This book deals with major contributions by the English Courts in the Twentieth Century to three areas of Contract Law: the variation of contracts by subsequent agreement, the extent to which contracts can benefit or bind third parties, and the distinction between four types of contractual terms: conditions, warranties, intermediate (or innominate) terms and fundamental terms.

Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust,which has lagged behind the flourishing scholarship on the creation of trusts. Since breach of trust or fiduciary duty occupies the centre of the legal stage, it comes as a surprise that, although one or two novelists have chosen 'Breach of Trust' as the title to their book, no lawyer has so far thought it necessary to produce a specialized work on the subject. To fill the gap, this book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject. The nature of the trustee's duties and of the liability for breach is closely examined, and all available defences and excuses are reviewed. Two substantial chapters consider the consequences of assisting a breach or receiving trust property from a trustee acting in breach. The book closes with a critical overview of the entire topic. CONTENTS: 1 Robert Chambers 'Liability for Breach'; 2 Joshua Getzler 'The Duty of Care'; 3 Edwin Simpson 'The Conflict of Interest'; 4 David Fox 'Overreaching'; 5 Lionel Smith 'Property Transferred in Breach'; 6 Charles Mitchell 'Assistance'; 7 Peter Birks 'Receipt'; 8 James Penner 'Exemption clauses'; 9 John Lowry and Rod Edmunds 'Honest and Reasonable Breach'; 10 Jennifer Payne 'Consent'; 11 William Swadling 'Limitation'; 12 Gary Watt 'Laches, Estoppel and Election'; 13 David Hayton 'An Overview'.

This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.

As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. This set of contracts, currently in the third edition, is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC3 Engineering and Construction Short Contract uses plain English to lead the reader through the contract's key features, including: the use of early warnings programme provisions payment compensation events preparing and assessing tenders Common problems are signalled to the reader throughout, and the correct way of reading each clause explained. In addition, the things to consider when deciding between the ECSC and the longer Engineering and Construction Contract are discussed in detail. Written for professionals without legal backgrounds, by a practicing construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 ECSC available. An ideal companion for Employers, Contractors, Project Managers, Supervisors, Engineers, Architects, Quantity Surveyors, Subcontractors, and anyone else interested in working successfully with the NEC3 ECSC.

Sometimes a breach of contract causes loss to a third party. This book takes a comparative approach to the question when the third party can recover that loss directly,and when the promisee can recover it. The second issue has arisen in carriage of goods, bailment, insurance and agency, and is becoming increasingly significant in construction law, as the recent decision in Alfred McAlpine Construction Ltd v. Panatown Ltd shows. The principal aim is to clarify whether and when a promisee is allowed to recover damages on behalf of a third party. The book also examines the impact of the Contracts (Rights of Third Parties) Act 1999 and recent judicial decisions seeking to increase the protection of the interest in the performance of the contract. From the Foreword by Lord Goff of Chieveley: "For those lawyers who, in their teaching of contract law or of the law of damages, or in their work as practising lawyers, have to consider problems arising in this difficult field, this book will provide a context which is both stimulating and illuminating."

The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance of implied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to the practitioner and the academic.

Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth - to the late twentieth - centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.This book contains a collection of new and original articles on the famous contract cases. It includes contributions from well-established scholars analysing both current and historical aspects of contract law. The analysis of the cases will be of interest to barristers, academics and judges.

Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue. The jurisprudential approach draws upon insights of Aristotle, Saint Thomas Aquinas, and other thinkers in the natural law tradition. The author applies this approach to selected legal issues to produce the only contemporary book that uses a natural law approach in prescribing specific reforms in American contract law. Although this study is theoretical, the author, who practiced law for more than eight years, explains technical terms for non-specialist readers. The book employs a pluralistic moral theory and presents a serious challenge to contemporary jurisprudential theories that focus on some single dominant value. A key idea is that contract law should teach and employ certain moral principles when applied to legal issues related to enforceability, remedies, offer and acceptance, and nondisclosure. With respect to each issue, the author compares his proposed resolution with the prevailing current law.

Building Contract Dictionary provides a succinct, but authoritative reference to words, phrases and terms encountered in, and in connection with, building contracts.

For the new edition all entries have been reconsidered and updated in light of case law and legislation and the book has been substantially enlarged since the last edition ten years ago. There are now over 800 separate entries A wide range of contracts has been referenced, including JCT 98, IFC 98, MW 98, WCD 98, PCC 98, MC 98, ACA 3, GC/Works/1 (1998), NEC, NSC/C, DOM/1, DOM/2 as well as topics such as adjudication, arbitration and the Civil Procedure Rules.

It will provide an invaluable reference for architects, quantity surveyors, project managers and contractors. It will also find a ready readership among all construction lawyers.

