Contract Formation
Law and Practice
By: Michael Furmston, G.J. Tolhurst
Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.
AI Overview
The book "Contract Formation: Law and Practice" by Michael Furmston and G.J. Tolhurst provides a detailed and scholarly analysis of the legal principles governing the formation of contracts in English law. Here is a comprehensive overview of the book:
Key Themes
Contract Formation Principles: The book focuses on the theoretical and practical issues arising from contract formation. It delves into the legal principles that govern when a contract is considered formed, including the elements of offer, acceptance, intention to create legal relations, and consideration.
Practical Applications: The authors offer a practical perspective, making the book useful for both legal professionals and students. It covers real-world scenarios and case studies to illustrate the complexities of contract formation.
Comparative Analysis: The book may also include comparative analysis with other jurisdictions, although this is not explicitly stated in the sources provided. This could help readers understand how different legal systems approach contract formation.
Plot Summary
The book does not have a narrative plot in the traditional sense. Instead, it is structured around a detailed review of the specific issues arising from contract formation. It covers topics such as:
Offer and Acceptance: The book examines the various forms of offer and acceptance, including express and implied offers, and the different methods of acceptance (e.g., by conduct, by silence).
Intention to Create Legal Relations: The authors discuss the importance of intention to create legal relations and how it affects the validity of a contract.
Consideration: The book delves into the concept of consideration and its role in forming a binding contract.
Defenses to Contract Formation: It also explores defenses that can be raised to challenge the formation of a contract, such as lack of capacity, undue influence, or misrepresentation.
Critical Reception
The book has received positive reviews for its detailed and constructive review of contract formation issues. Here are some excerpts from available reviews:
Constructive Review: The book is praised for its focused review of practical and theoretical issues related to contract formation, making it a valuable resource for both practitioners and students.
Scots Law Perspective: A review by Mark Godfrey from the University of Glasgow notes that the book would be beneficial for Scots lawyers due to the clarity it provides on the complexities of contract formation, although it acknowledges that Scots law has its own set of challenges in this area.
Practical Utility: The Cambridge Law Journal review highlights the book's practical utility, noting that it provides a welcome addition to the literature on contract formation, especially given its focus on the specific issues arising from this topic.
Editions and Availability
The book has been published in multiple editions, with the third edition being the most recent. It is available from Oxford University Press and other academic publishers.
Conclusion
"Contract Formation: Law and Practice" by Michael Furmston and G.J. Tolhurst is a comprehensive and practical guide to the legal principles governing contract formation in English law. Its detailed analysis and focused review make it a valuable resource for legal professionals and students alike.