Professor Katy Barnett provides authoritative and practical guidance on the nature, extent, and limitations of damages individuals and companies can claim in the event of breach of contract.

Clearly setting out what the law is, this new title is written with practitioners in mind. It will also be of real value to students and academics as it considers some of the theoretical debates surrounding this topic.

The book is divided into three parts and each chapter within those parts offers a clear structure and summary of key issues courts and parties should consider:

I. Consequences of breach of contract

II. Attribution of Responsibility:

III. Limitation and Exclusion of Liability

In addition, a number of topics of interest to practitioners are addressed:

WHAT'S NEW: This new edition has been fully updated to take account of important case law developments. See in particular:

Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute.

Key features:

• Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.
• Examines unlawful, void, and ineffective exclusion clauses.
• Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid, and effective.
• Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts.
• Provides a wholesale review of the recent case law.
• Analyses the courts' interpretation of the meaning of "written standard terms" under the Unfair Contract Terms Act.
• Discusses how the courts are adjusting the process of construing exclusion clauses to harmonise this topic with the general principles of interpreting written contracts.

New to this edition:

• Sixty new cases have been added.
• The Digital Markets, Competition and Consumers Act 2024 and its impact (on the latter see Ch. 11). This is a rapidly evolving field of contract law.
• A chapter on force majeure clauses has been added (Ch. 8).
• Treatment of the topic of unfair consumer clauses has been consolidated in a single chapter (Ch. 11).
• The principles of construction are examined in chapter three under two headings: general principles, which are common to all types of written contracts and clauses, and those principles which are "special" (see section 2 of chapter three), in the sense that they have been traditionally rooted in the Common Law's attempt to temper the excesses of contractual draftsmen, or at least to lean in favour of the innocent party when confronted by an exclusion clause which lacks perfect clarity.

Treitel on the Law of Contract is recognised as the most thorough and discerning treatment of contract law. It is a widely adopted textbook for students and a valuable source of reference for practitioners. This new edition provides a clear and detailed analysis of an increasingly complex area of law.

• Examines, and offers resolutions to, controversial and problematic points of law
• Takes account of a number of cases in the Supreme Court including Pakistan International Airline Corporation v Times Travel (UK) Ltd (duress), Barton v Morris (implied terms, restitution), Triple Point Technology Inc v PTT Public Co Ltd (limitation of liability), Guest v Guest (proprietary estoppel)
• Also covers important developments in the Court of Appeal including King Crude Carriers SA v Ridgebury November LLC (doctrine of fictional fulfilment), Quantum Actuarial LLP v Quantum Advisory Ltd (restraint of trade), SK Shipping Europe Plc v Capital VLCC 3 Corp (misrepresentation)
• Anticipates the coming into force of the Digital Markets, Competition and Consumers Act 2024

Treitel remains the most coherent, comprehensive and compelling analysis of contract law on the market.

Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods, not just in the UK but also internationally, Benjamin's Sale of Goods has firmly established itself as the premier publication on the topic. First published in 1868 and frequently cited in court, its depth and coverage make Benjamin an essential reference tool and a must-have purchase for commercial practitioners, academics and barristers. Part of the Common Law Library, this new 12th edition of Benjamin's Sale of Goods is now presented in two volumes and content highlights include the following: Covers the needs of practitioners interested in all areas of sale of goods case law Includes clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations Sets out the nature and formation of the contract of sale Includes discussion of unfair contract terms in commercial and consumer sales Details the remedies available when disputes arise Explains the implications of E-Commerce, including electronic contracts and payments Examines the law on Letters of Credit Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999 Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection Provides authoritative discussion on conflict of laws Examines the international scope of the subject, with chapters on overseas sales Takes you through the laws relating to consumer protection New to the 12th edition: Extensive coverage of post-Brexit legislation, principally the Retained EU Law (Revocation and Reform) Act 2023 Electronic Trade Documents Act 2023 International Standard Demand Guarantee Practice (ISDGP) Report of the Law Commission, Consumer Sales Contracts: Transfer of Ownership (No.398) Digital Markets, Competition and Consumers Bill 2023 Incorporates new case law in all areas This first supplement to the twelfth edition of Benjamin’s Sale of Goods brings the main work up to date with the latest developments. The key new case law and legislation covered in this supplement includes: King Crude Carriers SA v Ridgebury November LLC [2024] EWCA Civ 17 (deemed performance of conditions precedent; deposits) RTI Ltd v MUR Shipping BV [2024] UKSC 18 (force majeure clauses and “reasonable endeavours”) Sharp Corp Ltd v Viterra BV [2024] UKSC 14 (market damages and mitigation; C and F Free Out contracts) Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc [2024] SCC 20, Can (description and exemption clauses) Last Bus Ltd v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ 1297 (exemption clauses) Primeo Fund v Bank of Bermuda (Cayman) Ltd [2023] UKPC 40 (contributory negligence) Banco Intesa Sanpaolo SA v Comune di Venezia [2023] EWCA Civ 1482 (restitution and applicable law) Lipton v BA City Flyer Ltd [2024] UKSC 24 (interpretation of retained EU law) Brexit developments on retained and assimilated EU law Digital Markets, Competition and Consumers Act 2024

