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Title Formation and third party beneficiaries / Mindy Chen-Wishart, Alexander Loke, and Stefan Vogenauer
Edition First edition
Published Oxford : Oxford University Press, 2018

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Description 1 online resource
Series Studies in the contact laws of Asia ; II
Studies in the contact laws of Asia ; II
Contents Cover; Studies in the Contract Laws of Asia II: Formation and Third Party Beneficiaries; Dedications; Foreword; Acknowledgements; Table of Contents; Table of Legislation; List of Contributors; List of Abbreviations; 1 Introduction; I. Genesis and Objectives of the Project; II. The Asian Jurisdictions Covered in this Volume; III. Methodology; IV. Guidance Provided to Chapter Contributors; V. Chapter Overviews; 2 Contract Formation under Chinese Law; I. Introduction; II. Conditions for Conclusion of a Contract; III. Offer and Acceptance; Copyright; IV. Pre-Contractual Obligations; V. Conclusion
3 Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract LawI. Introduction: Chinese Position on Contractual Privity; II. Right of Action to Enforce Contract by Third Party; III. Third Party's Remedies and Promisor's Defences; IV. Rights of Promisee; V. Modification and Cancellation by Contracting Parties; VI. Using Existing Legal Mechanisms to Circumvent Principle of Privity; VII. Case Illustrations-How Would Chinese Law Deal with the Following Cases; VIII. Conclusion; 4 Contract Formation in India: Law and Practice; I. Introduction; II. Intention
III. OffersIV. Acceptance; V. The Battle of Forms; VI. Uncertain and Incomplete Contracts; VII. Electronic Contracts; VIII. Formality Requirements; IX. Consideration and Gratuitous Promises; X. Test of Intention to Create Legal Relations; XI. Quasi-Contractual Obligations; XII. Contract Formation Issues in Arbitration Agreements:Contemporary Trends; XIII. Conclusion; 5 Contracts for the Benefit of Third Parties: The Indian Perspective; I. Introduction; II. Indian Contract Law; III. Privity Rule: Of Substance or Procedure; IV. Privity Rule in Indian Law; V. Exceptions to the Privity Rule
VI. Rights and Remedies of PartiesVII. Law Reform; VIII. Conclusion; 6 The Legal Landscape of Contract Formation: Towards a Distinct Malaysian Jurisprudence?; II. Traditional Analysis for Formation of Contract; III. Exceptions to Rule That No Formality is Required for Contract Formation; IV. No Duty on Parties to Negotiate in Good Faith; V. Contracts Concluded Through Electronic Means; VI. Conclusion; 7 Contracts for the Benefit of Third Parties in Malaysia; I. Privity of Contract in Malaysia; II. Circumventing the Privity Rule; III. Adequacy or Lack of Common Law Solutions
IV. Concluding Remarks8 Contract Formation in Singapore; I. Introduction; II. The Objective Test of Agreement; III. Offers; IV. Invitations to Treat as Distinguished from Offers; V. Communication and Termination of Offer; VI. Acceptance; VII. Contracts Entered into Electronically; VIII. Certainty of Terms and Completeness of Agreement; IX. Formalities; X. Consideration; XI. Promissory Estoppel; XII. Intention to Create Legal Relations; XIII. Conclusion; 9 Contracts for the Benefit of Third Parties: The Singapore Law Perspectives; I. Introduction
Summary The 'Studies in the Contract Laws of Asia' series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This second volume examines the formal requirements for contract formation and the rights of third parties.-- Provided by publisher
Bibliography Includes bibliographical references and index
Subject Third parties (Law) -- Asia
LAW -- Administrative Law & Regulatory Practice.
Third parties (Law)
Asia.
Form Electronic book
Author Chen-Wishart, Mindy, editor
Loke, Alexander, editor
Vogenauer, Stefan, 1968- editor.
ISBN 9780192535634
0192535633
9780191845994
019184599X