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Books on the topic 'Formation of contracts'

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Published: 4 June 2021
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1

Cibinic, John. Formation of government contracts. 2nd ed. [Washington, D.C.]: Government Contracts Program, George Washington University, 1986.

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2

C, Nash Ralph, Yukins Christopher R, and George Washington University. Government Contracts Program, eds. Formation of government contracts. 4th ed. Washington, DC: George Washington University Law School, Government Contracts Program, 2011.

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Cibinic, John. Formation of government contracts. 2nd ed. [Washington, D.C.]: Government Contracts Program, George Washington University, 1986.

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4

C, Nash Ralph, and George Washington University. Government Contracts Program., eds. Formation of government contracts. 3rd ed. Washington, DC: George Washington University Law School, Government Contracts Program, 1998.

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5

Contract formation and parties. Oxford: Oxford University Press, 2010.

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6

Lieberman, Richard D. Elements of contract formation: Practical advice on winning government contracts. Chicago: CCH Inc., 2000.

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7

Omoregie, Edoba B. Law of contract in Nigeria: Formation of contract. Akure: Sylva Pub., 2000.

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8

Furmston, M. P. Contract formation and letters of intent. Chichester, West Sussex, England: J. Wiley, 1998.

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9

Enterprises, RIBA, ed. Focus on construction: Contract formation. London: RIBA Enterprises, 2003.

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10

Kazeem, Musendiq Adeniji. Electronic contract formation and the Nigerian initiatives. [Nigeria]: [s.n.], 2005.

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11

1950-, Andersen Eric G., ed. Contractual good faith: Formation, performance, breach, enforcement. Boston: Little, Brown, 1995.

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12

Owsia, Parviz. Formation of contract: A comparative study under English, French, Islamic, and Iranian law. London: Graham & Trotman, 1994.

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13

Unequal bargaining: A study of vitiating factors in the formation of contracts. Oxford: Clarendon Press, 1991.

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14

Coote, Brian. Contract as assumption II: Formation, performance, and enforcement. Portland, OR: Hart Publishing, 2016.

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15

Myles, Gareth D. Training and contracts: Some dynamic aspects of human capital formation. Conventry: University of Warwick Department of Economics, 1989.

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16

Nichols, Stephanie. Protection of the integrity of consent in the formation of contracts. Wolverhampton: University of Wolverhampton, 1993.

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17

La distinction de la formation et de l'exécution du contrat: Contribution à l'étude du contrat acte de prévision. Paris: L.G.D.J., 2012.

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18

Pillet, Gilles. La substitution de contractant à la formation du contrat en droit privé. Paris: L.G.D.J., 2004.

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19

He tong you xiao cheng li bi jiao yan jiu: A comparative study on valid formation of contract. [Changsha Shi]: Hunan jiao yu chu ban she, 2000.

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20

Commission, Scottish Law. Report on formation of contract: Scottish law and the United Nations Convention on contracts for the international sale of goods. Edinburgh: HMSO, 1993.

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21

Allaire, Frédéric. Les marchés publics d'assurance: Contribution à la théorie de la formation des contrats. Paris: L.G.D.J., Librairie générale de droit et de jurisprudence, 2007.

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22

Foriers, Paul Alain. La caducité des obligations contractuelles par disparition d'un élément essentiel à leur formation: De la nature des choses à l'équité, de l'impossibilité au principe de l'exécution de bonne foi. Bruxelles: Bruylant, 1998.

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23

Formation and termination of employment contracts in Tanzania: Under the Employment and Labour Relations & Labour Institutions Acts. Dar es Salaam: Chem-Chem Publishers, 2013.

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24

Formation of Government Contracts. George Washington University Government Contracts Program, 1993.

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25

Nash and Cibinic. Formation of Government Contracts. 2nd ed. George Washington Univ Government, 1993.

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26

Jr, Ralph C. Nash. Formation of Government Contracts. 2nd ed. George Washington Univ Government, 1986.

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27

Stephan, Kinsella N., and Simpson Andrew F. 1969-, eds. Online contract formation. Dobbs Ferry, N.Y: Oceana Publications, 2004.

