Gregory Tolhurst

This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.

This book, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore). The work opens with a history of development of the privity rule and its place in English up to the enactment of the Contract (Right of third parties) Act 1999. The books considers common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. There is also consideration of the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promise where the loss suffered by reason of a breach of contract has been incurred by a third party. The final chapters consider the position under the Contract (Right of third parties) Act 1999 and look at the international position, considering work undertaken by UNIDROIT. This book fills a gap for a more thorough examination of the law of privity and is written by two well-known and experienced authors on contract law.