Ewan McKendrick
{"title":"18. Duress","authors":"Ewan McKendrick","doi":"10.1093/he/9780198855293.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198855293.003.0018","url":null,"abstract":"A contract can be set aside on the ground that it has been entered into under duress. This chapter presents cases illustrating the different forms of duress, namely duress of the person, duress of goods, and economic duress. The case-law establishes that there are two principal elements to a duress claim: (i) lack of consent/coercion of the will and (ii) the illegitimacy of the pressure exerted. The chapter examines the idea of ‘illegitimacy’, in particular whether a threat to breach a contract is always illegitimate and the scope of ‘lawful act’ duress.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"159 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131969119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2020-05-27DOI: 10.1093/HE/9780198701989.003.0011
Ewan Mckendrick
{"title":"11. The Interpretation of Contracts","authors":"Ewan Mckendrick","doi":"10.1093/HE/9780198701989.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198701989.003.0011","url":null,"abstract":"This chapter focuses on the principles applied by the courts when interpreting contracts, as set out by the House of Lords in Investors Compensation Scheme Ltd v. West Bromwich Building Society and the Supreme Court in Arnold v. Britton and Wood v. Capita Insurance Services Ltd. The chapter discusses the scope of these principles (in particular, the ‘factual matrix’, the exclusion of pre-contractual negotiations, the meaning of words, ‘corrective interpretation’, and the balance to be struck between the natural and ordinary meaning of the words and giving to the words a commercial sensible construction.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129902931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contract LawPub Date : 2019-09-30DOI: 10.1017/9781107445703.010
{"title":"Protecting reliance: The doctrine of estoppel","authors":"","doi":"10.1017/9781107445703.010","DOIUrl":"https://doi.org/10.1017/9781107445703.010","url":null,"abstract":"","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121475483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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