Some Landmarks of Twentieth Century Contract Law [Hardcover]

This book contains a slightly expanded version of the Clarendon Lectures in Law given in Oxford in 2001. It deals with major contributions made by the English Courts in the Twentieth Century to three important areas of English contract law. The first is the variation of contracts by subsequent agreement, where developments in the doctrines of consideration and estoppel are discussed. The second is the battle over privacy of contract, and the third is the development of different types of contractual terms.

1. Introduction
2. Agreements to vary contracts
1. Introduction
2. Increasing pacts (i) Consideration, public policy and duress (ii) Three party and public duty cases (iii) Williams v. Roffey Brothers (a) Facts and Results (b) Relation to earlier cases
3. Decreasing pacts (i) Consideration and duress (ii) Foukes v Beer: protection of creditors (iii) The High Trees case (a) Facts and decision (b) Conflict with protective function (c) The 'estoppel' analogue (d) Cause of action? (e) Differences between kinds of estoppel
4. Cross-overs (i) High Trees and increasing pacts (ii) Williams v Roffey and decreasing pacts
3. The Battle over Privity
1. The starting point
2. The trust exception
3. Early attacks on the doctrines
4. Third parties claiming the benefit of exemption clauses (a) Vicarious immunity and bailment on terms (b) Rejection of vicarious immunity: the Midland Silicones case (c) Ways round privity: Himalaya Clause (d) Ways round privity: other drafting devices
5. Binding third parties by exemption clauses (a) The general rule (b) Ways round the general rule (i) Supplied contract (ii) Sub-bailment on terms
6. Beswick v Beswick (a) The facts and results (b) Ways round privity (c) Tort liability? (d) Damages in respect of third party's loss (e) Law of Property Aló8