JC Smith's The Law of Contract (3rd edition)

ISBN : 9780198853503

Paul S. Davies
536 ページ
171 x 246 mm

JC Smith's The Law of Contract provides a superb overview of all the key areas of contract law, making it ideal for use on all undergraduate courses. A focus on key cases acts as a springboard into analysis and critical discussion, and useful further reading recommendations provide students with a foundation for independent research. The book is easily navigated as chapters are kept short, with key points outlining the main concepts and topics broken down by regular headings. These work as a useful signpost, and revision checklist. Particular attention is paid to supporting assessment; each chapter ends with either an essay or problem-based question - guidance on how to answer these questions is given online, alongside a range of assessment-focused online resources, including a number of essay attempts from real students 'marked' by the author to give students insights into what examiners are looking for, and interactive self-test questions which provide instant feedback. Digital formats and resources The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive audio recordings and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The study tools that enhance the e-book, along with guidance on answering essay questions, links to key case judgments, and example essays from real students with annotation from the author, are all also available as stand-alone online resources for use alongside the print book.


1 Introduction and fundamental themes
2 Objectivity in contract law
3 Offer and Acceptance: bilateral contracts
4 Offer and Acceptance: unilateral contracts
5 Contract as an agreement
6 Identity of offeror and offeree
7 Consideration and promissory estoppel
8 Intention to create legal relations
9 Contracts requiring writing
10 Third parties
11 Identifying the terms of a contract
12 Interpretation
13 Implication
14 Rectification
15 Exclusion clauses and unfair terms
16 Misrepresentation
17 Duress
18 Undue influence
19 Unconscionable bargains and inequality of bargaining power
20 Good faith
21 Capacity
22 Illegality and restraint of trade
23 Common mistake: contracts void for failure of a basic contractual assumption
24 Frustration: contracts discharged for failure of a basic contractual assumption
25 Conditions, warranties, and innominate terms
26 Anticipatory breach of contract
27 Compensatory damages
28 Agreed remedies
29 Remedies beyond compensatory damages


Paul S. Davies is Professor of Commercial Law at UCL, teaching at both undergraduate and postgraduate level. Paul was previously an Associate Professor in Law at the University of Oxford, and Fellow and Tutor in Law at St Catherine's College, Oxford. His book Accessory Liability (Hart Studies in Private Law: Hart Publishing, 2015) won the Inner Temple Book Prize in 2018, and in 2015 was awarded a Peter Birks Prize for Outstanding Legal Scholarship awarded by the Society of Legal Scholars. Paul is also a Barrister of Lincoln's Inn and a Member of Essex Court Chambers.