"This is an indispensable book which provides a succinct but authoritative reference to "words, phrases and terms" encountered in the construction industry. ...many of the entries give a substantial commentary on a variety of matters you always wanted to know about but never got round to finding out."

Arbitration

Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions.
Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.

One party induces an assumption in the mind of another. Australian law has arguably given expression to three moral duties relating to induced assumptions: the duty to keep promises, the duty not to lie and the duty to ensure the reliability of induced assumptions. This book expounds the third of these duties and shows how it can be used to shape "equitable" estoppel, a doctrine emerging from the decisions of the High Court of Australia in Waltons Stores and Verwayen. It does not purport to cover the entire law of estoppel, but does examine, analytically, how the doctrine might operate in a series of problematic cases at the edge of contract law.

The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.

A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.

'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.

This book provides a solid background on various principal civil engineering contracts including the ICE 6th, the NEC2, the Arbitration and Conciliation Acts and the Housing Grants, Construction and Regeneration Act 1998. It also includes commentary on the ICE 7th and international contracts. The book provides a concise introduction to contract law and discusses various standard forms of contract used in civil engineering projects to provide an analysis of the various contract options.

This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules. The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape. The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.

Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a "restatement" of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied. The UNIDRIOT Principles in Practice provides a comprehensive collection of international caselaw and bibiliographic materials relating to the Principles. In particular, it contains: the text and official comments of the UNIDROIT Principles; over 70 decisions by courts and arbitral tribunals worldwide referring to the UNIDROIT Principles; a vast bibliography. In addition to a general bibliography, there are bibliographical references pertinent to individual articles. Published under the Transnational Publishers imprint.

The topic of harmonisation of European private law, and European contract law in particular, is rapidly gaining in importance. The topic is not only widely studied by academics and students all over Europe (and even beyond), it is also on the political agenda of the European Parliament, the European Commission, and the European Council. The most important achievement in this field is no doubt the Principles of European Contract Law (PECL), drafted by the Commission on European Contract Law. The European Commission considers the PECL to be a serious option for further harmonisation of European contract law within the European Union. This publication is the first to provide a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. It may also be used by international practitioners, foreign students, and academics interested in Dutch contract law who do not have access to Dutch contract law because they have no knowledge of the Dutch language. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.

This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.

An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.

Macroprudential policy focuses on the financial system as a whole, as distinct from individual institutions, and its objective is to limit the costs to the real economy from system-wide distress of the financial sector. This book offers a critical, contextual and comparative examination of the nature of macroprudential policy as an emerging legal domain. It explores why macroprudential policy is necessary and how best to design tailored legal, institutional and governance frameworks that support the various supervisory stages in macroprudential regimes. Questions addressed relate to the design of the macroprudential mandate and institutional structures, independence, transparency and accountability arrangements, the nature and limitations of macroprudential authorities' supervisory powers, as well as the challenges that are likely to be encountered during the generation, collection and analysis of data and the use of macroprudential tools. The book extends well beyond being a 'one-stop-shop' introduction on all aspects of macroprudential policy. It digs deeper and does the heavy lifting by analysing the unique features of macroprudential policy that set it apart from other policy areas; examining the pulling (and at times, contradicting) forces which affect it and surfacing its complex and evolutionary nature and the unique challenges confronting macroprudential authorities. In order to derive and capture the theoretical foundations of macroprudential policy and support the high-level suggestions made on how to operationalise it, the book draws on established scholarships from international law as well as theories developed in the Organisational Behaviour field. It presents and explains the law within the context of the most recent empirical research in economics, including research on the prevalent governance structure of macroprudential policy, its interaction with other policy areas and the effectiveness of macroprudential tools. The normative discussion in the book is also grounded in practical specificities through detailed critical analysis of macroprudential policy frameworks at the national level (UK and US), regional level (EU) and global level (FSB, IMF and BIS).

Commercial agency, distribution and franchising agreements form the backbone of cross-border commercial activity, and international lawyers are frequently confronted with issues relating to such agreements. This reference work describes the law of the European Union relating to commercial agency, distribution and franchising, together with a detailed comparative analysis of the legislation and case law of the 15 Member States, Switzerland and Norway. Each country report follows a similar structure and classification system to facilitate quick reference and comparison between jurisdictions. Since the second edition of this work was published in 1993, the Common Market has become a reality and the Treaties of Maastricht and Amsterdam have had a significant impact on European law.

Contract plays a vitally important role in the delivery of public services today. Both central and local governments make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies, to complex, long-term arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully-serviced hospital over a thirty-year period.

English law's traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The book analyzes these public law elements in detail and suggests ways in which they might appropriately be developed more fully, in tandem with the underlying private law regime. The book's aim is to raise the profile of government contracts as a proper subject for public law scholarship, whilst at the same time contributing to important contemporary debates on issues such as the public vs. private divide, the scope of the judicial review jurisdiction, and the reach of the Human Rights Act 1998.