Furmston and Tolhurst on Contract Formation: Law and Practice 3e

This book provides a comprehensive analysis of the legal principles governing contract formation in English law, offering a guide to practitioners for drafting and litigating contracts. It covers classical rules, difficult areas such as certainty and good faith, modern contracting methods, and significant court decisions. The authors draw upon decisions in other jurisdictions to inform the development of principles in English law.

Format: Hardback
Length: 528 pages
Publication date: 28 March 2023
Publisher: Oxford University Press

This new and revised edition presents a comprehensive and pragmatic examination of the legal principles that govern the formation of contracts in English law. It serves as a valuable guide for individuals involved in litigation and contract drafting, providing insights into the practical application of these principles in real-world scenarios. The book offers a thorough review of classical rules governing contract formation, encompassing intricate areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, online contracting, and the interpretation of conduct and silence in contract formation. Additionally, it delves into the efficacy, challenges, and rules surrounding modern contracting, particularly the use of heads of agreement, letters of intent, letters of comfort, and methods for resolving contract disputes.

To ensure its relevance and accuracy, this latest edition has been thoroughly updated to reflect significant court decisions, including Devani v. Wells [2019], which addressed the use of implied terms to overcome uncertainties and incompleteness, and Crown Melbourne Ltd. v. Cosmopolitan Hotel (Vic) Pty Ltd [2016], which examined the interplay between issues of contract formation and legal or factual considerations.

While this work primarily draws upon English law, the authors have also referenced decisions from other jurisdictions, such as Australia, Canada, the United States, Singapore, and New Zealand, to inform the development of principles in English law. This interdisciplinary approach ensures a broader understanding of contract formation principles and their application across different legal systems.

In conclusion, this new and updated edition of Contracts: Formation, Interpretation, and Enforcement is a indispensable resource for legal professionals, students, and anyone seeking to understand the complex dynamics of contract formation in English law. It provides a scholarly and practical analysis of the legal principles, offering valuable guidance for navigating the complexities of contract disputes and drafting effective contracts.

Weight: 1040g
Dimension: 178 x 255 x 35 (mm)
ISBN-13: 9780192868084
Edition number: 3 Revised edition