CONTRACT FORMATION AND LETTERS OF INTENTPDF电子书下载

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PART Ⅰ OFFER AND ACCEPTANCE 1

Chapter 1 Offer 3

Identifying an offer 3

Termination of offer 19

Chapter 2 Acceptance 33

What constitutes an acceptance 33

Method of acceptance 50

Communication of acceptance 53

The postal rule 58

Revocation of acceptance 63

PART Ⅱ REVOCATION OF OFFERS AND BATTLE OF FORMS 67

Chapter 3 Revocability of offers and associated problems 69

Revocability of offers 69

Revocability of bilateral offers 73

Revocation of unilateral offers 90

Chapter 4 The Battle of Forms 103

Standard form contracts 103

The deficiencies of contract law 105

Suggestions for resolving the battle in English contract law 111

The American solution—S 2-207 of the Uniform Commercial Code 116

The search for a solution to the battle of forms 133

PART Ⅲ LETTERS OF INTENT 141

Chapter 5 Commercial reality and letters of intent 143

The uses and legal effect of letters of intent 143

The attitude of businessmen to letters of intent 145

Types of letters of intent and indicators of legal effect 148

The law governing the legal effect of letters of intent 154

Letters of intent—examples 157

Chapter 6 Expressions in letters of intent which operate to exclude legal relations 163

The requirement that there be an intention to create legal relations 163

What expressions will have the effect of excluding legal relations？ 168

Non-verbal expressions of intent 174

Comfort letters and other statements that may be regarded as non-promissory 175

Chapter 7 The legal effect of a reference to the execution of a formal contract 179

General principles 179

Factors indicating that agreement is not complete until the formal document is executed 185

‘Subject to contract’ clauses 190

Restitutionary remedies and the effect of negotiations ‘subject to contract’ 197

Chapter 8 Conditions precedent to the existence of a contract in letters of intent 199

Distinguishing the effect of conditions 199

Conditions requiring the satisfaction of the parties 202

Action by one of the parties which prevents the contingent conditions from being fulfilled 221

Efforts to fulfil the condition 224

Waiver of the condition 226

Chapter 9 Certainty 229

Uncertainty 229

Incompleteness 251

Chapter 10 Is there a duty to negotiate in good faith？ 267

The preservation function 276

Pre-contractual liability 284

Conclusion 313

Index 317

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