Chitty on Contracts 36th Edition

Trusted by generations of practitioners and judges across the common law world, Chitty provides unmatched clarity, depth, and authority on every stage of the contractual journey.

Across two volumes - General Principles and Specific Contracts - it delivers comprehensive analysis of legislation and case law, practical guidance on complex issues from formation to remedies, and expert insight into sector-specific agreements.

FEATURES

• Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
• Contains interpretation and analysis of general legislation since the last edition,
• Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
• Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence;
• Treats in detail the Capacity of parties
• Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses;
• Examines Illegality and Public Policy
• Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy
• Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach;
• Studies remedies for breach of contract, including damages and limitations of actions
• Discusses Restitution in relation to contract law
• Analyses conflict of laws as if affects contract law
• Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
• Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established

NEW TO THIS EDITION

The 36th anniversary edition of Chitty incorporates new case law and legislative developments that were available up to 31 July 2025.

The preface to the new edition provides a detailed outline of the new cases considered within each chapter. On the legislative front, there were many new developments. The following are worth mentioning:

Legislation

• Aviation (Consumers) (Amendment) Regulations 2023
• Electronic Trade Documents Act 2023
• Procurement Act 2023, brought into force from February 2025
• Digital Markets, Competition and Consumers Act 2024 (still not fully in force)
• Arbitration Act 2025
• Payment Services and Payment Accounts (Contract Termination) (Amendment) Regulations 2025

Volume 1

Pt 1 Introduction

• 1 Contract Law and "Contracts"
• 2 Fundamental Principles of Contract Law
• 3 Contract Law and other Legal Categories

Pt 2 Formation of Contract

• 4 The Agreement
• 5 Mistakes as to Terms and Identity
• 6 Consideration
• 7 Estoppel
• 8 Form
• 9 Common Mistake

Pt 3 Grounds for Avoidance

• 10 Misrepresentation
• 11 Duress and Undue Influence

Pt 4 Capacity of Parties

• 12 Personal Incapacity
• 13 Corporations and Unincorporated
• 14 The Crown and Public Authorities
• 15 Political Immunity and Incapacity

Pt 5 The Terms of Contract

• 16 Express Terms
• 17 Implied Terms
• 18 Exemption Clauses

Pt 6 Illegality and Public Policy

• 19 Illegality and Public Policy

Pt 7 Joint Obligations, Third Parties, Agency and Assignment

• 20 Joint Obligations
• 21 Third Parties
• 22 Agency
• 23 Assignment and Novation
• 24 Death and Bankruptcy

Pt 8 Performance and Discharge

• 25 Performance
• 26 Discharge by Agreement, Variation and Waiver
• 27 Discharge by Frustration and Force Majeure Clauses
• 28 Termination for Breach
• 29 Other Modes of Discharge

Pt 9 Remedies for Breach of Contract

• 30 Damages
• 31 Action for an Agreed Sum, Specific Performance and Injunction
• 32 Limitation of Actions

Pt 10 Restitution

• 33 Restitution

Pt 11 Conflict of Laws

• 34 Conflict of Laws

Volume 2

• 35 Arbitration
• 36 Bailment
• 37 Bills of Exchange and Banking
• 38 Carriage by Air
• 39 Carriage by Land
• 40 Construction Contracts
• 41 Consumer Contracts
• 42 Credit and Security
• 43 Employment
• 44 Gambling Contracts
• 45 Insurance
• 46 Restrictive Agreements and Competition
• 47 Sale of Goods
• 48 Suretyship

VOLUME I;

Introductory;

PART ONE

• 1 Introduction;

PART TWO FORMATION OF CONTRACT;

• 2 The Agreement;
• 3 Mistake as to the terms or as to identity;
• 4 Consideration;
• 5 Form;
• 6 Common Mistake;
• 7 Misrepresentation;
• 8 Duress and Undue Influence;

PART THREE CAPACITY  OF PARTIES;

