Frustration And Supervening Impossibility The Doctrines Of Consideration And Promissary Estoppel

Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.

The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.

This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.

This book is a codification of the principles and rules relating to the prosecution of investment claims.

This book discusses the principles and rules of general contract law in England & Wales. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. In this it follows the structure most used in contract law modules at universities. Please also note that this book takes into account developments of the law up until July 2021. Contract law is a core module in legal higher education in the UK. Contract law is also an important basis for many other law modules including maritime law, company law, commercial law, and arbitration law. This book gives a clear oversight of the main issues of key contract law topics. It summarises the issues in a concise and precise manner and uses practical examples throughout to clarify how the law is applied. Key cases are used to explain and illustrate the principles of the law. This book is an ideal companion guide for exam revisions. The chapters follow a question-and-answer model that makes it easy to find information on a specific issue. The chapters end with a problem-solving scenario on key issues of the topic and a list with key cases which will be helpful in preparing for examinations. At the end of the book, you find a further reading list and a set of sample multiple-choice questions which can be used to help prepare for the first stage of the SQE examination that will be introduced in September 2021. “Contract Law is generally taught as a first-year subject which could be a daunting subject. This book helps students to revise this subject effectively as it brings together all key areas of contract law that a student should be familiar with when preparing for examinations, drafting coursework, and preparing for seminars. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. The book is written in plain language in the form of questions and answers. It is detailed without being too long, succinct but covers all key cases and developments in the area. The multiple-choice questions at the end of the book are very beneficial for students preparing for the SQE and exams that follow a similar format. I would recommend this book wholeheartedly.” – Dr Aysem Diker Vanberg, Lecturer in Law, Goldsmiths, University of London CONTENTS: Abbreviations About the author Foreword CHAPTER I Introduction CHAPTER II Offer and Acceptance CHAPTER III Intentions to Create Legal Relations & Certainty CHAPTER IV Consideration & Promissory Estoppel CHAPTER V Rights of Third Parties CHAPTER VI Capacity CHAPTER VII Terms of the Contract CHAPTER VIII Exemption Clauses and Unfair Terms CHAPTER IX Duress and Undue Influence CHAPTER X Misrepresentation CHAPTER XI Mistake CHAPTER XII Frustration CHAPTER XIII Breach of Contract and Remedies SUMMARY: SAMPLE MULTIPLE CHOICE QUESTIONS ANSWERS RECOMMENDED READING LIST INDEX