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This contracts casebook includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. the authors express their disagreement about basic issues, so that students can experience the range of possible in modern contract law. to save time, the authors avoid extensive citation of academic scholarship except as it pertains to the cases being studied. Certain traditional subjects such as offer and acceptance and consideration are reduced to the bare minimum, where more pivotal subjects such as form contracts, arbitration clauses, and the modern concept of unconscionability are considered at length.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...in a sale of bonds, the mere fact that the vendor denied having made the contract and refused to deliver the bonds, was held no such evidence of an intention to break the contract as released the buyer from a tender of payment when the day for performance arrived;' it seems that one party has no right to tract was in no way modified by the 530; Southwestern Stage Co. v. Peck, notice, and the plaintiffs were not 17 Kan. 271; Davis Sewing Machine bound then to sell in order to reduce Co. v. McGinnis, 45 Iowa, 538. the damages." Lord Abinger, C. B., 'Westl-ake v. Bostwick, 35 N. Y. in Phillpotts v. Evans, 5 M. & W. Super. Ct. 256. 474, 476. 3 Brooklyn Life Ins. Co. v. Bledsoe, 'Cort v. Ambergate R. Co., 17 Q. B. 52 Ala. 538. l 127; Daniels v. Newton, 114 Mass. 'Mowry '0. Kirk, 19 Ohio St. 375. exact from the other, before performance is due, a declaration, either formal or informal, that he expects to keep his contract.' 416. Further illl1strati0ns.--A contract payable "in trade," without time or place for a payment, is payable on demand, or within a reasonable time, and at the residence or place of business of the promisor; and, before the promisee is entitled to a money judgment against the promisor for non--performance, he must show a demand on his part and a refusal upon the part of the other.' Thus, where the owner of a stallion agreed to allow him to serve a mare, it was held that it was the duty of the owner of the mare to take her to the stallion within a reasonable time, and a failure to do this precluded an action against the owner of the stallion, although he had notified the mare's owner that he would not allow the stallion to serve.' Wliere a contract provides...
The Modern Law of Contract is a clear and logical textbook, written by an experienced author team with well over 50 years’ teaching and examining experience. Fully updated to address the Consumer Rights Act 2015 and recent key cases in Contract Law, it offers a carefully tailored overview of all key topics for LLB and GDL courses. The book also includes a number of learning features designed to enhance comprehension and aid exam preparation, allowing the reader to: ■ understand and remember core topics: boxed chapter summaries offer a useful checklist for students, while illustrative diagrams help to clarify difficult concepts; ■ identify important cases and assess their relevance: ‘Key case’ features highlight and contextualise the most significant cases; ■ reflect on how contract law operates in context: highlighted ‘For thought’ features ask students to consider ‘what if’ scenarios, while ‘in focus’ features offer critical commentary on the law; ■ consolidate learning and prepare for assessment: further reading lists and comparison website directions at the end of each chapter direct you to additional interactive resources to test and reinforce your knowledge. Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.