• 9 Personal Incapacity;
• 10 Corporations and Unincorporated Associations;
• 11 The Crown, Public Authorities and the European Community;
• 12 Political and Professional Immunity and Incapacity; 

PART FOUR THE TERMS OF THE CONTRACT;

• 13 Express Terms;
• 14 Implied Terms;
• 15 Exemption Clauses; 

PART FIVE  ILLEGALITY AND PUBLIC POLICY;

16 Illegality and Public Policy;

PART SIX JOINT OBLIGATIONS, THIRD PARTIES AND ASSIGNMENT;

• 17 Joint Obligations;
• 18 Third Parties;
• 19 Assignment;
• 20 Death and Bankruptcy;

PART SEVEN PERFORMANCE AND DISCHARGE;

• 21 Performance;
• 22 Discharge by Agreement;
• 23 Discharge by Frustration;
• 24 Discharge by Breach;
• 25 Other modes of discharge;

PART EIGHT REMEDIES FOR BREACH OF CONTRACT;

• 26 Damages;
• 27 Specific Performance and Injunction;
• 28 Limitation of Actions;

PART NINE RESTITUTION;

• 29 Restitution

PART TEN CONFLICT OF LAWS;

• 30 Conflict of Laws;

VOLUME II;

• 31 Agency;
• 32 Arbitration;
• 33 Bailment;
• 34 Bills of Exchange and Banking;
• 35 Carriage by Air;
• 36 Carriage by Land;
• 37 Construction Contracts;
• 38 Consumer contracts;
• 39 Credit and Security;
• 40 Employment;
• 41 Gambling contracts;
• 42 Insurance;
• 43 Restrictive Agreements and Competition;
• 44 Sale of Goods;

45 Suretyship

VOLUME I;

Introductory;

PART ONE

• 1 Introduction;

PART TWO FORMATION OF CONTRACT;

• 2 The Agreement;
• 3 Mistake as to the terms or as to identity;
• 4 Consideration;
• 5 Form;
• 6 Common Mistake;
• 7 Misrepresentation;
• 8 Duress and Undue Influence;

PART THREE CAPACITY  OF PARTIES;

• 9 Personal Incapacity;
• 10 Corporations and Unincorporated Associations;
• 11 The Crown, Public Authorities and the European Community;
• 12 Political and Professional Immunity and Incapacity; 

PART FOUR THE TERMS OF THE CONTRACT;

• 13 Express Terms;
• 14 Implied Terms;
• 15 Exemption Clauses; 

PART FIVE  ILLEGALITY AND PUBLIC POLICY;

16 Illegality and Public Policy;

PART SIX JOINT OBLIGATIONS, THIRD PARTIES AND ASSIGNMENT;

• 17 Joint Obligations;
• 18 Third Parties;
• 19 Assignment;
• 20 Death and Bankruptcy;

PART SEVEN PERFORMANCE AND DISCHARGE;

• 21 Performance;
• 22 Discharge by Agreement;
• 23 Discharge by Frustration;
• 24 Discharge by Breach;
• 25 Other modes of discharge;

PART EIGHT REMEDIES FOR BREACH OF CONTRACT;

• 26 Damages;
• 27 Specific Performance and Injunction;
• 28 Limitation of Actions;

PART NINE RESTITUTION;

• 29 Restitution

PART TEN CONFLICT OF LAWS;

• 30 Conflict of Laws;

VOLUME II;

• 31 Agency;
• 32 Arbitration;
• 33 Bailment;
• 34 Bills of Exchange and Banking;
• 35 Carriage by Air;
• 36 Carriage by Land;
• 37 Construction Contracts;
• 38 Consumer contracts;
• 39 Credit and Security;
• 40 Employment;
• 41 Gambling contracts;
• 42 Insurance;
• 43 Restrictive Agreements and Competition;
• 44 Sale of Goods;

45 Suretyship