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28

Institute of International Business Law and Practice., ed. Formation of contracts and precontractual liability. Paris, France: ICC Publishing, 1990.

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29

Michael, Furmston, and Tolhurst Gregory. Contract Formation. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.001.0001.

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This text provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the text draws upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.
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30

Furmston, Michael, and Gregory Tolhurst. Contract Formation: Law and Practice. Oxford University Press, 2016.

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31

Chen-Wishart, Mindy, Stefan Vogenauer, and Alexander Loke. Formation and Third Party Beneficiaries. Oxford University Press, 2018.

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32

Contract Formation: Law and Practice. Oxford University Press, USA, 2009.

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33

Yamashita, Yoshikazu. Formation of Contract in Japan. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0012.

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This chapter provides insights into the law on contract formation in Japan. The Japanese approach is traditional, requiring an agreement which, in turn, normally requires an offer and matching acceptance, according to the mirror image rule. Once offers become effective, the 1898 Japanese Civil Code severely restricts their revocability. This is in tune with the mostly German origins of Japanese contract law. However, the drafters of the Code deliberately followed the common law in one respect: the offeree’s acceptance becomes effective as soon as it is dispatched. This is highly controversial and in 2001 was abolished for acceptances by electronic means. Ongoing major reform of Japanese contract law will probably extend this solution to all contracts. Japanese law has no doctrine of consideration and has traditionally eschewed formal requirements as a prerequisite for the validity or enforceability of contracts. More recently, formalities have been introduced, first, for certain consumer contracts, then for contracts of suretyship. A particular feature of Japanese law pertaining to contract formation is the strong duty to negotiate in good faith.
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34

Samuels, Marc. Commercial Contracts for UK Companies: Formation to Exit. Bloomsbury Publishing Plc, 2020.

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35

Han, Tan Cheng. Contract Formation in Singapore. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0008.

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The Singapore law on contract formation largely replicates the English law which it inherited and is covered by the Application of English Law Act 1993 ‘so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require’. The offer and acceptance approach to contract formation is mediated through the objective test of intention taking account of the circumstances in which the words or conduct are to be interpreted; but if one party’s mistaken expression is known to the other, there is no valid contract. Where such an analysis is difficult, the courts may imply contracts or perfect contracts if the parties’ intention to contract is clear. Offers are distinguished from ‘invitations to treat’ since the former evince an intention to be bound by acceptance, while the latter do not. Offers can be revoked at any time before acceptance and, in the absence of consideration, even before the expiry of the time for which the offers are stated to be open.
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36

Net, Le. Contract Formation and Contracts for the Benefit of a Third Party in Vietnam. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0021.

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This chapter examines the recent changes to the Vietnamese Civil Code and its impact on contract formation and third party beneficiaries. Since the enactment of the first modern civil code in 1995, major revisions have been made every ten years with the 2015 Code repealing more than 50 per cent of the 2005 Code; representing more than 300 articles of the 2005 Code. Concepts like apparent authority were only recognized in 2005, while the notion of an offer to the world (rather than to specific parties) was only recognized in 2015. The 2015 Code was a product of the move from a planned economy to a socialist-oriented free market economy. The challenge of the Code was to address state interest and regulatory concerns to modify the norms of contractual freedom found in the Code.
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37

Olivier, Deshayes, ed. L'avant-contrat: Actualité du processus de formation des contrats. Amiens: Ceprisca, 2008.

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38

Chunyan, Ding. Contract Formation under Chinese Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0002.

