מעודכן ל: 8.9.2025
contract n. … (14c) 1. An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law <a binding contract>. 2. The writing that sets forth such an agreement <a contract is valid if valid under the law of the residence of the party wishing to enforce the contract>. 3. A promise or set of promises by a party to a transaction, enforceable or otherwise recognizable at law; the writing expressing that promise or set of 4. Broadly, any legal duty or set of duties not imposed by the law of tort; esp., a duty created by a decree or declaration of a court <an obligation of record, as a judgment, recognizance, or the like, is included within the term “contract”>. 5. The body of law dealing with agreements and exchange. 6. The terms of an agreement, or any particular term <there was no express contract about when the money was payable>. 7. Loosely, a sale or conveyance 8. Loosely, an enforceable agreement between two or more parties to do or not to do a thing or set of things; a compact <when they finally agreed, they had a contract>.
Contract, Black’s Law Dictionary, (19th ed. 2019).
Contracts
Agreement
Obligation
Promise
Bargain
Arthur L. Corbin, et al., Corbin on Contracts (MB), Lexis (database updated June. 2025).
Richard A. Lord, Williston on Contracts (4th ed.), Westlaw WILLSTN-CN (database updated July. 2022).
Howard O. Hunter, Modern Law of Contracts, Westlaw MODCON (database updated Mar. 2022).
Contract Law in Israel
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Israel covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Israel will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Advanced Introduction to Contract Law and Theory
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This comprehensive Advanced Introduction provides an overview of contract law and contemporary contract theory. Demonstrating that an understanding of theory and policy is a vital aspect of being an effective practicing lawyer, Brian H. Bix explores the various theoretical approaches which can best explain and justify contract law, arguing for greater critical attention to the connections between contract law theory, practice, and teaching. Key Features: Concise and accessible format Combines analysis of contract doctrine and theory Includes detailed Restatement, UCC and case references Analyses the strengths and weakness of a variety of theoretical approaches Examines contract law formation, interpretation, performance, the right of duties of third persons, and remedies The Advanced Introduction to Contract Law and Theorywill be an invaluable resource for students wanting to understand contract law and its theoretical underpinnings. It will also prove an essential guide for scholars seeking an authoritative guide to current doctrine and debates in the field of contract law.
Contracts in a Nutshell
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This Nutshell provides a comprehensive guide to the law of contracts. It contains detailed explanations of contract concepts under both the common law and Article 2 of the Uniform Commercial Code, as well as the basics of restitution law. It also provides an extensive introduction to contracts in the digital age.
Corbin on Contracts
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Corbin on Contracts is peerless as a contract law treatise, and is one of the most cited and influential treatises in print. The venerable 16-volume Corbin on Contracts has been hailed as "the greatest law book ever written". Corbin contracts law analysis is exhaustive, and addresses all of the rules of contract law, including exceptions and variations. No other contract treatise matches Corbin on Contracts to help you prevent disputes and keep your clients out of court. Cited in the opinions of federal and state courts literally thousands of times, this exhaustive exposition of all the working rules of contract law has helped lawyers understand what the rules of contract mean and how they can be used in daily practice for more than half a century.
Publication of the Revised Edition was directed by renowned contracts expert Professor Joseph M. Perillo. In addition to the periodic issuance of replacement volumes, the set is updated twice each year with cumulative stand-alone and pocket-part supplements prepared by noted legal scholar Dr. John E. Murray, Jr. (1932-2015), former Chancellor and Professor of Law, Duquesne University, and Timothy Murray, Partner, Murray, Hogue & Lannis, Pittsburgh, Pennsylvania.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
Farnsworth on Contracts
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Bring the expertise of America's foremost authority on contracts into your practice with this comprehensive three-volume set. Farnsworth on Contracts, Fourth Edition is where doctrine meets practice. Now in loose-leaf format, this ultimate guide to contracts is designed to increase readability and usefulness for practitioners while providing the most up-to-date content.
In the years since the prior edition, contracts law has developed in both anticipated and surprising ways. Arbitration agreements became even more common, and the Supreme Court upended a significant body of state caselaw regarding their enforceability. Online contracting became more common and more complex. Courts were joined by legislators and administrative agencies in setting new limits on contracts. Accordingly, the previous edition had been supplemented with authorities confirming the doctrines described in the prose, building nuances onto them, and questioning or completely departing from them. The new edition retains most of the earlier supplemental material and overall structure of the book, but reorganizes the content to present changes in the law more clearly and to collect all relevant material in areas that are seeing the most litigation. It also moves to a looseleaf format, so future developments can be incorporated seamlessly and accessed efficiently. Farnsworth illustrates how contemporary contract law has been shaped by both the Restatement (Second) of Contracts -- for which he served as Reporter -- and the Uniform Commercial Code. Easy access to specifics, new cases, new drafting tips, new references, and timesaving features like cross-referenced cases and marginal headings make this three-volume set a valuable resource for contracts research and practice, including litigation and arbitration. Farnsworth on Contracts, Fourth Edition is the most authoritative contracts treatise available.
