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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law

Unlocking Contract Law (Hardcover, 4th edition): Chris Turner Unlocking Contract Law (Hardcover, 4th edition)
Chris Turner
R5,458 Discovery Miles 54 580 Ships in 12 - 17 working days

The Unlocking the Law series makes the law accessible. Each chapter contains activities such as quick quizzes and self-test questions, key facts charts to consolidate your knowledge and diagrams to aid learning. Cases, judgments and primary source quotations are prominently displayed. Summaries help you understand each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. www.unlockingthelaw.co.uk provides free resources such as multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises.

Q&A Torts (Hardcover, 11th edition): Birju Kotecha Q&A Torts (Hardcover, 11th edition)
Birju Kotecha
R5,419 Discovery Miles 54 190 Ships in 12 - 17 working days

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them:Aim Higher andCommon Pitfalls offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus QandAs and multiple-choice questions to help you focus your revision more effectively.

Media Production Agreements - A User's Guide for Film and Programme Makers (Hardcover): Philip Alberstat Media Production Agreements - A User's Guide for Film and Programme Makers (Hardcover)
Philip Alberstat
R5,148 Discovery Miles 51 480 Ships in 12 - 17 working days

Media Production Agreements is an invaluable reference tool for film, television and video producers and has been written specifically for all those involved in the media industry. Providing legal information and sound advice on the structuring of deals and negotiated agreements, this authoritative guide identifies potential pitfalls in the drafting and arrangement of contracts and proposals. Media Production Agreements contains legal agreements which independent producers, writers and all those involved in the film and television industry are faced with at the outset of a project. Typical agreements and sample contracts are presented in the text and practical explanatory notes provide clarification, caveats and advice. Contracts and agreements discussed include: * option and literary purchase * writer's and director's agreement * co-production agreement * distribution agreement * location agreement * non-disclosure agreement * release from a living person * release for extras * name product and logo release agreement * licence to reproduce still photographs.

Contract, Tort and Restitution Statutes 2012-2013 (Hardcover, 4th edition): James Devenney, Howard Johnson Contract, Tort and Restitution Statutes 2012-2013 (Hardcover, 4th edition)
James Devenney, Howard Johnson
R5,317 Discovery Miles 53 170 Ships in 12 - 17 working days

Focused content, layout and price - Routledge competes and wins in relation to all of these factors - Craig Lind, University of Sussex, UK The best value and best format books on the market. - Ed Bates, Southampton University, UK Routledge Student Statutes are: Exam Friendly: un-annotated and conforming to exam regulations Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

Contract Lawcards 2012-2013 (Hardcover, 8th edition): Routledge Contract Lawcards 2012-2013 (Hardcover, 8th edition)
Routledge
R5,275 Discovery Miles 52 750 Ships in 12 - 17 working days

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evide

Contract as Assumption - Essays on a Theme (Hardcover): Brian Coote Contract as Assumption - Essays on a Theme (Hardcover)
Brian Coote; Edited by Rick Bigwood; Preface by Rick Bigwood
R2,892 Discovery Miles 28 920 Ships in 12 - 17 working days

It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.

Theorising Green Criminology - Selected Essays (Paperback): Rob White Theorising Green Criminology - Selected Essays (Paperback)
Rob White
R1,143 Discovery Miles 11 430 Ships in 9 - 15 working days

1. This book has a multi-disciplinary market across criminology, sociology, law and environment and sustainability studies. 2. Rob White is the key figure in the development of Green Criminology; courses on the topic are usually at upper-level undergraduate so this will find a market as a supplementary for students looking to understand theoretical and conceptual approaches with the seminal essays all in one place.

Optimize Contract Law (Paperback, 2nd edition): Kathrin Kuhnel-Fitchen, Tracey Hough Optimize Contract Law (Paperback, 2nd edition)
Kathrin Kuhnel-Fitchen, Tracey Hough
R1,155 Discovery Miles 11 550 Ships in 12 - 17 working days

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams. This second edition has been fully amended to reflect the latest cases and developments in the Law, as well as new and improved diagrams throughout

Contract Rules (student edition) - Decoding English Law (Paperback, Student ed): Neil Andrews Contract Rules (student edition) - Decoding English Law (Paperback, Student ed)
Neil Andrews
R2,978 Discovery Miles 29 780 Ships in 12 - 17 working days

Contract Rules Decoding English Law encapsulates the general part of the English contract system. For the first time this complex body of law is presented in an accessible and structured form.Marshalling the legal sources, it arranges the law into 24 parts comprising 198 Articles. Comments and Literature sections for each Article supply references to the leading cases and statutory sources, and to the leading specialist literature.Article by Article, the judge, lawyer, researcher, foreign advisor, arbitrator, commentator or student can instantly and reliably locate the relevant rule and supporting primary and secondary sources and materials.Such convenient access to English contract law will be attractive throughout the global commercial world.

Technology-Driven Corporate Alliances - A Legal Guide for Executives (Hardcover): Alan S Gutterman Technology-Driven Corporate Alliances - A Legal Guide for Executives (Hardcover)
Alan S Gutterman
R2,714 Discovery Miles 27 140 Ships in 10 - 15 working days

The comprehensive guide to all the essential legal and business considerations to be taken into account in structuring and negotiating technology-driven corporate alliances. Readers are provided with a clear and concise introduction to the nature and scope of the legal rights relating to new technologies and a framework for evaluating prospective business partners and for identifying the key contracting issues. An indispensable resource for consummating licensing, research and development, manufacturing and distribution, and corporate partnering arrangements, as well as managing relationships with university researchers and raising capital for research activities.

Entrepreneurs, executives, technology managers, lawyers, accountants and researchers will benefit from the step-by-step approach to each technology-driven transaction, beginning with the description of the law of technology and intellectual property; continuing with the initial investigation of the technology which is to be the subject of the transaction and the general contractual components of any transaction; and ending with the essential elements of each relationship, including permitted uses of the technology, compensation, representations and warranties, covenants, closing conditions, indemnification, and the procedures for ensuring that the technology remain a valuable asset for each party. The book covers each of the stages involved in developing, manufacturing, licensing, distributing, and financing technology-based products and will serve as an invaluable and constant resource in making sure that all of the important issues have been considered before the deal is sealed.

Insurance Law - Text and Materials (Hardcover, 2nd edition): Ray Hodgin Insurance Law - Text and Materials (Hardcover, 2nd edition)
Ray Hodgin
R4,935 Discovery Miles 49 350 Ships in 12 - 17 working days

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

European Contract Law and the Digital Single Market - The Implications of the Digital Revolution (Paperback): Alberto De... European Contract Law and the Digital Single Market - The Implications of the Digital Revolution (Paperback)
Alberto De Franceschi; Contributions by Alberto De Franceschi, Christian Twigg-Flesner, Herbert Zech, Pietro Franzina, …
R2,127 Discovery Miles 21 270 Ships in 12 - 17 working days

The EU is committed to making the Single Market fit for the digital age, by enhancing the protection of consumers and data subjects, while providing businesses with the legal certainty they need to invest in this field and support growth and innovation. In this context, European Contract Law and the Digital Single Market, an edited collection consisting of carefully selected contributions by leading scholars, addresses the impact of digital technology on European Private Law in light of the latest legislative developments including the EU Regulation of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on free movement of such data, as well as the European Commission's proposals of 9 December 2015 for a Directive on the supply of digital content, for a Directive on online and other distance sale of goods and for a Regulation on the cross-border portability of online content services in the internal market. The book analyses new and urgent issues in the field of contract, data protection, copyright and private international law: namely the EU approach to personal information as a tradeable commodity and as the object of a fundamental right of the individuals concerned, the protection of consumers' and users' rights in contracts for the supply of digital content and on online and other distance sales of goods, the cross-border portability of online content services, the new features of standard contracts in the digital market and the issues surrounding the emergence of the so called platform economy.Written for both scholars and practitioners, this edited collection provides clear answers to the challenges posed by the digital revolution and acts as a solid basis for further developments of EU law.

NEC4: 100 Questions and Answers (Paperback): Kelvin Hughes NEC4: 100 Questions and Answers (Paperback)
Kelvin Hughes
R1,634 Discovery Miles 16 340 Ships in 9 - 15 working days

This book details some of the most important and interesting questions raised about the NEC4 family of contracts and provides clear, comprehensive answers to those questions. Written by an NEC expert with over 20 years' experience using, advising and training others, the book has several distinctive features: It covers the whole NEC4 family It is written by a very experienced NEC author who explains sometimes complex issues in a simple and accessible style The questions and answers range from beginner level up to a masterclass level The questions are real life questions asked by actual NEC practitioners on real projects. The book includes questions and answers relating to tendering, early warnings, programme issues, quality management, payment provisions, compensation events, liabilities, insurances, adjudication, termination and much more. It is essential reading for anyone working with the NEC4 family of contracts, whether professionals or students in construction, architecture, project management and engineering.

Business Law (Paperback, 4th edition): David Kelly, Ruby Hammer, Janice Denoncourt, John Hendy Business Law (Paperback, 4th edition)
David Kelly, Ruby Hammer, Janice Denoncourt, John Hendy
R1,402 Discovery Miles 14 020 Ships in 9 - 15 working days

This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.

A Handbook of Dispute Resolution - ADR in Action (Hardcover): Karl J Mackie, Karl Mackie A Handbook of Dispute Resolution - ADR in Action (Hardcover)
Karl J Mackie, Karl Mackie
R5,433 Discovery Miles 54 330 Ships in 12 - 17 working days

"A Handbook of Dispute Resolution" examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling, and litigation. The book explains what distinguishes alternative dispute resolution (ADR) from other forms of dispute resolution and examines the role ADR can play in the many situations where litigation would once have been the only option, such as family law and company law. In some areas, such as industrial relations, ADR is not an alternative, but the main method of conflict intervention.
In this study, several contributors draw on their experience in negotiating between management and unions. Detailed attention is also given to the wide variety of methods open to the non-litigious, including the use of ombudsmen, negotiation, small-claims courts, and mini-trials.
Because ADR is a new concept, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues, with case studies drawn from the international arena -- China, Canada, Australia, Germany, and North America -- to place ADR in a cultural and historical perspective.

The French Contract Law Reform: a Source of Inspiration? (Paperback): Sophie Stijns, Sanne Jansen The French Contract Law Reform: a Source of Inspiration? (Paperback)
Sophie Stijns, Sanne Jansen; Contributions by Sanne Jansen, Sophie Stijns, Sander Van Loock, …
R2,185 Discovery Miles 21 850 Ships in 12 - 17 working days

The French projet d'ordonnance, which reformed contract law, the general regime of obligations and the proof of obligations appeared in February 2015. One year later, in February 2016, the final version of the ordonnance was published. The ordonnance thoroughly reforms French contract law and the law of obligations and will enter into force in October 2016.This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: 'The French Contract Law Reform: a Source of Inspiration?' Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance. Whereas Van Loock briefly sketches the antecedents and the outcome of the reform, the other authors each tackle specific topics of the reform that surprised and/or excited the legal community. Pannebakker tackles the precontractual phase and assesses the attractiveness of the reform for international commercial transactions. Peeraer gives a critical overview of the doctrine of nullity in the ordonnance. Leone explores the potential impact of the 'significant imbalance' test in the new ordonnance on employment contracts. In their contributions, Lutzi and Oosterhuis discuss the much-debated provision that introduces the theory of imprvision. The contributions by Jansen and Verkempinck are both focused on remedies: the newly introduced price reduction remedy and damages. Storme criticises the new rules on set-off in the ordonnance, and Mah addresses the question why the final version of the ordonnance omitted the issue of interpersonal effects of fundamental rights on contractual freedom.

Corporate Liability - A Study in Principles of Attribution (Hardcover): Cheong-Ann Png Corporate Liability - A Study in Principles of Attribution (Hardcover)
Cheong-Ann Png
R4,769 Discovery Miles 47 690 Ships in 10 - 15 working days

When infringement or wrongdoing is alleged against a corporation, where are we to look for the imputed reprehensible conduct or knowledge on which the case must depend? This is a question that is asked and asked again as each expansion and intensification of corporate activity gives rise to ever more complex issues of accountability and responsibility. This theoretical study builds on classic and recent work in the field to provide a systematic and coherent analysis of corporate liability in its current context. Focusing on rules of attribution developed in a notable series of English cases, the author explains in detail the various ways in which these rules may be applied in civil, criminal, and regulatory proceedings against corporate defendants. The book exposes the circumstances in which corporations, as legal persons, may incur personal liability for the acts or omissions of their servants or agents that were carried out in the course of their employment, defining the means through which corporate liability must be determined. It focuses on the personal liability of corporations, incorporating common law principles of vicarious liability and agency as well as exceptions arising from the Companies Act 1985 and other legislation. The study covers such important areas as the following: the "problem of many hands," in which individual servants or agents may be aware of only a portion of a corporate transaction or undertaking; the traditional "directing mind" theory as one of the means of identifying the relevant individuals whose conduct or state of knowledge may result in corporate liability; the development of "principles of attribution" as a framework for approaching different situations where liability may be established against corporations; a new concept of "aggregation" which allows, under particular circumstances, the collective knowledge of various individuals to be attributed to the corporation; the relevance of "Chinese Walls" in limiting the extent to which principles of attribution apply; and a comprehensive survey of the different circumstances in which corporations, including holding corporations in corporate groups, and their servants and agents may incur liability. This title is more than a mere legal device for practical purposes. It is rigorously based on the theoretical foundations of corporations, particularly the all-important interplay between the individualistic and collective aspects of the corporate persona.

The Foundations of Engineering Contracts (Hardcover): F R Roulston **Decd**, M. O'C. Horgan, F. R Roulston The Foundations of Engineering Contracts (Hardcover)
F R Roulston **Decd**, M. O'C. Horgan, F. R Roulston
R5,281 Discovery Miles 52 810 Ships in 12 - 17 working days

A contract should set out in writing precisely what are the agreed intentions of the parties under any circumstances. A skilled contract draughtsperson will produce a document that avoids misunderstandings and undefined areas of responsibility, ensuring a harmonious relationship between the parties during the performance of the works. This guide explains the main features of contracts applicable to the design, construction and servicing of civil, building, electrical or mechanical works. Throughout, the emphasis is on practical guidance, with explanations of the essential elements including legality, uncertainty, undue influence, agencies, overseas works, sub-contracts and quality assurance. Numerous appendices give common terms used in contracts, typical sets of standard conditions and more useful information.

Regulating Public Procurement - National and International Perspectives (Hardcover): Sue Arrowsmith, John Linarelli, Don... Regulating Public Procurement - National and International Perspectives (Hardcover)
Sue Arrowsmith, John Linarelli, Don Wallace Jr.
R11,217 Discovery Miles 112 170 Ships in 10 - 15 working days

Because of its enormous economic power and susceptibility to corruption, public procurement - the purchase by government of goods and services - has come under increasing regulation as world trade expands. Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy. This work should educate government officials, trade lawyers, and students in how to comply with existing and emerging regulatory schemes as they: select a contractor and plan the contract, with detailed attention to terms, conditions and specifications; allow for national security, national industrial development, and environmental protection; get value for money and avoid waste of public funds; publicize contracts; combat corruption; secure successful completion of contracts; balance pressures to buy from domestic sources with the economic benefits of international competition; harness procurement power to promote social and environmental goals; enforce compliance with public procurement rules; and recognize circumstances under which discretion-based (rather than rules-based) initiatives may be more effective.

Share Purchase Agreements - Belgian Law and Practice (Hardcover): Bart Bellen Share Purchase Agreements - Belgian Law and Practice (Hardcover)
Bart Bellen
R4,800 Discovery Miles 48 000 Ships in 12 - 17 working days

This book analyses share purchase agreements governed by Belgian law used for company acquisitions, whereby a purchaser acquires control over a Belgian target company through the acquisition of a controlling shareholding. The object of such sale and purchase agreements is not a static, inanimate object, but consists of a shareholding in a company whose business and balance sheet evolve while the parties negotiate its acquisition.Such share purchase agreements and the negotiations leading up to them create a particular triangular interaction and relationship between the seller, the purchaser and the target company. These aspects make share purchase agreements different from, and often more complex than, sale and purchase agreements relating to other objects.The analysis set out in this book is written from a practitioner's perspective and focuses on the application of classic civil and corporate law concepts in the particular context of share purchase agreements. The theoretical background of all legal concepts is discussed and analysed, with due consideration for the practical relevance of the analysis.The reader is guided through the successive stages of a share purchase agreement. Each chapter includes a section containing sample clauses and concludes with an overview of relevant legislation, case law, legal doctrine and other sources of law.The book concludes with an index of the concepts used and a separate lexicon of the corresponding Belgian law terms in Dutch and French.