Carver on Charterparties, in conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties, 3rd edition, builds upon the thematic synthesis and analysis in this fundamental area of shipping law. Explains charterparties, their nature and characteristics Covers the parties, formation and interpretation of the charterparty as a contract Describes how charterparties apply to the vessel, the cargo and the voyage Discusses cargo claims Examines demise, time and voyage charterparties Addresses laytime and demurrage Analyses discharge by frustration and breach Covers damages and other remedies The third edition covers a number of major cases since the second edition, including: Unicredit Bank AG v Euronav NV (The Sienna) [2023] EWCA Civ 471 (relationship between charterparties and bills of lading) Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (seaworthiness; vessel passage plan; whether seaworthiness confined to vessel attributes; relationship between seaworthiness and navigation) Gravelor Shipping Ltd v GTLK Asia M5 Ltd [2023] EWHC 131 (Comm) (arrangements for purchase of ship under demise charterparty) SK Shipping PLC v Capital VLCC 3 Corp (The C Challenger) [2020] EWHC 3448 (Comm); [2022] EWCA Civ 231 (fitness for service; shipowner’s consent to deduction from hire; election and reservation of rights; nature of speed and consumption warranties; Shelltime 4 maintenance clause) Eastern Pacific Chartering Inc v Pola Maritime Ltd (The Divinegate) [2022] EWHC 2095 (Comm) (calculating underperformance in speed and consumption warranties) Herculito Maritime Ltd v Gunvor International BC (The Polar) [2024] UKSC 2 (whether insurance rights exclude normal recourse rights) K Line Pte v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 (whether damages recoverable in addition to demurrage or deadfreight)

This title provides you with all the guidance you need on the law governing the voluntary assignment of things in action. It covers the nature of assignment, equitable assignments, restrictions, priorities, liabilities, conflict of law and more. The commentary is clear and concise and follows the approach of titles such as Chitty on Contracts – enabling you to find a statement of law and, for each issue or topic, the authority that supports it. Defines assignment before outlining and giving examples of choses in action, detailing the requirements for assignment and looking at the relationship of assignment and other transactions. Examines the law of assignment under section 136 of the Law of Property Act 1925. Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose. Deals with restrictions on assignment and covers contractual terms forbidding assignment, prohibition by statute or public policy and personal contracts and covenants. Discusses the position of creditors, trustees in bankruptcy and personal representatives of the assignor and the liquidator of an assignor company. Analyses the problems associated with priorities including those between competing assignees, competing holders of interests in shares and an assignee and a chargee under a charge created by a company. Considers special priority rules and variation of priorities. Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer. Reviews available financing devices, factoring, block discounts and securitisation. Looks at situations where there is assignment of obligations or liabilities. The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment. Other new features of this edition include: Additional new commentary on the redaction of documents relied on in court; the effects of backdating an assignment; the doctrine of relation on the assignee’s interest before the chose is assigned; whether termination of a contract affects a non-assignment clause; and priority between beneficiary under a trust and assignee of the trustee. Expanded commentary on relief by way of interpleader; agreements to assign an existing chose in the future; form of writing for equitable assignments of equitable choses; prohibitions on assignment; marshalling; abatement; and equitable set-off.

