Chapter
The Business Names Register
The Difference between Partnerships and Co-Ownership
Unincorporated Associations
How Partnerships Come into Existence
The Relationship between Partners
The Relationship between Partners and the Outside World
The Dissolution of Partnerships
The Implied Warranty of Authority
The Undisclosed Principal
BOOK II: CONTRACTUAL OBLIGATIONS
CHAPTER 4. THE NATURE OF CONTRACTUAL OBLIGATIONS
The Consensus ad idem Theory
Contractual Obligations by the Objective Test
Standard Contracts that are Signed
Unsigned Common Form Documents
Unilateral and Synallagmatic Contracts
A Definition of a Contract
The Difference between Contracts and Torts
The Difference between Contractual Obligations and Trusts
Quasi-contractual Obligations
CHAPTER 5. HOW THE LAW ENFORCES CONTRACTUAL OBLIGATION
The Different Kinds of Damages
The Principles on which Damages are Assessed
The breach of contract must have caused the loss, and not merely have been the occasion for it, before damages can be awarded
There is a duty on the innocent party to mitigate or minimise his loss
But the duty to mitigate only arises when there has been a breach of contract
Damages are not recoverable if they are not reasonably foreseeable at the time when the contract was made
Damages for Non-delivery or Non-acceptance of Goods
Damages Fixed by the Terms of the Contract
How to Distinguish Liquidated Damages from Penalties
The Equitable Remedy of Specific Performance
Specific performance will only be ordered where damages are an inadequate remedy
But specific performance will never be awarded:
Specific performance may be refused:
Injunctions—Prohibitive and Mandatory
CHAPTER 6. PROMISES THE LAW WILL NOT ENFORCE
No Agreement to Make an Agreement
Absence of Contractual Intent
Statutory Undertakings and Contractual Intent
Parol Promises without Consideration
Consideration may be executed or executory but it must not be past
Consideration need not be adequate but must be of value in the eyes of the law
Forbearance to sue is Valuable Consideration
Consideration and the Performance of Existing Duties
Consideration and Existing Moral Duty
Consideration and Existing Legal Duties
Consideration and Contractual Obligations to Third Parties
Consideration and Contractual Obligations to the Promisor
Consideration and the Release of Debts
Common Law Exceptions to the Rule in Pinnel's Case
Promissory or Equitable Estoppel
Consideration Must Move From the Promisee
The 'Privity of Contract'
No person can have obligations imposed on him by a contract to which he is not a party
Exceptions to the 'Privity of Contract' Doctrine
Does the Law need the Doctrine of Consideration?
CHAPTER 7. PROMISES THE LAW WILL NOT ENFORCE: FOR WANT OF CAPACITY
Corporations and their Contracts
The Contractual Capacity of Drunks, the Insane and Married Women
Contracts on which Minors are Liable
Contracts not Binding on Minors
A minor cannot be held liable on a contract by bringing an action against him in tort
Equitable Remedies against Minors
CHAPTER 8. PROMISES THE LAW WILL NOT ENFORCE: FOR WANT OF FORM
Contracts that Must be Evidenced in Writing
The Equitable Doctrine of Part Performance
Contracts of Guarantee and Contracts of Indemnity
Other Contracts that Need to be in Writing
CHAPTER 9. PROMISES THE LAW WILL NOT ENFORCE: ILLEGALITY
The Effect of Illegality on Contracts
But this rule does NOT apply:
Contracts in Restraint of Trade
Other Contracts which it is Contrary to Public Policy to Enforce
Gaming and Wagering Contracts
The Statutes and Gaming and Wagering
CHAPTER 10. MISREPRESENTATION, DURESS AND UNDUE INFLUENCE
The Nature of a Misrepresentation
To have any effect on a contract a misrepresentation must be a statement of existing fact and not a mere expression of opinion, 'a trade puff'' or a promise as to future conduct.
The Effect of a Misrepresentation
Section 1 enacts removal of certain bars to rescission for innocent misrepresentation
Section 2 (1) gives a right to damages for innocent misrepresentation
Section 2 (2) confers on the Courts a discretion to grant damages in lieu of granting a decree of rescission
Section 3 limits the right to exclude misrepresentation by an exemption clause
Duress and Undue Influence
CHAPTER 11. UNILATERAL CONTRACTS
Can the Promisor Withdraw?
CHAPTER 12. CONTRACTS OF MUTUAL OBLIGATION (SYNALLAGMATIC CONTRACTS)
Is Offer and Acceptance Essential?
The Relationship of Tenders to Offers
The Revocation of an Offer
The Rejection of an Offer
The Effect of Death on Offers and Acceptances
Mistake and the Effect on Synallagmatic Contracts
Exemption and Limitation Clauses
Discharge of Contractual Obligations
BOOK THREE: THE SALE OF GOODS
CHAPTER 13. THE TRANSFERENCE OF OWNERSHIP
Transfer of Title and the Consequences
Specific goods in a deliverable state
Specific goods not in a deliverable state
Unascertained or future goods
CHAPTER 14. THE TERMS OF THE CONTRACT OF SALE
Conditions, Warranties and Fundamental Breaches
Implied Terms as to Quality
CHAPTER 15. THE RIGHTS OF AN UNPAID SELLER
CHAPTER 16. INTERNATIONAL TRADE IN GOODS
CHAPTER 17. HIRE PURCHASE AND SIMILAR TRANSACTIONS
True Hire Purchase Contracts
Conditional Sale Agreements
Acts of Parliament and Vendor Credit
Other situations where the owner of the goods on hire purchase may find his title defeated.
The Hire Purchase Act, 1965: the Form of the Agreement
Dealers' Liability in Hire Purchase Transactions
Finance Companies' Liability to the Hirer
The Statutory Copies and the Right to Cancel
The Owner's Right to Terminate
The Hirer's Right to Terminate
BOOK IV: CARRIAGE AND INSURANCE
CHAPTER 18. CARRIAGE BY LAND
CHAPTER 19. CARRIAGE BY SEA
CHAPTER 20. CARRIAGE BY AIR
Documentation for Air Freight
CHAPTER 21. CONTRACTS OF INSURANCE
Formation of Insurance Contracts
Claims on Insurance Policies
BOOK V: ASSIGNMENTS, NEGOTIABLE INSTRUMENTS AND SECURITIES
CHAPTER 22. ASSIGNMENTS OF CONTRACTUAL RIGHTS
CHAPTER 23. NEGOTIABLE INSTRUMENTS
The Nature of Negotiability
What is a Bill of Exchange?
Acceptance and Non-Acceptance of Bills of Exchange
Liabilities of the Parties to a Bill of Exchange
Protection of the Paying Banker
Protection of the Collecting Banker
CHAPTER 24. BAILMENT, LIENS AND SECURITIES
Hotels and Guests' Property
APPENDIX ONE: LIST OF ABBREVIATIONS
APPENDIX TWO: TABLE OF CASES
APPENDIX THREE: TABLE OF STATUTES
Commercial Law
：Made Simple
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