Contract Law (Hardcover, 4th edition): Mary Charman Contract Law (Hardcover, 4th edition)
Mary Charman
R4,577 Discovery Miles 45 770 Ships in 12 - 17 working days

This textbook covers the Contract Law option of the new A-level law syllabus, and provides at the same time an ideal introduction for anybody coming to the subject for the first time. The book covers all A-level syllabuses/specification requirements, and is written by the principal examiner in Contract Law for one of the major examination boards. It contains extensive case illustration, and a range of examination related questions and activities. There is a special focus on key skills, and on the new synoptic assessment syllabus requirements. This fully updated fourth edition builds upon the success of the first three editions, with new case law (especially on offer and acceptance, legal intent, terms, exemption clauses and misrepresentation remedies) and coverage of new statute law (especially Unfair Terms in Consumer Contracts Regulations).

Information and Notification Duties (Paperback): Ilse Samoy, Marco Loos Information and Notification Duties (Paperback)
Ilse Samoy, Marco Loos; Contributions by Sanne Jansen, Johanna Waelkens, Johan Vannerom, … 2
R1,688 Discovery Miles 16 880 Ships in 12 - 17 working days

Technological and economical developments require contracting parties to be informed and advised: informed about the characteristics of the services or the goods they order; well advised about their choices and options; informed about the remedies that may be used against them; and well protected from the consequences of a lack of information or notification.This book analyses several aspects of these information and notification duties. It is the result of fruitful collaboration as part of the Ius Commune Research Schools Contract Law and Law of Obligations research programme. Information and notification duties were the theme of a contract law workshop during the 19th Ius Commune Conference in Edinburgh in November 2014. This book contains the proceedings of that workshop, with contributions by Sanne Jansen (Leuven), Johanna Waelkens (Leuven), Johan Vannerom (Leuven), Carien de Jager (Groningen), Joasia Luzak (Amsterdam), Gerard de Vries (Amsterdam), and Mark Kawakami and Catalina Goanta (Maastricht), with an introduction by Ilse Samoy (Leuven) and Marco B.M. Loos (Amsterdam).

The Application of the Theory of Efficient Breach in Contract Law - A Comparative Law and Economics Perspective (Paperback):... The Application of the Theory of Efficient Breach in Contract Law - A Comparative Law and Economics Perspective (Paperback)
Wenqing Liao
R2,755 Discovery Miles 27 550 Ships in 12 - 17 working days

This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them.The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two.

The Law of Obligations - Connections and Boundaries (Hardcover): Andrew Robertson The Law of Obligations - Connections and Boundaries (Hardcover)
Andrew Robertson
R3,987 Discovery Miles 39 870 Ships in 12 - 17 working days

This collection of essays makes an important contribution to debate about the structure underlying private law and the relationships between its different branches. The contributors, including leading private law scholars from Australia, England and Canada, provide valuable insights by looking beyond the traditional categories and accepted structure of the law of obligations. This book covers three topics. The first is concerned with classification and the law of remedies. The chapters on this topic deal with both the classification of remedies themselves and with remedial issues that cross classificatory boundaries within the law of obligations. The chapters on the second topic reconsider some of the boundaries drawn by judges and scholars within the law of obligations. The third topic deals with the relationship between obligations and property. The chapters in this book offer illuminating new perspectives on fundamental issues in the law of obligations. Together, they provide a thought-provoking reconsideration of connections and boundaries in private law.

The Architecture of European Codes and Contract Law (Hardcover): Stefan Grundmann, Martin Schauer The Architecture of European Codes and Contract Law (Hardcover)
Stefan Grundmann, Martin Schauer
R6,152 Discovery Miles 61 520 Ships in 10 - 15 working days

The ongoing debate on the harmonisation of European contract law has metamorphosed into an important recognition: that none of the existing national systems of contract law, even the most 'modern,' have been able to keep pace with the extensive and radical changes in the world which contract law must reflect. The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential 'architecture' of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; the apparent necessity to merge consumer contract law (i.e., such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and, the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors' perspectives cover a wide range of jurisdictions, including new EU Member States. The book's overall commitment to an integration of comparative law, EC law, and the debate on European codification gives it both an authority and an immediacy that offer interested practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far, a model which might serve as a basis for Europe-wide and perhaps even worldwide discussion.

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