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Clerk & Lindsell on Torts
Clerk & Lindsell on Torts
22nd Edition, 1st Supplement
Series:  Common Law Library
Practice Area:  Tort
ISBN:  9780414069985
Published by:  Sweet & Maxwell
Publication Date:  30 Nov 2018
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law. The work is in two volumes: Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. (Volume One of the work is available as a standalone for those who need coverage of the general principles of contract law only).


Introductory; PART ONE 1 Introduction;

PART TWO FORMATION OF CONTRACT; 2 The Agreement; 3 Mistake as to the terms or as to identity; 4 Consideration; 5 Form; 6 Common Mistake; 7 Misrepresentation; 8 Duress and Undue Influence;

PART THREE CAPACITY  OF PARTIES; 9 Personal Incapacity;10 Corporations and Unincorporated Associations; 11 The Crown, Public Authorities and the European Community; 12 Political and Professional Immunity and Incapacity; 

PART FOUR THE TERMS OF THE CONTRACT; 13 Express Terms; 14 Implied Terms; 15 Exemption Clauses; 

PART FIVE  ILLEGALITY AND PUBLIC POLICY; 16 Illegality and Public Policy;

PART SIX JOINT OBLIGATIONS, THIRD PARTIES AND ASSIGNMENT; 17 Joint Obligations; 18 Third Parties; 19 Assignment; 20 Death and Bankruptcy;

PART SEVEN PERFORMANCE AND DISCHARGE; 21 Performance; 22 Discharge by Agreement; 23 Discharge by Frustration; 24 Discharge by Breach; 25 Other modes of discharge;

PART EIGHT REMEDIES FOR BREACH OF CONTRACT; 26 Damages; 27 Specific Performance and Injunction; 28 Limitation of Actions;

PART NINE RESTITUTION; 29 Restitution PART TEN CONFLICT OF LAWS; 30 Conflict of Laws; VOLUME II; 31 Agency; 32 Arbitration; 33 Bailment; 34 Bills of Exchange and Banking; 35 Carriage by Air; 36 Carriage by Land; 37 Construction Contracts; 38 Consumer contracts; 39 Credit and Security; 40 Employment; 41 Gambling contracts; 42 Insurance; 43 Restrictive Agreements and Competition; 44 Sale of Goods; 45 Suretyship


Provides coverage of all relevant legislation and a huge depth of case reference;

  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition

Key new case law and legislation covered in Chitty 33

  • Impact of Human Rights Act 1998: McDonald v McDonald (SC)

  • Oral agreements for sale of land: Dowding v Matchmove Ltd (CA)   

  • Fraud: Hayward v Zurich Insurance Co plc (SC)

  • 'No reliance' clauses: First Tower Trustees Ltd v CDS (Superstores International) Ltd (CA)

  • Interpretation: Wood v Capita Insurance Services Ltd (SC)

  • Implied terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd (SC)

  • 'No oral variations' clause; part payment of debt: MWB Business Exchange Centres Ltd v Rock Advertising Ltd (SC)

  • Acts of State: Mohammed v Ministry of Defence,  Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs and Belhaj v Straw (SC)

  • Illegality: Patel v Mirza (SC)

  • Damages for third party's loss: Swynson Ltd v Lowick Rose LLP (SC)

  • Assignment : - set-off: Bibby Factors Northwest Ltd v HFD Ltd (CA); - prohibitions on assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018 (draft)
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