Treitel on The Law of Contract

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The text of the chapters is entirely my own; it contains an up-to-date account of the law governing overseas sales. More Hamburger icon An icon used to represent a menu that can be toggled by interacting with this icon. It explores the role of this concept as embodied in the doctrines of frustration, common mistake, discharge by breach, as well as fundamental breach in the context of exception clauses – in particular, how ‘radicalism’ with regard to these doctrines can be viewed from the (integrated) perspectives of structure, linkage and fairness. Viewed in that light, the court ought therefore to arrive at a result that is both ‘just’ and ‘fair’.

The Law of Contract - G. H. Treitel - Studocu The Law of Contract - G. H. Treitel - Studocu

See also generally the relevant decisions cited below at nn 166, 171 and 175, as well as Hall, above n 18, pp 621–642 (which also includes, at pp 633–642, a discussion of the Hong Kong Unconscionable Contracts Ordinance (Cap 458) as well as the relevant case-law). See also the recent and exhaustive historical survey as well as analysis by C MacMillan ‘How temptation led to mistake: an explanation of Bell v Lever Brothers, Ltd’ (2003) 119 Law Quarterly Review 625. See per Lord Hobhouse of Woodborough and Lord Scott of Foscote (with regard to the former) and per Lord Clyde (with regard to the latter), ibid,, at [107], [161] and [92], respectively.However, I have pointed out elsewhere that Dworkin was, with respect, wrong in arguing, inter alia, that the late Professor HLA Hart had omitted to consider the concept of ‘principles’ and had focused, instead, only on the concept of ‘rules’ see A Phang ‘Jurisprudential oaks from mythical acorns: the Hart-Dworkin debate revisited’ (1990) 3 Ratio Juris 385 at 386–390. Guenter Treitel, 'Chapter 2: The Agreement, Chapter 3: Consideration, Chapter 18: Third Parties, Chapter 27: Specific Performance and Injunction, and Chapter 40: Gaming and Wagering' in Chitty on Contracts, Second Cumulative Supplement to the 29th edition.

Doctrine and Discretion in the Law of Contract Revisited Doctrine and Discretion in the Law of Contract Revisited

To save this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. Treitel The Law of Contract, 14th edition ebook can be used to learn Law of Contract, agreement, conditional agreements, parole evidence rule, mistake, unilateral mistake, misrepresentation, Rescission, duress, undue influence, unconscionable bargains, consumer protection, illegality, restitution, mental incapacity, plurality of parties, plurality of debtors, plurality of creditors, common law doctrine, agency, breach, anticipatory breach, frustration, damages. It gives an up-to-date account of the law relating to the specified topics and includes an analysis of important legislation, including Contracts (Rights of 3rd Parties) Act 1999. See, eg, H Tjio ‘Undue influence, unconscionability and good faith’ (1996) 8 Singapore Academy of Law Journal 429 at 430 and 433; D Webb ‘A proposed decision-making process for oppressive credit contracts’ [1997] New Zealand Law Review 394 at 418; D Capper ‘Undue influence and unconscionability: a rationalisation’ (1998) 114 Law Quarterly Review 479 at 480, 484 and 487; J Phillips ‘Setting aside guarantees: another approach’ (2002) 2 Oxford University Commonwealth Law Journal 47 at 51; FR Burns ‘Elders and undue influence inter vivos: lessons from the United Kingdom?We understand that not everyone can donate right now, but if you can afford to contribute, we promise it will be put to good use. See the English High Court decision of Occidental Worldwide Investment Corp v Skibs A/S Avainti, Skibs A/S Glarona, Skibs A/S Navalis (The ‘Siboen’ and the ‘Sibotre’) [1976] 1 Lloyd's Rep 293, as well as J Beatson ‘Duress as a vitiating factor in contract’ [1974] Cambridge Law Journal 97.

Guenter Treitel - Wikipedia Guenter Treitel - Wikipedia

Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. Canadian Business Law Journal 46; KFK Low ‘Coming to terms with The Great Peace in common mistake’ in JW Nyers, R Bronaugh and SGAPitel (eds) Exploring Contract Law (Oxford: Hart Publishing, 2009) ch 13; and A Phang ‘Controversy in common mistake’ [2003] Conveyancer and Property Lawyer 247.And cf, in the Hong Kong context, the Hong Kong Court of Final Appeal decision of Twinkle Step Investment Ltd v Smart International Industrial Ltd [1999] 4 HKC 441 (affirming Smart International Industrial Ltd v Twinkle Step Investment Ltd [1999] 1 HKC 767).

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thе саsе оf Uрtоn-оn-Sеvеrn Rurаl Dіstrісt Соunсіl v Роwеll2- соntrасt-іmрlіеd рrоmіsе-rеquеst tо роlісе tо sеnd fіrе brіgаdе-brіgаdе sеnt-рrеmіsеs sіtuаtе іn аrеа оf аnоthеr fіrе brіgаdе-lіаbіlіtу оf оwnеr оf рrеmіsеs. v Rаfusе6 'whеrе соnсurrеnt lіаbіlіtу… ехіsts, thе рlаіntіff hаs thе rіght tо аssеrt thе саusе оf асtіоn thаt арреаrs tо bе mоst аdvаntаgеоus hо hіm іn rеsресt оf аnу раrtісulаr lеgаl соnsеquеnсе.One of the products of that visit was Phang, A ‘ Convergence and divergence – a preliminary comparative analysis of the Singapore and Hong Kong legal systems’ ( 1993) 23 Hong Kong Law Journal 1 Google Scholar, which was (in turn) based on a public lecture delivered at the University of Hong Kong on 31 October 1991. I would also like to express my gratitude to Professor Yeo Tiong Min, Yong Pung How Professor of Law, School of Law, Singapore Management University; Professor Hans Tjio, Faculty of Law, National University of Singapore; Mr Goh Yihan, Faculty of Law, National University of Singapore; and Mr Peh Aik Hin, Senior Justices’ Law Clerk, Supreme Court of Singapore, for their valuable comments and suggestions. See also AWB Simpson ‘Innovation in nineteenth century contract law’ (1975) 91 Law Quarterly Review 247 at 271.