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This chapter discusses the law on contract formation in Chinese law which largely follows the UN Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. An objective approach is adopted in determining the parties’ intentions but exceptions are allowed where parties have not accurately expressed their true agreement, the contract is a sham, or one party’s intentional false expression is known to the other. For a contract to be binding, its ‘essential elements’ must be agreed (names of the parties, subject matter, and quantity); other terms may be agreed by the parties after the conclusion of the contract or, failing that, determination by the court. In reality, however, courts use soft laws and the nature of the contract, to augment what is required. A purported acceptance which makes a ‘non-material’ alteration to the content of the offer can bind the offeror unless the offeror timely rejects it, but there is little scope for non-materiality. Nevertheless, even a materially varied acceptance can bind if the original offeror’s performance amounts to acceptance where the usage of transaction or the express terms of the offer allows acceptance by conduct. Furthermore, courts show willingness to recognize an acceptance by conduct of performance beyond these two situations. There is no general requirement of form for a valid contract, although exceptionally, laws or administrative regulations may require writing or approval/registration. There is no general requirement of consideration; gratuitous contracts are enforceable. However, the latter attract far less legal force than onerous contracts. An offer is irrevocable only if it is an option or if the offeree reasonably believes the offer is irrevocable and has made preparations for the performance of the contract. An acceptance takes effect only when it arrives. A late acceptance that is not attributed to the offeree is ineffective unless the offeror gives timely notice of its intention to ratify the acceptance. Electronic means of communication are treated in the same way as paper-based communications with specific rules to determine the time and place of contract formation and the validity of electronic signature. Reliance-based pre-contractual liability may be imposed, on the basis of the requirement of good faith, in the circumstances including negotiating with no intention of concluding a contract, intentional concealment of material facts, or breach of confidentiality.
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39

Ross G, Anderson. Ch.2 Formation and authority of agents, Formation II: Arts 2.1.6–2.1.14—Acceptance, Art.2.1.14. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0030.

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This commentary focuses on Article 2.1.14 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contracts with terms deliberately left open. Art 2.1.14 permits the contract to have effect notwithstanding the fact that particular terms have been left open for future agreement. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. This commentary discusses present intention to be bound despite open terms, resolving disputes on open terms, and burden of proof relating to disputes over the existence of a contract despite open terms.
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40

Ross G, Anderson. Ch.2 Formation and authority of agents, Formation II: Arts 2.1.6–2.1.14—Acceptance, Art.2.1.13. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0029.

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This commentary focuses on Article 2.1.13 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the conclusion of a contract. Art 2.1.13 deals with two separate aspects of formation during pre-contractual negotiations: agreement on specific matters of content, and agreement is concluded only if the agreement is concluded in a specific form. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. This commentary compares conditional contracts and fundamental prerequisites and concludes with a discussion of particular formalities relating to the conclusion of a contract.
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41

Chen-Wishart, Mindy, Alexander Loke, and Stefan Vogenauer, eds. Formation and Third Party Beneficiaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.001.0001.

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Myanmar, and Indonesia. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
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42

Stefan, Vogenauer. Ch.2 Formation and authority of agents, Formation IV: Arts 2.1.17–2.1.18—Integrity of writing, Art.2.1.17. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0033.

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This commentary focuses on Article 2.1.17 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the merger clauses of a contract. The parties to international commercial transactions often insert a merger clause (‘entire agreement’, ‘integration’, or ‘four corner clause’) in their contracts. For Art 2.1.17 to apply, the contract and the merger clause must be in writing. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. By codifying a rule on their validity and legal effects, the PICC broke fresh ground and served as a model for later projects for the harmonization of contract law.
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43

Stefan, Vogenauer. Ch.2 Formation and authority of agents, Formation IV: Arts 2.1.17–2.1.18—Integrity of writing, Art.2.1.18. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0034.

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This commentary focuses on Article 2.1.18 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contract modification in a particular form. International commercial contracts often contain a ‘no oral modification’ clause (or ‘no variation except in writing’ clause). Such clauses require that subsequent agreements to modify the terms of the contract or to terminate the contractual relationship be in a specified form, normally in writing. The purpose of ‘no oral modification’ clauses is to protect the integrity of the writing even after the contract has been concluded. Art 2.1.18 stipulates that a contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated. This commentary discusses an exception from the strict enforcement of ‘no oral modification’ clauses.
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44

Luke, Nottage. Ch.2 Formation and authority of agents, Formation I: Arts 2.1.1–2.1.5—Offer, Art.2.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0017.