Foundations of American Contract Law
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One of the great enterprises of the nineteenth century was to systematize the law of contracts. Since the mid-twentieth century, there has been general agreement that the systems have come unstuck. Yet older doctrinal formulations have lived on. Further intricacies have been added to already complicated doctrines. Vague doctrines have replaced rigid ones. The fundamental problem with nineteenth-century contract theory has been sidestepped. Contract was defined in terms of the will of the parties. This theory could not explain why the parties are often bound by terms to which they did not consciously assent, and sometimes they are not bound by harsh terms to which they assented. Contemporary approaches either neglect the idea of fairness entirely or explain it through liberal considerations of choice. Foundations of American Contract Law systematically re-examines the major doctrines of American contract law. It presents an alternative approach that reconciles concerns about fairness, party autonomy, and the purposes that a contract serves for society and the parties themselves. It shows how this alternative better explains the enforceability of contracts, relief for unconscionable terms, the effect of mistake, fraud, duress and changed circumstances, and problems of assent, interpretation, good faith, and remedies for breach of contract.
The Story of Contract Law: Formation
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This book, revised as the Fourth Edition June 2021, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation.
The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study.
Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent.
Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines.
Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
The Story of Contract Law: Implementing the Bargain
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This book is a companion volume to Volume I, "The Story of Contract Law: Formation." Volume I introduces students to law study and teaches basic doctrines of contract formation along with formation defenses. This book, Volume II, The Story of Contract Law: Implementing the Bargain, covers the rest of basic contract doctrine, namely, laws that
1) determine the content of the bargain (plain meaning, usage and custom, good faith, mistake in transmission, parol evidence, and express and constructive conditions);
2) govern the effect of events that occur after formation (impracticability, frustration, failure of consideration, and risk of loss);
3) set remedies—rescission, damages, specific performance—available to courts when liability exists; and
4) establish the rights of third parties in contracts by assignment or delegation or as third-party beneficiaries.
This book includes many classic teaching cases and introduces new ones. The book also includes many problems, most based on actual cases. The book takes especial care with the doctrine of concurrent conditions, a common-law rule adopted in the late 1700s that required doctrinal readjustment across all the law governing contract performance and remedies.
This volume also continues several themes from Volume I. Volume II continues to tie rules to contract law’s central structural idea, that of fair exchange. Also, to the extent helpful to student understanding, Volume II explains doctrines in part through their chronological development. The book introduces the doctrines in the order best conducive to students’ understanding contract law as a regulatory whole; for this volume, it is the order in which the doctrines arise in litigation. Finally, where possible, this volume repeats ideas at helpful points and suggests ties between doctrines so that the structural coherence of contract doctrine becomes easier to understand.
Anson's Law of Contract
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Popular amongst students and practitioners, Anson's Law of Contract is a well-established and well-respected classic of contract law. Written by three of the foremost experts in the field, it provides an authoritative account of the subject. Detailed, yet clear, the book leads readers through extensive explanations and analyses of the key underlying principles of contract law.Thoroughly updated to incorporate the most recent legislation and case law, this definitive work is essential reading on contract law.
Chitty on Contracts (New Edition)
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In this 35th edition of Chitty on Contracts, the editors have not only brought the account of the law up to date but have expanded its coverage and have sought to make it more accessible.
New developments:
The Chapter on Consideration has been split into two: Chapter 6 now deals with the doctrine of consideration itself and the new Chapter 7 (Estoppel) contains a separate and fuller account of the various kinds of estoppel, some of which can provide a substitute for consideration.
Chapter 18 (Exemption Clauses) contains a new and detailed explanation of the case law on “reasonableness” under the Unfair Contract Terms Act 1977.
Chapter 19 (Illegality and Public Policy) has been reorganised and expanded in the light of cases on the effects of illegality following the decision of the Supreme Court in Patel v Mirza.
Chapter 24 (Death and Bankruptcy) contains an expanded section on the effects of personal insolvency on contracts and a new section on the effects of corporate Insolvency.
