Implied terms in English contract law / Richard Austen-Baker.

Format:

Book

Author/Creator:

Austen-Baker, Richard, author.

Series:

Elgar competition law and practice.

Elgar Commercial Law and Practice

Language:

English

Subjects (All):

Contracts--England.

Contracts.

Contracts--Wales.

Physical Description:

1 online resource (210 pages) : illustrations.

Edition:

Second edition.

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2017.

Summary:

"This book is [an] ... account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term ... Key features include:full analytical treatment of featured cases and evaluation of recent case law in relation to use of implied terms; analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015; useful synoptic tables showing how these changes map across the different categories within the CRA and between the CRA and pre-existing legislation; extended discussion of statutory implied terms in services contracts; and detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer."-- ǂc Back cover

Contents:

Introduction

Some theoretical considerations

Terms implied at common law I : general principles

Terms implied at common law II : specific instances

Terms implied by custom, usage or course of dealing

Terms implied by statute

Terms implied in fact.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78536-528-2