Introduction.The English legal system

A．Sources of law

The common law

Equity

Law reports

Statute law

European Community law

B．The English courts

C．Civil courts

Magistrates'courts

County courts

High Court

Queen's Bench Division

Chancery

Family Division

Appeals

Employment Appeal Tribunal

Court of Appeal

House of Lords

D．Criminal courts

Magistrates'courts

Crown Court

Court of Appeal

House of Lords

E．Other courts and tribunals

F．Procedure

Chapter 1．Intention and certainty

A．Intention

Advertisements

Honour clauses

Other informal agreements

B．Certainty

Agreements in principle

Conditional terms

Letters of intent and letters of comfort

Estimates and quotations

Arbitration clauses

Course of dealings;trade usages;implied terms

Conclusion

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 2．Offer and acceptance

A．Offer

Duration of offer

Revocation of offer

B．Acceptance

Counter-offer

The battle of the forms

Communication of acceptance

Form of acceptance

Acceptance in unilateral contracts

Revocation of acceptance

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 3．Consideration and estoppel

A．Valuable consideration

The basic rules

Consideration must not be past

Consideration must move from the promisee

Consideration must be sufficient.but need not be adequate

Insufficient consideration

Part payment in full settlement

B．The privity problem

Privity of contract;exceptions

The Contracts(Rights of Third Parties)Act,1999

Consumer guarantees

Insurance

Land

Carriage of goods by sea

Patents

Consumer credit

Housing

Agency

Assignment

Bankers'confirmed credits

Trusts

Quasi-contract

Restrictive covenants

C．Estoppel

Proprietary estoppel

Conclusion

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 4．Writing and capacity

A．Writing

Parol evidence

B．Capacity

Corporations

Partnerships and sole traders

Minors

Mentally disturbed and drunken persons

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 5．Express and implied terms,conditions,warranties and innominate terms

A．The express terms of the contract

Shipping contracts

Other international contracts of carriage

Entire agreement clauses

Quality and fitness of goods and services

Time clauses

Risk and retention of title clauses

Delivery,price and payment

Exclusion clauses

Force majeure and hardship clauses

Waiver clauses

Arbitration clauses

Alternative dispute resolution clauses

Penalty clauses

Choice of law clauses

Termination clauses

B．Implied terms

The test of necessity

C．Conditions and warranties

Innominate terms

Entire and severable contracts

Conclusion

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 6．Quality,fitness and safety ofgoods and services

A．Contract

Acceptance

Rights and duties under the Sale of Goods Act

Title

Description

Business sales

Satisfactory quality

Reasonable fitness

Used goods

Durability

Sale by sample

Strict liability

Credit transactions

Hire and service contracts

B．Negligence

Materials

Design

Advice and warnings

Workmanship

C．Strict liability

D．Criminal law

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 7．Exclusion clauses and other unfair contract terms

A．Exclusion clauses

Common law

Unfair Contract Terms Act

Defective goods

The test of reasonableness

Misrepresentations and entire agreement clauses

Further provisions

Unfair Terms in Consumer Contracts Regulations

Common law and statute

B．Other unfair contract terms

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 8．Risk and retention of title

Ownership

Ascertained goods

Unascertained goods

Retention of title

Ownership and risk

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 9．Delivery,price andpayment

A．Delivery

B．Price and payment

Export sales and letters of credit

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 10．Mistake

A．Common law

Identity

Mistaken signature

B．Equity

C．Commonwealth and American rules

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 11．Misrepresentation,duress and illegal contracts

A．Misrepresentation

Silence

Fiduciary relationships

Material reason

Remedies

Fraud

Negligence

Innocent misrepresentation

Misrepresentation and breach of contract

Exclusion clauses

B．Duress and undue influence

C．Illegal and void contracts

Contracts in restraint of trade

Conclusion

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Chapter 12．Frustration

Contractual provision;force majeure and hardship clauses

Impossibility and impracticability

Effects of frustration

Danish law

Dutch law

French law

German 1aw

Italian law

Spanish law

Swedish law

Chapter 13．Remedies for breach of contract

A．Damages

Remoteness of damage

Mitigation

Anticipatory breach

Liquidated damages and penalty clauses

B．Repudiation

C．Specific performance

D．Injunctions

E．Time limits

Danish law

Dutch law

French law

German law

Italian law

Spanish law

Swedish law

Appendices

Appendix Ⅰ-Sections 10-20,34-36,Sale of Goods Act 1979

Appendix Ⅱ-Sections 1-14,26-29,Schedules 1 and 2,Unfair Contract Terms Act 1977

Appendix Ⅲ-The Unfair Terms in Consumer Contracts Regulations 1999

Appendix Ⅳ-United Nations Convention on Contracts for the International Sale of Goods 1980

Index