Chapter 46 (Restrictive Agreements and Competition) has been revised and reorganised in the light of Brexit, to focus on the competition law of the United Kingdom, though with copious references to the case law of the Court of Justice of the European Union where that remains relevant in interpreting and applying UK competition law.
All developments in relevant legislation and case law that were available up to 31st July 2023 have been included, and some later cases. In particular:
Legislation
Retained EU Law (Revocation and Reform) Act 2023
Building Safety Act 2022
Electronic Trade Documents Act 2024
Financial Services and Markets Act 2023
Digital Markets, Competition and Consumers Bill 2023
Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (replacement of workers on strike).
Cases
The new edition contains too many new cases to list them all here, but the following are worth mentioning:
Umbrella Interchange Fee Claimants v Umbrella Interchange Fee Defendants, Walter Hugh Merricks CBE v Mastercard Inc (Volvo Limitation) (“retained” EU law, limitation period for events before IP completion day, application of CJEU judgment after IP completion day)
Barton v Morris (SC) (incomplete agreement);
Guest v Guest (SC)
SK Shipping Europe Plc v Capital VLCC 3 Corp (CA) (Misrepresentation Act 1967 s2(2))
Law Debenture Trust Corporation plc v Ukraine (SC) (Duress);
SR Projects Ltd v Rampersad (PC) (effect of exceeding borrowing limits)
Benyatov v Credit Suisse Securities (Europe) Ltd (CA) (agent’s right to indemnity)
The Claimants in the Royal Mail Group Litigation v Royal Mail Group Limited (CA)
Philipp v Barclays Bank UK Plc (SC)
Oxford University Innovation Ltd v Oxford Nanoimaging Ltd, Payward, Inc v Chechetkin and Eternity Sky Investments Ltd v Zhang (“consumer”; unfair contract terms)
Contract Law
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Written by a leading contract lawyer with extensive teaching experience, Contract Law takes a unique approach to a complex subject.Chen-Wishart combines academic rigour with an innovative visual approach, presenting the law with diagrams, flowcharts and tables to provide students with a stimulating account of key principles and an engaging analysis of the complexities of contract law. Thought-provoking analytical features, suchas the 'Pause for reflection' and 'Counterpoint' boxes, encourage active and critical engagement with the topics.Digital formats and resourcesThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.DT The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksDT The online resources include: animated diagrams; chapters in essence; guidance on answering the questions in the book; bi-annual updates on the latest key developments in contract law; and self-test questions on key topics, with feedback, providing an opportunity for students to test andconsolidate their learning.
Exclusion Clauses and Unfair Contract Terms
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Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute.
Key features:
Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation
Examines unlawful, void and ineffective exclusion clauses
Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective
Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts
Provides wholesale review of the recent case law
Analyses the courts’ interpretation of the meaning of “written standard terms” under the Unfair Contract terms Act.
Discusses how the courts are adjusting the process of construing exclusion clauses so as to harmonise this topic with the general principles of interpreting written contracts.
Considers in detail the impact of the Consumer Rights Act 2015.
Interpretation of Contracts
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The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann’s exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance.
The Law of Contract
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Treitel on the Law of Contract is recognised as the most thorough and discerning treatment of contract law. It is a widely adopted textbook for students and a valuable source of reference for practitioners. This new edition provides a clear and detailed analysis of an increasingly complex area of law.
Examines, and offers resolutions to, controversial and problematic points of law
Takes account of recent cases from the Supreme Court
Also covers important developments in the Court of Appeal
A Restatement of the English Law of Contract
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Following the success of the first edition, this is the fully updated second edition of A Restatement of the English Law of Contract. Designed to enhance the accessibility of the common law, the Restatement comprises a number of clear and succinct rules, fully explained by a supportingcommentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of thelaw in this central area of English law.All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, will benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and, by the device of a "choice of law" clause, isoften chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.
The New French Law of Contract
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After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way.The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies.The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shapedthe reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles.Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges withan interest in comparative law.
The Code Napoléon Rewritten: French Contract Law After the 2016 Reforms
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The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.
European Contract Law
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This 3rd edition provides information on core EU legislation as well as academic projects in order to unlock the content, approaches and objectives of European contract law. European contract law is not only a core aspect of European private law but also plays a highly important role in the development of contract law at national level. However, European contract laws contribution and significance are often overlooked and its content, approaches and objectives not fully understood. This revised and updated 3rd edition unlocks European contract law by providing fundamental information about core EU legislation, court decisions, and academic projects in order to show how a system arises from the interaction between the different sources. Moreover, this 3rd edition takes into account the recent legislative responses to digitalization and the development of a contract law for the 21st century.