Formation and Variation of Contracts deals with topics fundamental to the question of enforceability of promises made and how contracting parties can ensure their transactions are legally effective. FEATURES: Draws together in single volume key issues relating to the formation and variation of contracts, focusing on the rules for their existence and validity Brings together topics which are of fundamental importance to practitioners advising on the negotiation or validity of contracts, but on which there is no up-to-date specialist work Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems Highlights areas of contract law where there is likely to be significant debate about possible development in the coming years Provides a perspective on the rules for the formation of contracts from an international and comparative dimension NEW TO THIS EDITION: Professor Cartwright considers all relevant recent developments, including: the developing case law on duties of good faith in negotiation or renegotiation of contracts, noting particularly recent decisions through which the English courts may be becoming more open to giving effect to an express obligation to negotiate or renegotiate in good faith, whilst not accepting a general implied duty to negotiate or renegotiate in good faith; cases on the scope of a claim in unjust enrichment where the negotiations for a contract break down, intention to create legal relations, certainty of agreement, formation of the contract following a “battle of forms” between the parties negotiating a contract, establishing the parties’ agreement to the variation (including by novation) of an existing contract, and applying the doctrine of consideration; the continuing discussion about the role of emerging technologies in the formation of contracts, including recent work by the Law Commission and other agencies on smart legal contracts; cases on the interpretation and application of statutory formality requirements for contracts and deeds, and the use of doctrines of estoppel and constructive trust to give effect to transactions which fail to comply with formality requirements; the continuing reception (both positive and negative) by case law and commentators in England and in other common law jurisdictions of the decision of the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2018) in relation to the binding force of “no oral modification” clauses; the significance for topics discussed in the book of the withdrawal of the United Kingdom from the European Union; this includes changes made to the EU law retained within English law after the end of the EU withdrawal agreement implementation period, and the impact of the Retained EU Law (Revocation and Reform) Act 2023 and other legislation, already passed or currently in progress or planned, to remove legislative provisions which derive from EU law.

First published in 1886, Scrutton has provided a first port of call for research when drafting contracts or dealing with disputes for generations. The book is the leading analysis of general principles in the fields of time charters, voyage charters and demise charters. It covers charterparties role as a key form of commercial contract, from the initial construction of the contract, through the rights and liabilities it confers, terms, agency and performance. Included in the 25th edition are the following updates: New section added to Chapter 1 covering the Electronic Trade Documents Act 2023 Updated coverage of recent Supreme Court decisions concerning: o The law of economic duress in Times Travel UK Limited v Pakistan International Airlines Corp [2021] UKSC 40 o The statement of the law of illegality as it relates to contracts in Stoffel & Co v Grondona [2020] UKSC 42 Also included is coverage of all key cases, including the Court of Appeal decisions in: the limits of contractual obligations to overcome the effects of force majeure in MUR Shipping BV v RTI Limited [2022] EWCA Civ 1406); the different types of contractual “subjects” and their effects (DHL Product and Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555); and the law relating to implied representations and affirmation (SK Shipping Europe Ltd v Capital VLCC 3 Corp [2022] EWCA Civ 231)

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract law academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available. Main features: Part 1 covers rescission: general principles; possible grounds for (including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty); bars to; and consequences of rescission are fully considered. Part 2 introduces the different types of breach and the terminology that governs them and explains strict and non-strict obligations. Part 3 deals with discharge by impossibility, illegality or frustration. Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action, going on to cover damages, and then dealing in detail with specific enforcement. It covers the structure of the law of damages, laying out the measures of award. In addition, it explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation. There is also a chapter dedicated to agreed damages. New to the 4th edition: The law of contract and contract remedies has evolved significantly since the last 2020 edition. Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book have been considered and analysed. See in particular: Part 1 (Rescission) Nature Resorts Ltd v First Citizens Bank Ltd [2022] UKPC 10 on undue influence Moses v Moses [2022] UKPC 42 on rights of third parties Times Travel (UK) Ltd v Pakistan International Airlines Corp [2021] UKSC 40 AND The Debenture Trust Corp plc v Ukraine [2023] UKSC 1 on duress Part 2 (Breach and Performance) Cases of note on renunciation; repudiation; identifying conditions; innominate terms; the process of terminating for breach; and the entire obligation rule are included. Part 3 (Frustration) On force majeure clauses: Delta Petroleum v British Virgin Islands Electricity [2020] UKPC 23; Mur Shipping v RTI [2022] EWCA Civ 1406 On the doctrine of frustration: Dayah v Bushloe Street Surgery [2020] EWHC 1375 (QB), Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022] EWCA Civ 1021 Part 4 (Remedies) Interesting developments on damages for late payment of debts (Sagicor Jamaica v Seaton [2022] UKPC 48); On the relation between recoverable financial loss and the insolvency laws (Stanford International v HSBC [2022] UKSC 34); and On the remedies for failure to pay cryptocurrencies like Ether or Bitcoin.

The Fundamentals series introduces students to the principles of the law by way of clear text combined with visual aids, tools and diagrams to enable an easy understanding of the subject without sacrificing the detail that is required for proper comprehension. Each title assumes no level of prior knowledge, allowing the book to be used for those new to the subject and for distance learning. Contract Law – The Fundamentals presents a clear and detailed explanation of the area, with features that aid comprehension and understanding, providing an excellent grounding in the subject and a solid basis for the study of law.

