Index

• Pages: 367-374

INDEX

Acceptance

certainty requirement 12

communication, methods of

post 16, 17

prescribed by offeror 17

silence 16

waiver of communication 15, 16

conduct, by 15

counter- offer 12, 13

performance in ignorance of offer 11

qualifi ed 13

revocation of offer 17, 18

tenders, of 14, 15

Advertisements

intention to negotiate 9

offer and invitation to treat

distinguished 9, 10

Affi rmation of contract

misrepresentation 153, 154

sale of goods 115

Agency

agent’s duties 227–230, 235, 236

agent’s rights 230–233

formation, methods of

apparent authority 225–227

estoppel 226

express appointment 223

husband and wife 224, 226

necessity 227

ostensible authority 225–227

ratifi cation 224, 225

termination

act of parties 236, 237

operation of law 237

third party’s liability and rights 234, 235

unauthorised acts

position of agent 234–237, 235, 236

position of principal 224–227

undisclosed principal 234, 235

warranty of agent’s authority 235, 236

Agreements ‘subject to contract’ 21

Anticipatory breach of contract 254

Assessment of damages

compensation for partial performance

239–241, 274, 275

misrepresentation 156, 157

remoteness of damage 264–266

Assignment

contractual rights, of

bankruptcy, consequences of 219

common law rules 218

death, consequences of 219

equitable rules 219, 220

meaning and scope 218

novation distinguished 221

rights incapable of assignment 220,

221

written notice requirement 220

Attribution, rules of 220

Auctions

mutual mistake 136

offer and invitation to treat

distinguished 11

Bailments

exemption clauses 89

minors’ tortious liability 51

Bankruptcy

assignment of rights and liabilities

219

Banks

express terms 79, 84

undue infl uence in relation to 163–168,

170, 171

Bargaining power

economic duress 173–176

inequality of 174–176

standard form contracts and

consumer protection 88–90,

125 et seq

Breach of contract

anticipatory breach 254

fundamental breach 256