Defences in Contract

Foreword
Preface
Contents
List of Contributors
Table of Cases
Table of Legislation
Table of Statutory Instruments and Rules
Table of Restatements
Table of Conventions
1
	Thinking in Terms of Contract Defences
		I. INTRODUCTION
		II. ARE THERE DEFENCES IN CONTRACT?
		III. THE PUZZLE OF CONTRACT DEFENCES
		IV. SHOULD CONTRACT LAWYERS THINK IN TERMS OF DEFENCES?
		V. CONCLUSION
2
	What Is a Contractual Defence (and Does It Matter)?
		I. INTRODUCTION
		II. INSIGHTS FROM LEGAL HISTORY
		III. THE ANALYTICAL QUESTION
		IV. CONCLUSION
3
	Good Faith Bargaining in the Shadow of a Form
		I. INTRODUCTION
		II. THE PROBLEM OF THE FORM IN ITSELF
		III. BEGUILED BY FORM
		IV. BARGAINING IN THE SHADOW OF A FORM
		V. DEFENCES REVISITED
4
	Good Faith, Good Conscience, and the Taking of Unfair Advantage
		I. INTRODUCTION
		II. FRAUD
		III. FORFEITURES
		IV. PENALTIES
		V. PERSONS BORROWING ON THE EXPECTATION OF FUTURE OWNERSHIP OF PROPERTY
		VI. UNDUE INFLUENCE
		VII. UNFAIR TRANSACTIONS
		VIII. RELATION OF JUDICIAL DEVELOPMENT TO LEGISLATION
		IX. GOOD CONSCIENCE
		X. THE ÇUKUROVA CASE
		XI. GOOD FAITH
		XII. CONCLUSION
5
	Undue Influence and Unconscionability
		I. UNDUE INFLUENCE
		II. UNCONSCIONABILITY
		III. CONCLUSION
6
	Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment?
		I. FOAKES V BEER
		II. WHAT SHAPE SHOULD ANY LEGISLATIVE REFORM TAKE?
		III. THE COURTS HAVE SOUGHT TO DEVELOP THE LAW IN WAYS THAT MITIGATE THE EFFECT OF FOAKES v BEER
		IV. WILLIAMS V ROFFEY: THE COURT OF APPEAL HOLDS THAT PRACTICAL BENEFIT TO THE CREDITOR IS GOOD CONSIDERATION
		V. RE SELECTMOVE LTD: THE COURT OF APPEAL HOLDS THAT ROFFEY REASONING DOES NOT APPLY TO DEBT RESCHEDULING
		VI. MWB V ROCK: THE COURT OF APPEAL DISTINGUISHES SELECTMOVE WHERE ADDITIONAL PRACTICAL BENEFIT IS FOUND
		VII. CONCLUSION
7
	Not Waiving but Drowning
		I. THE CLAIMS
		II. TERMINOLOGY
		III. OTHER USES OF "WAIVER"
		IV. IS IT A DEFENCE?
		V. EVIDENTIAL ESTOPPEL (OR ESTOPPEL BY REPRESENTATION)
		VI. EQUITABLE ESTOPPEL
		VII. PROPRIETARY ESTOPPEL
		VIII. CONSTRUCTIVE TRUSTS
		IX. UNJUST ENRICHMENT
		X. PROPRIETARY ESTOPPEL AND CONTRACT
		XI. WHAT TO DO?
8
	Frustration: Automatic Discharge of Both Parties?
		I. INTRODUCTION
		II. TAYLOR V CALDWELL
		III. HIRJI MULJI V CHEONG YUE STEAMSHIP CO LTD
		IV. SUBSEQUENT DEVELOPMENTS
		V. EVALUATION
		VI. INTERNATIONAL RE-STATEMENTS
		VII. CONCLUSION
9
	Resisting Termination: Some Comparative Observations
		I. INTRODUCTION
		II. RESISTING TERMINATION IN ENGLISH LAW
		III. RESISTING TERMINATION IN FRENCH LAW
		IV. DEFENCES TO TERMINATION: COMPARATIVE REMARKS
		V. CONCLUSION
10
	The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility
		I. INTRODUCTION
		II. THE RELATIONSHIP BETWEEN REMOTENESS AND THE COMPENSATORY PRINCIPLE
		III. THE AUTHORITIES: EXTERNAL RULE OR IMPLIED EXCLUSION?
		IV. IMPLIED EXCLUSION OR IMPLIED ASSUMPTION?
		V. CONCLUSION
11
	Contributory Negligence and Strict Contractual Obligations Revisited
		I. INTRODUCTION
		II. OBJECTION OF PRINCIPLE: THAT ASSUMING RESPONSIBILITY FOR THE CLAIMANT"S FAULT IS INHERENT IN A STRICT CONTRACTUAL OBLIGATION
		III. OBJECTION OF POLICY-UNCERTAINTY AND COMPLEXITY
		IV. CONCLUSION
12
	The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy
		GERARD McMEEL
		I. PUBLIC POLICY INTERVENTIONS IN GENERAL CONTRACT LAW
		II. PUBLIC POLICY INTERVENTIONS IN THE FINANCIAL SERVICES CONTEXT
		III. THE RISE AND RISE OF CONTRACTUAL ESTOPPEL
		IV. THE CRITIQUE
		V. CONCLUSION AND LESSONS
13
	Illegality: Where Are We Now?
		I. INTRODUCTION
		II. ORIGINS
		III. POLICY
		IV. TANGLE
		V. RECENT SUPREME COURT CASES
		VI. THE COURT OF APPEAL
		VII. WHERE NOW?
Author Index
Index