Best Books on Introduction to Contract Law

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Recommended publications
  • English Contract Law: Your Word May Still Be Your Bond Oral Contracts Are Alive and Well – and Enforceable
    Client Alert Litigation Client Alert Litigation March 13, 2014 English Contract Law: Your Word May Still be Your Bond Oral contracts are alive and well – and enforceable. By Raymond L. Sweigart American movie mogul Samuel Goldwyn is widely quoted as having said, ‘A verbal contract isn’t worth the paper it’s written on.’ He is also reputed to have stated, ‘I’m willing to admit that I may not always be right, but I am never wrong.’ With all due respect to Mr Goldwyn, he did not have this quite right and recent case law confirms he actually had it quite wrong. English law on oral contracts has remained essentially unchanged with a few exceptions for hundreds of years. Oral contracts most certainly exist, and they are certainly enforceable. Many who negotiate commercial contracts often assume that they are not bound unless and until the agreement is reduced to writing and signed by the parties. However, the courts in England are not at all reluctant to find that binding contracts have been made despite the lack of a final writing and signature. Indeed, as we have previously noted, even in the narrow area where written and signed contracts are required (for example pursuant to the Statute of Frauds requirement that contracts for the sale of land must be in writing), the courts can find the requisite writing and signature in an exchange of emails.1 As for oral contracts, a recent informative example is presented by the case of Rowena Williams (as executor of William Batters) v Gregory Jones (25 February 2014) reported on Lawtel reference LTL 7/3/2014 document number AC0140753.
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  • Discussion Paper on Interpretation of Contract (DP 147)
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  • Behavioural Standards in Contracts and English Contract Law Mitchell, Catherine
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  • The Concurrent Liability in Contract and Tort Under US and English
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  • Good Faith in English Law— Could a Rule Become a Principle?
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  • English Contract Law
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  • Jersey & Guernsey Law Review | Une Très Grosse Erreur: Jersey's Mistake Over Misrepresentation
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  • Some Comparative Notes on English and American Contract Law
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  • English Contract Law: Choice of Law and Forum Trumped? Beware (Or at Least Be Aware) of the Commercial Agents Regulations
    Client Alert Litigation Client Alert Litigation September 10, 2014 English Contract Law: Choice of Law and Forum Trumped? Beware (or at least be aware) of the Commercial Agents Regulations. By Raymond L. Sweigart In Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) (29 August 2014), the English High Court analyzed the arguments for and against non-English forum selection and choice of law terms in commercial contracts involving English parties or performance in England, as well as permissive service of English court proceedings out of the jurisdiction. While the outcome was not final, it certainly sends a note of caution and a reminder to consult English qualified counsel before assuming that application of English law and English court proceedings can be avoided by contract. This decision was on an application by the defendant, Intergraph Cadworx & Analysis Solutions, to set aside an order giving permission to the claimant, Fern Computer Consultancy, to serve notice of court proceedings out of the jurisdiction. The main claim was based on indemnification and termination fees allegedly due Fern under The Commercial Agents (Council Directive) Regulations 1993 and also a claim for unpaid commissions under the parties’ contract. Fern sought and obtained permission to serve its claim on Intergraph in Texas, on the basis that the contract was governed by English law, and/or that the contract was breached within the jurisdiction. It did so notwithstanding that the contract contained an apparently clear Texas law and Texas jurisdiction clause. Thus the application before the Court raised the tensions that can arise between such clauses and the Regulations.
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  • Contract Law Common Law
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  • Foreseeability in Contract and Tort: the Problems of Responsibility and Remoteness
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  • The Modern Law of Contract
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