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This commentary focuses on Article 2.1.1, which stipulates that a contract may be concluded either by acceptance of an offer or by conduct of the parties that is sufficient to show agreement. This provision reflects the neoclassical approach of the UNIDROIT Principles of International Commercial Contracts (PICC) to contract law, maximizing the parties' freedom to negotiate until they agree to contract on certain terms, by expressly mentioning that one means of concluding a contract is by conduct of the parties that is ‘sufficient’ (that is, definite enough) to ‘show agreement’. Art 2.1.1 broke new ground among transnational contract instruments in providing expressly for contract formation to be evidenced simply through conduct sufficient to show agreement. It also stresses the burden of proof necessary in contract formation.
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45

Ross G, Anderson. Ch.2 Formation and authority of agents, Formation II: Arts 2.1.6–2.1.14—Acceptance, Art.2.1.12. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0028.

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This commentary focuses on Article 2.1.12 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning written confirmations. Art 2.1.12 stipulates that if a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. This commentary discusses silence as acceptance of new terms, issues arising from incorporation of a choice of law or arbitration clause into the contract, consequences of failure to object to the written confirmation, and burden of proof of the party invoking the terms of the contract as stated in the confirmation.
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46

Ross G, Anderson. Ch.2 Formation and authority of agents, s.1: Formation, Introduction to Arts 2.1.1–2.1.14. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0232.

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Chapter 2 of the UNIDROIT Principles of International Commercial Contracts (PICC) contains the core provisions on contract formation. It has two sections: the first deals with offers, acceptances, negotiations, standard terms, and standard firms; the second deals with agency. The fundamental rules on formation of contract which focus on the law of offer and acceptance are provided in Arts 2.1.1–2.1.14. The ‘classical’ model of contract law centres on the parties' agreement to assume obligations with private law consequences, whereas the ‘neoclassical’ model adopts a less strict approach but with a similar focus. This chapter covers contract formation in modern commercial practice, along with provisions relating to electronic signatures, letters of intent, and notices.
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47

HO, Lusina. Contract Formation in Hong Kong. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0010.

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This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation.
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48

Eisenberg, Melvin A. Relational Contracts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0054.

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Chapter 54 concerns relational contracts. Classical contract law was implicitly based on a paradigm consisting of a bargain made between strangers transacting on a perfect market, and focused on the static instant of contract formation, rather than dynamic processes such as the evolution of a contractual relationship. Relational-contract theory rejects the stranger-in-a-perfect-market paradigm and the static conception of contract law. Instead, it is based on a paradigm of a contractual transaction between actors who are in an ongoing and dynamic relationship. The identification of relational contracts as an economic and sociological entity is desirable. However, a theory of relational contracts requires the formulation of a body of legal rules applicable to, and only to, relational contracts. This is a place to which relational-contract theory has not gone and cannot go.
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49

Luke, Nottage. Ch.2 Formation and authority of agents, Formation I: Arts 2.1.1–2.1.5—Offer, Art.2.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0019.

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This commentary focuses on Article 2.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the withdrawal of an offer. An offer becomes effective when it reaches the offeree. An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offer before or at the same time as the offeree. Like the principle in Art 2.1.3(1) PICC, most national legal systems also recognize the principle in Art 2.1.3(2) that an offer does not remain effective if received before or at the same rime as the offer is withdrawn. The latter principle protects the offeror's freedom to change its mind and not enter into a contract at all, or only on any subsequently proposed terms. This is consistent with a classical or neoclassical model of contract law and creates quite a high threshold for entering into binding contracts. The party alleging an offer has the burden of proof to establish that it has been received. This can be rebutted by the other party.
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50

Luke, Nottage. Ch.2 Formation and authority of agents, Formation I: Arts 2.1.1–2.1.5—Offer, Art.2.1.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0021.

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This commentary focuses on Article 2.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the rejection of an offer. Art 2.1.5 stipulates that an offer is terminated when a rejection reaches the offeror. Even if the offer has become effective (without being withdrawn, under Art 2.1.3) and remains so (without being revoked, under Art 2.1.4), it can he terminated upon the rejection of the offeree reaching the sphere of control of the offeror (Art 1.10). This principle is consistent with a (neo)classical approach to contract law that seeks to preserve the freedom not to be drawn readily into contracts, and is widely accepted across national legal systems. Art 2.1.5 explains termination of an offer by explicit or implied rejection and termination of offer by other means.
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