Contract as Assumption

Essays on a Theme

Nonfiction, Reference & Language, Law, Contracts
Cover of the book Contract as Assumption by Brian Coote, Professor Rick Bigwood, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Brian Coote, Professor Rick Bigwood ISBN: 9781847317490
Publisher: Bloomsbury Publishing Publication: April 2, 2010
Imprint: Hart Publishing Language: English
Author: Brian Coote, Professor Rick Bigwood
ISBN: 9781847317490
Publisher: Bloomsbury Publishing
Publication: April 2, 2010
Imprint: Hart Publishing
Language: English

It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed.

It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law.

The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort.

Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed.

It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law.

The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort.

Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.

More books from Bloomsbury Publishing

Cover of the book Looking at Medea by Brian Coote, Professor Rick Bigwood
Cover of the book Princess of Glass by Brian Coote, Professor Rick Bigwood
Cover of the book Tanya Tania by Brian Coote, Professor Rick Bigwood
Cover of the book Movie Stunts & Special Effects by Brian Coote, Professor Rick Bigwood
Cover of the book Motivating Unwilling Learners in Further Education by Brian Coote, Professor Rick Bigwood
Cover of the book Pandora's Daughters by Brian Coote, Professor Rick Bigwood
Cover of the book With Kisses on Both Cheeks by Brian Coote, Professor Rick Bigwood
Cover of the book Images of Jesus Christ in Islam by Brian Coote, Professor Rick Bigwood
Cover of the book French Foreign Légionnaire 1890–1914 by Brian Coote, Professor Rick Bigwood
Cover of the book Runaway Dream by Brian Coote, Professor Rick Bigwood
Cover of the book Thunderbot's Day of Doom by Brian Coote, Professor Rick Bigwood
Cover of the book Armies of the Balkan Wars 1912–13 by Brian Coote, Professor Rick Bigwood
Cover of the book International Night by Brian Coote, Professor Rick Bigwood
Cover of the book Peak Physique by Brian Coote, Professor Rick Bigwood
Cover of the book Christian Family and Contemporary Society by Brian Coote, Professor Rick Bigwood
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy