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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)

Rethinking the Law of Contract Damages (Paperback): Victor P. Goldberg Rethinking the Law of Contract Damages (Paperback)
Victor P. Goldberg
R963 Discovery Miles 9 630 Ships in 12 - 17 working days

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.

A Treatise on the Criminal Law of the United States (Paperback): Francis Wharton A Treatise on the Criminal Law of the United States (Paperback)
Francis Wharton
R805 Discovery Miles 8 050 Ships in 12 - 17 working days
The Demurrer - or Proofs of Error in the Decision of the Supreme Court of the State of New York: Requiring Faith in Particular... The Demurrer - or Proofs of Error in the Decision of the Supreme Court of the State of New York: Requiring Faith in Particular Religious Doctrines as a Legal Qualification of Witnesses; Thence Establishing by Law a Religious Test, and a Religious Creed (Paperback)
Thomas Herttell
R355 Discovery Miles 3 550 Ships in 12 - 17 working days
Famous Cases of Circumstantial Evidence (Paperback): S. N. Phillips Famous Cases of Circumstantial Evidence (Paperback)
S. N. Phillips
R389 Discovery Miles 3 890 Ships in 12 - 17 working days
A Treatise on the Law of Evidence (Paperback): Simon Greenleaf A Treatise on the Law of Evidence (Paperback)
Simon Greenleaf
R772 Discovery Miles 7 720 Ships in 12 - 17 working days
The Law of Infancy and Coverture (Paperback): Peregrine Bingham The Law of Infancy and Coverture (Paperback)
Peregrine Bingham
R484 Discovery Miles 4 840 Ships in 12 - 17 working days
A Treatise on the Criminal Law of the United States (Paperback): Francis Wharton A Treatise on the Criminal Law of the United States (Paperback)
Francis Wharton
R707 Discovery Miles 7 070 Ships in 12 - 17 working days
A Treatise on the Criminal Law of the United States - Comprising a General View of the Criminal Jurisprudence of the Common and... A Treatise on the Criminal Law of the United States - Comprising a General View of the Criminal Jurisprudence of the Common and Civil Law, and a Digest of the Penal Statutes of the General Government and of Massachusetts, New York, Pennsylvania, Virginia, (Paperback)
Francis Wharton
R805 Discovery Miles 8 050 Ships in 12 - 17 working days
A Treatise on the Criminal Law of the United States (Paperback): Francis Wharton A Treatise on the Criminal Law of the United States (Paperback)
Francis Wharton
R741 Discovery Miles 7 410 Ships in 12 - 17 working days
The Demurrer - or Proofs of Error in the Decision of the Supreme Court of the State of New York: Requiring Faith in Particular... The Demurrer - or Proofs of Error in the Decision of the Supreme Court of the State of New York: Requiring Faith in Particular Religious Doctrines as a Legal Qualification of Witnesses; Thence Establishing by Law a Religious Test, and a Religious Creed (Paperback)
Thomas Herttell
R356 Discovery Miles 3 560 Ships in 12 - 17 working days
A Treatise on the Criminal Law of the United States (Paperback): Francis Wharton A Treatise on the Criminal Law of the United States (Paperback)
Francis Wharton
R806 Discovery Miles 8 060 Ships in 12 - 17 working days
Research Handbook on Remedies in Private Law (Hardcover): Roger Halson, David Campbell Research Handbook on Remedies in Private Law (Hardcover)
Roger Halson, David Campbell
R5,683 Discovery Miles 56 830 Ships in 12 - 17 working days

The purpose and doctrinal structure of private law remedies has undergone fundamental questioning over the last 25 years. This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent. Leading contributors from across the globe thoroughly analyse the steps taken to improve the clarity and functioning of the law and examine additions to the law's difficulties. Providing a uniquely in-depth engagement with the doctrine and theory of the topic, this Research Handbook will be of great interest to academics and students working and studying contract, equity, restitution or tort law, as well as practising lawyers in the field.

Property Law (Hardcover): Gregory S. Alexander Property Law (Hardcover)
Gregory S. Alexander
R18,046 Discovery Miles 180 460 Ships in 12 - 17 working days

This important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.

