Michael Furmston and G J Tolhurst, CONTRACT FORMATION: LAW AND PRACTICE Oxford: Oxford University Press (www.oup.com), 2010. liii + 421 pp. ISBN 9780199284245. £175.
| Author | Gillian Black |
| DOI | 10.3366/elr.2011.0075 |
| Published date | 01 September 2011 |
| Date | 01 September 2011 |
| Pages | 507-509 |
This book provides a detailed and constructive review of the specific issues arising from contract formation. While every contract textbook will unfailingly dedicate considerable space to this topic, it is of particular interest to have a text which concentrates solely on formation, and provides a focused review of the practical and theoretical issues which arise. Contract formation is capable of giving rise to contentious issues since, if there is an allegation of breach of contract, the most complete defence is often to point to the fact that there was no concluded contract – or, failing which, that the contract concluded was on different terms to those contended, and that these have not been breached. Thus, determining whether or not the parties were in a contractual relationship and, if so, the terms of that relationship, is often a matter of the first importance.
This book is a new contribution to the literature, but the authors acknowledge in their preface that it can trace its DNA to Michael Furmston, Takao Norisada and Jill Poole,
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