LEADER 06829nam 22007091c 450 001 9910785113003321 005 20200115203623.0 010 $a1-84731-749-9 010 $a1-4725-6073-6 010 $a1-282-80652-1 010 $a9786612806520 010 $a1-84731-578-X 024 7 $a10.5040/9781472560735 035 $a(CKB)2670000000047143 035 $a(EBL)588773 035 $a(OCoLC)670411626 035 $a(SSID)ssj0000414870 035 $a(PQKBManifestationID)12190401 035 $a(PQKBTitleCode)TC0000414870 035 $a(PQKBWorkID)10409642 035 $a(PQKB)11658741 035 $a(MiAaPQ)EBC1772818 035 $a(MiAaPQ)EBC588773 035 $a(Au-PeEL)EBL1772818 035 $a(CaPaEBR)ebr10421865 035 $a(CaONFJC)MIL280652 035 $a(OCoLC)670430103 035 $a(UtOrBLW)bpp09256082 035 $a(MiAaPQ)EBC6164364 035 $a(Au-PeEL)EBL588773 035 $a(EXLCZ)992670000000047143 100 $a20140929d2010 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aContract as assumption $eessays on a theme $fby Brian Coote ; edited and with a preface by Rick Bigwood 205 $a1st ed. 210 1$aOxford $aPortland, Oregon $cHart Publishing $d2010. 215 $a1 online resource (246 p.) 300 $aIncludes Index. 311 $a1-84946-029-9 320 $aIncludes bibliographical references and index 327 $gIntroduction --$tThe essence of contract --$tConsideration and benefit in fact and law --$tConsideration and the variation of contracts : a different solution --$tConsideration and the joint promisee --$tThe function of exception clauses --$tThe second rise and fall of fundamental breach --$tContract damages, Ruxley, and the performance interest --$tThe performance interest, Panatown, and the problem of loss --$tContract not trust : some questions about the Contracts (Rights of Third Parties) Act from another perspective --$tAssumption of responsibility and pure economic loss in New Zealand 327 $a1. Introduction -- 2. The Essence of Contract -- Introduction -- Textbook Definitions -- Contract Theories -- The Secret Paradox -- The Failure of Traditional Contract Theories -- The Reaction Against Classical Concepts of Contract -- The Need for a More Inclusive Theory -- A Suggested Solution to the 'Secret Paradox' -- The Essence of a Contract -- Some Consequences -- The Contemporary Near-Contracts -- Conclusion -- 3. Consideration and Benefit in Fact and in Law -- The Facts -- The Judgment -- The Meaning of the Decision -- An Explanation for the Decision -- Bilateral Contracts -- Unilateral Contracts -- Conclusion -- 4. Consideration and the Variation of Contracts: A Different Solution -- 5. Consideration and the Joint Promisee -- The Arguments for the Joint Promisee Principle -- Two Fallacies -- Joint Promisee as Promisor -- Unilateral Contracts -- Conclusion -- Addendum -- 6. The Function of Exception Clauses -- The Current Approach -- Are Exception Clauses Substantive or Procedural In Their Effect? -- Can the Parties to a Contract Create Rights Intended by Them to be Unenforceable? -- A Different Approach Suggested -- A Suggested Classification of Exception Clauses -- The Interpretation of Exception Clauses In Relation to Their Function -- Some Special Consequences of the Exception Form -- Conclusions -- Addendum -- 7. The Second Rise and Fall of Fundamental Breach -- Discharge for Breach and Deviation Distinguished -- The Function of Exception Clauses -- The Suisse Atlantique Case -- The Second Version of Fundamental Breach -- The Securicor Case -- The Significance of Securicor for the Future -- Conclusion -- 8. Contract Damages, Ruxley, and the Performance Interest -- The Ruxley case -- A Basic Ambiguity in Contract Damages -- Damages as Protection of the Performance Interest -- Other Protections of the Performance Interest -- Extending the Potential Inclusiveness of Performance Protection -- The Compensation Principle -- Reinstatement and Repair: Building Contracts -- Difference in Value in Building Cases -- Three Questions -- The Place of General Damages -- Summary and Conclusions -- Addendum: Two Recent Cases -- 9. The Performance Interest, Panatown, and the Problem of Loss -- The Arguments -- The Problem of Characterisation -- The Narrow Ground -- The Albazero Exception -- The Broad Ground -- Who Suffered the Loss? -- The Position Where Both Have Suffered Loss -- Conclusion -- 10. Contract not Trust: Some Questions About the Contracts (Rights of Third Parties) Act from Another Perspective -- Contract or Not? -- A New Form of Contract? -- The Availability of Equitable Remedies -- Failure of Consideration -- Defences Available to the Promisee -- Conclusion -- 11. Assumption of Responsibility and Pure Economic Loss in New Zealand -- Assumption of Legal Liability in Tort -- Assumption of Non-Tort Obligation -- Assumption of a Task -- Conclusion 330 8 $aIt has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory 606 $aContracts$xPhilosophy 606 $2Contract law 606 $aObligations (Law) 615 0$aContracts$xPhilosophy. 615 0$aObligations (Law) 676 $a346.02 700 $aCoote$b Brian$01499575 702 $aBigwood$b Rick 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910785113003321 996 $aContract as assumption$93725702 997 $aUNINA