The Public Insult Playbook - How Abusers in Power Undermine Civil Rights Reform (Hardcover): Ruth Colker The Public Insult Playbook - How Abusers in Power Undermine Civil Rights Reform (Hardcover)
Ruth Colker
R529 Discovery Miles 5 290 Ships in 12 - 17 working days

When they go low, we learn: an examination of mudslinging in contemporary American politics-and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse-a technique not invented by but certainly refined by Donald Trump-and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.

Legal Terminology / Regsterminologie - Criminal Law, Procedure and Evidence / Straf-, Strafproses en Bewysreg (English,... Legal Terminology / Regsterminologie - Criminal Law, Procedure and Evidence / Straf-, Strafproses en Bewysreg (English, Afrikaans, Paperback)
R902 R757 Discovery Miles 7 570 Save R145 (16%) Ships in 4 - 8 working days

Legal language, or ‘legalese’ as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: ‘ordinary’ language cannot properly or accurately describe the often complex concepts and issues involved.

This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession.

The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A bilingual publication, this English–Afrikaans / Afrikaans–English dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).

Autopsy of a Crime Lab - Exposing the Flaws in Forensics (Hardcover): Brandon L. Garrett Autopsy of a Crime Lab - Exposing the Flaws in Forensics (Hardcover)
Brandon L. Garrett
R534 Discovery Miles 5 340 Ships in 12 - 17 working days

This book exposes the dangerously imperfect forensic evidence that we rely on for criminal convictions. "That's not my fingerprint, your honor," said the defendant, after FBI experts reported a "100-percent identification." They were wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validate the basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100 percent certainty about a fingerprint, when there is no such thing as a 100 percent match? Where is the quality control in the laboratories and at the crime scenes? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods? Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners.

Advanced Introduction to Private Law (Paperback): Jan M. Smits Advanced Introduction to Private Law (Paperback)
Jan M. Smits
R508 Discovery Miles 5 080 Ships in 12 - 17 working days

'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean. - James Gordley, Tulane University School of Law Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general. Key features include: - succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike - written in a clear and engaging style - ample attention to the policy choices behind the rules - examples from a wide range of jurisdictions in both Europe, the UK and the US - places private law in its larger economic and societal context - addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations - considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.

Arbitration: A Very Short Introduction (Paperback): Thomas Schultz, Thomas Grant Arbitration: A Very Short Introduction (Paperback)
Thomas Schultz, Thomas Grant
R230 R190 Discovery Miles 1 900 Save R40 (17%) Ships in 10 - 20 working days

Very Short Introductions: Brilliant, Sharp, Inspiring Arbitration is a legal dispute resolution mechanism, alternative to courts. It provides binding decisions, enforceable around the world. It is where parties take their disputes when they have agreed that courts, for one reason or another, do not suit them - which happens more often than one might think. Some of the most politically sensitive disputes on the largest scale go to arbitration. Countries which need to settle their boundaries in areas of the oceans rich in oil, gas and other resources sometimes arbitrate, and much of the war in Sudan was eventually tied up with an arbitration. Investors who have staked billions of dollars in unstable developing countries rely on arbitration clauses to protect their investments. But also much smaller, everyday cases are routinely dealt with by arbitration - millions of consumers, whether they know it or not, enter into arbitration contracts when they conclude routine transactions. Even athletes get involved in arbitration cases of great notoriety, for instance when these relate to doping offences during the Olympic Games. This Very Short Introduction explains what arbitration is, how it works, what parties who have agreed to go to arbitration should expect, the relationship between arbitration and the law, and the politics of arbitration. It also considers where the global system of arbitration is headed. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Civil Litigation (Paperback, 14th Revised edition): Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale Civil Litigation (Paperback, 14th Revised edition)
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
R1,061 Discovery Miles 10 610 Ships in 12 - 17 working days

Civil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and a commercial matter, making it suitable for students with either a high street or a commercial focus. Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will find this practical guidance of use in both their study and their work. Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Law Trove will be available from 22 July 2021. Access must be redeemed by 30 June 2022. - The online resources include: case study documentation to support the fictional scenarios referred to in the book; additional chapters covering injunctions, a practical guide to court hearings, instructions to counsel and enforcements of judgment; annotated forms; appendix (links to key Court forms); litigation train timeline to help students put the litigation process in context; podcasts; weblinks; additional case study materials for lecturers, including suggested answers to case study questions; video clips; and a test bank of over 50 multiple choice questions.

