Furmston and Tolhurst on Contract Formation: Law and Practice 3e

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G.J. Tolhurst (University of Sydney) Elisabeth Peden (Judge, Judge, Supreme Court of New South Wales)

Furmston and Tolhurst on Contract Formation

Law and Practice 3e

G.J. Tolhurst (University of Sydney), Elisabeth Peden (Judge, Judge, Supreme Court of New South Wales)

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English

Oxford University Press
19 May 2023

Commercial law; Contract law

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. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] which considered the extent to which issues of contract formation involved issues of law or fact.

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.

By: G.J. Tolhurst (University of Sydney), Elisabeth Peden (Judge, Judge, Supreme Court of New South Wales)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 3rd Revised edition
Dimensions: Height: 252mm, Width: 175mm, Spine: 30mm
Weight: 1.038kg
ISBN: 9780192868084
ISBN 10: 019286808X
Pages: 528
Publication Date: 19 May 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Formation and the Concept of Agreement 2: Offers and Invitations to Treat 3: Termination and Revocation of Offers 4: Acceptance 5: Auctions and Tenders 6: Contracts Formed Online and 'By' Computers 7: Letters of Intent and Comfort 8: Conditional Contracts 9: Intention to Contract 10: Certainty and Completeness 11: Consideration 12: Is There a Duty to Negotiate in Good Faith 13: Pre-Contractual Liability

GJ Tolhurst is Professor of Commercial Law, University of Sydney and CEO Australian Bar Association. He is the former Executive Director of the NSW Bar Association. Elisabeth Peden is a Judge of the Supreme Court of NSW, and a former Barrister and Senior Counsel and Professor of Law, University of Sydney.