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This book discusses three of the most important developments in the law of contract in the 20th century. A short introduction explains the choice of topics and gives an account of the project (initiated in the 1960s and later abandoned) to codify this branch of the law. Chapter 1 deals with agreements to vary contracts and in particular with obstacles to the legal effectiveness of such agreements presented by the doctrine of consideration, under which something of value must be given for a promise to make it legally binding. It explains how the courts have mitigated these difficulties, especially by using the concepts of ‘estoppel’ and ‘practical benefit’. Chapter 2 starts with an account of the doctrine of privity, by which a contract can be enforced only by and against a party to it; and then considers attempts to erode that doctrine by the courts (e.g., by use of the concepts of trust, tort, vicarious immunity, and bailment on terms); by contractual draftsmanship (e.g., by so-called ‘Himalaya Clauses’); and by legislation such as the Contracts (Rights of Third Parties) Act 1999. Chapter 3 deals with the classification of contractual terms into conditions, warranties, intermediate terms and fundamental terms; the distinctions are discussed mainly in the context of the question whether the breach of a term by one party justifies rescission of the contract by the other.
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