1. 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

Index