This publication is an invaluable repository of revenue source materials which will be welcomed by tax practitioners. Covering the entire breadth of Malaysian revenue law, it is a comprehensive source of information needed by tax professionals. The looseleaf format of this publication ensures that it can be regularly updated to bring to readers new information in the dynamic field of revenue law. Arjunan on Malaysian Revenue Laws will be updated twice annually and supplemented with an annual Budget Commentary.

Chitty on Contracts: Hong Kong Specific Contracts is an extremely well-respected title and a vital reference tool for anyone engaged with contract law in Hong Kong. The seventh edition is published in two volumes, reflecting the breadth and depth of coverage. 

Highlights in the seventh edition include: 

• The Hong Kong Chitty Chapters have been brought up-to-date and refreshed in some instances with new members joining the Hong Kong Chitty team.
• In particular, substantial updates have been made to the chapters on Agency, Insurance, Mediation, Suretyship and Guarantees, and Undue Influence and Duress to take into account recent developments in, and to expand their coverage on, these important areas.
• A number of chapters, including those on Carriage by Air, Conflict of Laws, Construction Contracts, Employment, Information Technology, Sale of Goods and Services and Landlord and Tenant, have also been updated in light of certain newly enacted or amended statutes and/or recently introduced regulations in addition to various recent cases having an impact on the relevant legal principles.

 

Built on the wealth of practical, commercial and legal experience accumulated by the authors, the 2nd supplement to the 14th edition Hudson’s Building and Engineering Contracts provides a comprehensive update on the law and interpretation of construction contracts. Updates dealt with in this supplement include: Coverage of the enaction of the Building Safety Act 2022 The Supreme Court decisions in: Times Travel (UK) Ltd v Pakistan International Airlines Corporation Limited [2021] UKSC 40 Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 65 Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC1 And the Court of Appeal decision in Abbey Healthcare (Mill Hil) Ltd v Simply Construct (UK) Ltd [2022] EWCA 82

Carver on Bills of Lading offers exhaustive coverage of the nature and uses of bills of lading and associated documents in commercial transactions, negotiations and disputes. Written by two of the foremost commentators on this area of law, the work contains a commentary on the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules in addition to coverage of the most important recent cases. The title is part of the British Shipping Laws Library. Key features: Offers an in-depth analysis of the use and operation of bills of lading and related documents (such as sea waybills and delivery orders) Discusses the nature of a bill of lading, both as a receipt and as a contractual document Explains the roles of each party to the bill of lading contract Covers the contractual effects that follow a transfer of a bill of lading Examines bills of lading as documents of title Explains how and when third parties can be affected by bills of lading Analyses the Hague and Hague-Visby Rules for the international carriage of goods by sea in detail Offers commentary on the Rotterdam Rules Includes a new chapter on the Hamburg Rules Since the fourth edition, a number of key cases and developments have been covered, including: The Thor Commander [2018] FCA 1326; [2019] 1 Lloyd’s Rep 167 (whether bill of lading or charterparty contract) The Polar [2021] EWCA Civ 1828 (incorporation of charterparty terms into bills of lading) The Joker [2019] EWHC 3541 (Comm); [2021] 1 Lloyd’s Rep 169 (conformity between charterparty and bill of lading dispute resolution terms) The Luna [2022] 1 Lloyd’s Rep. 216 (actual effect of document described as bill of lading) The Yue You 902 [2019] 2 Lloyd's Rep 617 (whether bill of lading spent) The Baltic Strait [2018] EWHC 629 (Comm) (relationship between the Carriage of Goods by Sea Act 1992 and charterparty bills of lading) Glencore International AG v MSC Mediterranean Shipping Co SA [2017] EWCA Civ 365 (use of PIN codes to obtain delivery) Law Commission Report on Electronic Trade Documents (2022) Volcafe Ltd v Cia Sud Americana de Vapores SA [2018] UKSC 61; [2019] A.C. 358 (burden of proof in cargo damage cases; meaning of “inherent vice”) Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (unseaworthiness; defective passage plan) The Aqasia [2018] EWCA Civ 276 (package or unit limitation) The Maersk Tangier [2018] EWCA Civ 778 (package or unit limitation) The Lady M [2019] EWCA Civ 388 (barratry) The Tai Prize [2021] EWCA Civ 87 (apparent order and condition) The Alhani [2018] EWHC 1495 (application of the Hague Rules time bar to misdelivery)

• Assistant Professor of Law at the University of Hong Kong, teaches primarily in the area of Contract Law on both the JD and LLB programmes
• Has written extensively on contract law

• Explains the underlying principles of contract law
• Elucidates some of the more intricate aspects of contract law

• Provides a clear and comprehensive account of the modern law of contract, written in the context of Hong Kong setting
• High relevance to Hong Kong’s contract law practice