Trial Advocacy - Planning, Analysis, and Strategy (Paperback, 4th ed.): Marilyn J. Berger, John B. Mitchell, Ronald H. Clark Trial Advocacy - Planning, Analysis, and Strategy (Paperback, 4th ed.)
Marilyn J. Berger, John B. Mitchell, Ronald H. Clark
R4,236 Discovery Miles 42 360 Ships in 7 - 11 working days
Contract and Regulation - A Handbook on New Methods of Law Making in Private Law (Hardcover): Roger Brownsword, Rob A. J. van... Contract and Regulation - A Handbook on New Methods of Law Making in Private Law (Hardcover)
Roger Brownsword, Rob A. J. van Gestel, Hans W. Micklitz
R4,380 Discovery Miles 43 800 Ships in 12 - 17 working days

Contract law is increasingly used to serve regulatory purposes considered beyond the reach of private law. This Handbook explores a range of modern practices that are not typically treated in standard expositions of this area. By exploring these phenomena, it reveals the changing role of regulatory private law in a globalised legal world - one where distinctions between public and private law, hard law and soft law, and rule making and contracting have become increasingly blurred. Contributors explore key examples drawing on an extensive range of private law. The book pays close attention to the use of codes of conduct to coordinate and steer behaviour in business-to-business and business-to-consumer relationships, concerning health and safety, environment, and employment conditions. It also examines the formation of contractual `networks', such as franchises, to regulate multi-party trade relationships, and the application of contracts and contract law to secure business and consumer compliance with public standards. With its global reach and detailed research, this Handbook will appeal to academics exploring the potential of new law making methods and practitioners looking to gain insight into emerging approaches to private law. Contributors include: A. Beckers, R. Brownsword, R.R. Condon, D. Leczykiewicz, M. Mataija, M.-C. Menting, H.-W. Micklitz, C. Mitchell, M. Namyslowska, E.T.T. Tai, R. van Gestel, P. Verbruggen

The Theory of the Law of Evidence as Established in the United States (Hardcover): William Reynolds The Theory of the Law of Evidence as Established in the United States (Hardcover)
William Reynolds
R691 Discovery Miles 6 910 Ships in 7 - 11 working days
Principles of Tort Law (Paperback, 2nd Revised edition): Rachael Mulheron Principles of Tort Law (Paperback, 2nd Revised edition)
Rachael Mulheron 1
R1,191 Discovery Miles 11 910 Ships in 12 - 17 working days

Presenting the law of tort as a body of principles, this authoritative textbook gives an incisive understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by diagrams and tables which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. Ten additional chapters on more advanced topics can be found online, completing the learning package. This new edition has been updated to take account of important cases, legislative developments and law reform studies since July 2015.

Justifying Contract in Europe - Political Philosophies of European Contract Law (Paperback): Martijn W. Hesselink Justifying Contract in Europe - Political Philosophies of European Contract Law (Paperback)
Martijn W. Hesselink
R971 Discovery Miles 9 710 Ships in 12 - 17 working days

This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.

The Jackson ADR Handbook (Paperback, 3rd Revised edition): Susan Blake, Julie Browne, Stuart Sime The Jackson ADR Handbook (Paperback, 3rd Revised edition)
Susan Blake, Julie Browne, Stuart Sime
R1,351 R1,159 Discovery Miles 11 590 Save R192 (14%) Ships in 12 - 17 working days

The Jackson ADR Handbook was created following recommendations by Lord Justice Jackson for an authoritative handbook for Alternative Dispute Resolution (ADR). The first edition, written in collaboration with a specialist editorial advisory board, laid a strong foundation as an essential guide to ADR, and received judicial endorsement in the Court of Appeal and the Technology and Construction Court. The second edition built upon that success, becoming a set text with the Bar Standards Board. This fully revised third edition integrates a range of important new case law, locates ADR within an increasingly digital landscape, and addresses calls from within the judiciary for ADR to be incorporated at all stages of the dispute resolution process. Designed in a concise, user-friendly format, the text provides an in-depth overview of the options and principles of ADR, before looking at five focused areas: the interplay between ADR, CPR, and litigation; negotiation; mediation; recording and enforcing settlement; and other ADR options including the international perspective. Additional materials such as mediation providers, specimen documents, precedents, and practice tips are available on a companion website at www.oup.com/ADR3e.

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