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Books > Law > Jurisprudence & general issues > Foundations of law > Common law
This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. The work will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.
This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more coherently. The collection is centred upon the theme of the leading case - a case where the judgment has established a long-lasting or far-reaching precedent in Common Law, and the author has selected a number of these cases in order to illustrate how the precedents established by the cases had little or nothing to do with the trials themselves.
"Selected Writings of Sir Edward Coke Poster".
This book brings together past and present law commissioners,
judges, practitioners, academics and law reformers to analyse the
past, present and future of the Law Commissions in the United
Kingdom and beyond. Its internationally recognised authors bring a
wealth of experience and insight into how and why law reform does
and should take place, covering statutory and non-statutory reform
from national and international perspectives. The chapters of the
book developed from papers given at a conference to mark the
fiftieth anniversary of the Law Commissions Act 1965.
This volume arises from the inaugural Public Law Conference hosted
in September 2014 by the Centre for Public Law at the University of
Cambridge, which brought together leading public lawyers from a
number of common law jurisdictions. While those from such
jurisdictions share background understandings, significant
differences within the common law world create opportunities for
valuable exchanges of ideas and debate. This collection draws upon
one of the principal sub-themes that emerged during the conference
- namely, the the way in which relationships and distinctions
between the notions of 'process' and 'substance' play out in
relation to and inform adjudication in public law cases. The essays
contained in this volume address those issues from a variety of
perspectives. While the bulk of the chapters consider topical
issues in judicial review, either on common law or human rights
grounds, or both, other chapters adopt more theoretical,
historical, empirical or contextual approaches. Concluding chapters
reflect generally on the papers in the collection and the value of
facilitating cross-jurisdictional dialogue.
Inspired by the work of Professor Michael Taggart, this collection
of essays from across the common law world is concerned with two
separate but related themes. First, to what extent and by what
means should review on substantive grounds such as unreasonableness
be expanded and intensified? Jowell, Elliott and Varuhas all agree
with Taggart that proportionality should not 'sweep the rainbow',
but propose different schemes for organising and conceptualising
substantive review. Groves and Weeks, and Hoexter evaluate the
state of substantive review in Australia and South Africa
respectively. The second theme concerns the broader (Canadian)
sense of substantive review including the illegality grounds, and
whether deference should extend to these grounds. Cane and Aronson
consider the relevance and impact of different constitutional and
doctrinal settings. Wilberg and Daly address questions concerning
when and how deference is to operate once it is accepted as
appropriate in principle. Rights-based review is discussed in a
separate third part because it raises both of the above questions.
Geiringer, Sales and Walters examine the choices to be made in
settling the approach in this area, each focusing on a different
dichotomy. Taggart's work is notable for treating these various
aspects of substantive review as parts of a broader whole, and for
his search for an appropriate balance between judicial scrutiny and
administrative autonomy across this entire area. By bringing
together essays on all these topics, this volume seeks to build on
that approach.
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