European Contract Law and the Creation of Norms
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The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules. The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape. The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives. Stefan Grundmann is Professor of Transnational Law and Theory at the European University Institute, Florence, Italy, and Professor of Private and Business Law at Humboldt-University, Berlin, Germany. Mateusz Grochowski is a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences, Warsaw, and Fellow at the Information Society Project, Yale Law School, United States.
European Contract Law
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This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first edition was limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in the light of the recent changes to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has been translated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir.This edition will be invaluable to scholars and practitioners in Europe and beyond.
Todd on torts
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The many and varied developments in the field of torts during the last 4 years mean that this new, 9th edition of Todd on Torts (formerly The Law of Torts in New Zealand) already is needed. As with previous editions, it seeks to explain and to discuss the evolving law in New Zealand and also to cover significant developments in the wider common law world. Major new or rewritten topics include:
The impact of tikanga Māori on the developing common law of torts
Using proceedings in tort as a means of controlling global warming
The scope of the duty of care and the relationship between the duty issue and the cause of harm
Liability issues arisng out of a biosecurity failure at New Zealand’s borders
The direct liability of parent companies for the torts of their subsidiaries
Visual intrusion into property as constituting a nuisance.
The ambit of the elements to vicarious liability
Todd on Torts is the definitive tort work for law students and practitioners. Its exemplary standards and authoritative reputation are both demonstrated by the fact that it is the book most frequently cited in decisions of the New Zealand Courts.
The Future of the Law of Contract
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The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.
Contract Law: A Comparative Introduction
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Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.
Comparative Contract Law: An Introduction
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National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.
Algorithmic Regulation and Personalized Law: A Handbook
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This new handbook takes an innovative look at the current and potential effects of big data and artificial intelligence on the legal system. It explains how technological advances in data collection and information processing will make it possible to change the design of legal rules and tailor them to specific individuals. This new type of "granular legal norms" is part of a broader trend towards algorithmic regulation in the emerging data economy. With practical examples from contract, consumer and tort law, leading experts from Canada, Europe, Israel, and the United States explain how and to what extent legal norms could be personalised. They explore the advantages, limitations and potential dangers of legal micro-targeting and explain how the personalisation of legal norms could change the relationship between individuality, privacy and the protection of general interests. This handbook offers a multi-faceted overview of the emerging field of "personalised law" and provides a unique source of inspiration for scholars, lawyers, judges and lawmakers.
The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
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The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
Research Handbook on the Philosophy of Contract Law
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With contributions from experts in the field, this comprehensive Research Handbook provides a systematic overview of debates at the cutting edge of the philosophy of contract law. The Research Handbook engages closely with general theories of contract law, entering into detailed theoretical discussions surrounding its principles, rules and doctrines, as well as its moral foundations. Chapters explore key themes such as the limits of freedom of contract; debates about monistic and pluralistic theories of contract law; and the philosophical challenges associated with resolving hard cases. The Research Handbook on the Philosophy of Contract Lawsuggests paths for future studies, emphasising the need to bridge the gap between theory and practice. Wide-ranging in scope, this Research Handbook is an essential resource for scholars and students in contract law theory, moral and political philosophy, jurisprudence and law and economics. Legal practitioners and policy experts seeking an overview of current theoretical debates will also benefit greatly from this book.
Islamic Contract Law
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The first comprehensive treatment of Islamic contract law in the English language, Islamic Contract Law serves as both a reference work and an authoritative statement of the law and the Fiqh underlying it. The book's structure draws from the tradition of western contract law books to enable non-expert readers to easily navigate its structure, sources, and application. It covers the complete spectrum of Islamic contract regulation, and includes chapters on the formation of contracts, the sources of Islamic contract law, the role of intention, legal capacity, the importance of the subject matter, as well as the prohibited elements of contracts. Further chapters discuss validity and defects, contractual terms, bilateral agreements, equity-based partnership contracts, ancillary and unilateral contracts, termination and damages, and the role of third parties. Finally, a chapter is devoted to the application of Islamic law in contemporary Muslim-majority legal systems. This is a key work for understanding the contract underpinnings of Islamic finance instruments and is a must-read for scholars, legal professionals, and students with an interest in contracts governed by Islamic Law.
17A Am. Jur. 2d Contracts, Westlaw (database updated Nov. 2022).
17 C.J.S. Contracts, Westlaw (database updated Nov. 2022).
לפניות והערות כתבו ל:irinabo@savion.huji.ac.il
מעודכן ל: 8.9.2025
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