Contract Formation: Law and Practice (2nd edition)

ISBN : 9780198724032

Michael Furmston; Gregory Tolhurst
496 ページ
171 x 246 mm

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. In this second edition a chapter has been added on consideration and estoppel. 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.


1 Furmston/Tolhurst: Formation and the Concept of Agreement
2 Furmston/Tolhurst: Offers and Invitations to Treat
3 Furmston/Tolhurst: Termination and Revocation of Offers
4 Furmston/Tolhurst: Acceptance
5 Furmston/Tolhurst: Auctions and Tenders
6 Eliza Mik: Problems of Intention and Consideration in Online Transactions
7 Furmston/Tolhurst: Letters of Intent
8 Furmston/Tolhurst: Practical Aspects of Letters of Intent
9 Furmston/Tolhurst: Conditional Contracts
10 Furmston/Tolhurst: Denial of Legally Binding Effect
11 Furmston/Tolhurst: Certainty and Completeness
12 Furmston/Tolhurst: Consideration
13 Furmston/Tolhurst: Is There a Duty to Negotiate in Good Faith?
14 Furmston/Tolhurst: Pre-Contractual Liability


Michael Furmston is Professor of Law at Sunway University in Malaysia. He studied law at Oxford and has taught at Birmingham, Belfast, Oxford, Bristol, and Singapore Management University. He was called to the Bar at Gray's Inn in 1960 and has been a Bencher of Gray's Inn since 1989. He is a member of the UNIDROIT working group which produced the General Principles for International Commercial Contracts.; Greg Tolhurst is a Professor of Law at Sydney Law School. He is also an editor of the Journal of iContract Lawr, a co-editor of the iCommercial Law Quarterlyr, a consultant editor of iCarter on Contractr, and a consultant with Herbert Smith Freehills. His research interests lie in the areas of contract law and personal property and in particular where these two areas meet such as in sales of goods, bailment and dealings in intangibles.