Furmston and Tolhurst on Contract Formation Law and Practice 3rd ed.

Authors:

G.J. Tolhurst, Elisabeth Peden

ISBN: 9780192868084

Published: 2023 (3rd ed.)

Format: Hardback

Language: English

Publisher: Oxford University Press

Description:

Furmston and Tolhurst on Contract Formation: Law and Practice, 3rd edition, provides a scholarly and practical analysis of the legal principles governing the formation of contracts in English law, guiding those involved in litigation and in drafting contracts through the application of those principles in practice.

Key Features:

Comprehensive review of the classical rules governing contract formation. Extensive coverage of difficult areas including certainty, conditional contracts, good faith negotiations, auctions, tenders and online contracting. Dedicated treatment of contracts formed online and "by" computers, directly relevant to current clickwrap and browsewrap disputes. Discussion of heads of agreement, letters of intent and letters of comfort, and the methods of resolving a battle of the forms. Updated to reflect significant decisions including Devani v Wells [2019] and Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016].

Coverage:

Formation and the concept of agreement; offers and invitations to treat; termination and revocation of offers; acceptance; auctions and tenders; contracts formed online and "by" computers; letters of intent and comfort; conditional contracts; intention to contract; certainty and completeness; consideration; duty to negotiate in good faith; pre-contractual liability. Although based on English law, the authors draw on decisions from Australia, Canada, the United States, Singapore and New Zealand where these inform the development of English law principles.

About the Authors:

G.J. Tolhurst is Professor of Commercial Law at the University of Sydney and CEO of the Australian Bar Association; he is the former Executive Director of the NSW Bar Association. Elisabeth Peden is a Judge of the Supreme Court of New South Wales, and a former Barrister, Senior Counsel and Professor of Law at the University of Sydney.

Table of Contents:

1. Formation and the Concept of Agreement — 2. Offers and Invitations to Treat — 3. Termination and Revocation of Offers — 4. Acceptance — 5. Auctions and Tenders — 6. Contracts Formed Online and "By" Computers — 7. Letters of Intent and Comfort — 8. Conditional Contracts — 9. Intention to Contract — 10. Certainty and Completeness — 11. Consideration — 12. Is There a Duty to Negotiate in Good Faith — 13. Pre-Contractual Liability.

Why buy this book?

This is the leading English-law reference on contract formation, combining doctrinal depth with the practical guidance litigators and drafters need — including one of the few dedicated treatments of how contracts form online, a question now actively contested in 2026 case law on clickwrap and browsewrap agreements. Essential for law firms, chambers, and academic and professional law libraries maintaining a core contract law collection.

Keywords:

contract formation, English contract law, offer and acceptance, online contracts, clickwrap agreements, letters of intent, good faith negotiation, certainty and completeness, contract law practitioners, Oxford University Press

Target Audience:

contract litigators, contract drafters, commercial lawyers, academics, law libraries, chambers, corporate counsel

Genre:

Law, Contract Law, Commercial Law, English Law

Q&A

What does this book cover?
The legal principles governing contract formation in English law — offer and acceptance, certainty, conditional contracts, good faith negotiations, auctions and tenders, and contracts formed online and "by" computers, including the battle of the forms.

Who is this book written for?
Contract litigators, drafters, and academics working on the law of contract formation, as well as law libraries and chambers building a core contract law collection.

Does it address online and computer-formed contracts?
Yes — Chapter 6 is dedicated to contracts formed online and "by" computers, directly relevant to current disputes over clickwrap and browsewrap agreement design.

Is this the current edition?
Yes, this is the 3rd edition (2023), updated to reflect recent case law including Devani v Wells [2019] and Crown Melbourne Ltd v Cosmopolitan Hotel [2016].

Where can I buy Furmston and Tolhurst on Contract Formation: Law and Practice, 3rd ed.?
You can order this title directly from CLNZ Books at clnzbooks.com.

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