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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
This book is designed for use in a single-semester, less than
six-credit hours, contracts course. Drawing on the best features of
the case method, it departs from the standard, reference-oriented
texts, in order to provide concise, coherent, and teaching-oriented
materials with a focus on principal cases, questions and notes. The
goal of the book is to introduce the deep-seated topics of concern
to the law of contracts with selective brevity, in choosing
readings in classic and contemporary cases, and UCC and restatement
sources, interesting hypotheticals and theoretical and practical
reflections. This book also updates the conventional presentation
of the subject by providing a more substantive treatment of the law
of restitution and of relevant international and comparative
materials.
Vessels very frequently serve under a long chain of charterparties
and sub-charterparties. When this is the case, the legal issues are
more convoluted than they might at first seem. Incorporation
clauses are commonplace in bills of lading used in the tramp trade
due to the desire to make this web of contracts back-to-back. The
extent to which the terms of the charterparty referred to can be
carried across to the bill of lading has, over the centuries, been
hotly disputed in many jurisdictions. Entirely dedicated to the
topic of the incorporation of charterparty terms into bills of
lading, this book discusses and analyses the legal and practical
issues surrounding this topic under English and US law. Through
discussions on the incorporation of a wide range of different
charterparty terms, the book combines the peculiar and
sophisticated rules of incorporation with the legal and practical
issues concerning shipping, international trade, arbitration and
conflict of laws and jurisdiction.
Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel
by Representation, is the highly regarded and long established
textbook on the doctrines of reliance-based estoppel, by which a
party is prevented from changing his position if he has induced
another to rely on it such that the other will suffer by that
change. Since the fourth edition in 2003 the House of Lords has
decided two proprietary estoppel cases, Cobbe v Yeoman's Row
Property Management Ltd and Thorner v Major, whose combined effect
is identified as helping to define a criterion for a reliance-based
estoppel founded on a representation, namely that the party
estopped actually intends the estoppel raiser to act in reliance on
the representation, or is reasonably understood to intend him so to
act. Other developments in the doctrine of proprietary estoppel
have required a complete revision of the related chapter, Chapter
12, in this edition. Thorner v Major confirms too the submission in
the fourth edition that unequivocality is a requirement for any
reliance-based estoppel founded on a representation. Other views
expressed in the fourth edition are also noted to have been upheld,
such as the recognition that an estoppel may be founded on a
representation of law (Briggs v Gleeds), that a party may preclude
itself from denying a proposition by contract as well as another's
reliance (Peekay Intermark Ltd v Australia and New Zealand Banking
Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank)
and that an estoppel by deed binds by agreement or declaration
under seal rather than by reason of reliance (Prime Sight Ltd v
Lavarello). With the adjustment reflected in the change of title,
and distinguishing the foundation of estoppels that bind by deed
and by contract, the editors adopt Spencer Bower's unificatory
project by the identification of the reliance-based estoppels as
aspects of a single principle preventing a change of position that
would be unfair by reason of responsibility for prejudicial
reliance. From this follow the views: that reliance-based estoppels
have common requirements of responsibility, causation and
prejudice; that estoppel by representation of fact is, like the
other reliance-based estoppels, a rule of law; that the result of
estoppel by representation of fact may, accordingly, be mitigated
on equitable grounds to avoid injustice; that the result of an
estoppel by convention depends on whether its subject matter is
factual, promissory or proprietary; that a reliance-based estoppel
(other than a proprietary estoppel, which uniquely generates a
cause of action) may be deployed to complete a cause of action
where, absent the estoppel, a cause of action would not lie, unless
it would unacceptably subvert a rule of law (in particular the
doctrine of consideration); that an estoppel as to a right in or
over property generates a discretionary remedy; and that the
prohibition on the deployment of a promissory estoppel as a sword
should be understood as an application of the defence of
illegality, viz that an estoppel may not unacceptably subvert a
statute or rule of law.
The law of torts recognises many defences to liability. While some
of these defences have been explored in detail, scant attention has
been given to the theoretical foundations of defences generally. In
particular, no serious attempt has been made to explain how
defences relate to each other or to the torts to which they
pertain. The goal of this book is to reduce the size of this
substantial gap in our understanding of tort law. The principal way
in which it attempts to do so is by developing a taxonomy of
defences. The book shows that much can be learned about a given
defence from the way in which it is classified. This new paperback
edition contains a substantial preface in which the author responds
to critics. Reviews 'James Goudkamp's book can rightly claim to be
the first serious attempt to examine tort law defences
systematically and it is a very important addition to the private
law canon ... [His] analysis is consistently thought-provoking ...
[T]his book will provide the framework for future analysis of all
private law defences'. Graham Virgo, The Cambridge Law Journal
'This book ... is the first sustained attempt in the modern law to
explore the theoretical foundations of the defences to liability
recognised by the law of tort and their interrelationship ... [It
is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook
of European Tort Law 'James Goudkamp's Tort Law Defences fills a
startling gap in tort law scholarship... [It] provides an
impressive foundation for the future study of defences, and will
undoubtedly become the standard against which all other works are
measured'. Erika Chamberlain, Canadian Business Law Journal
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