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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
The Internet sales market is growing exponentially, but from a
legal perspective, Internet commerce is a subject area with many
special features. Some important questions of law have yet to be
clarified. This volume presents the structures and frameworks of
the relevant regulations illustrated with practical suggestions and
testing schemes for applying them in everyday practice.
This report compares the Regional Comprehensive Economic
Partnership (RCEP) with other free trade agreements and suggests
how policy makers can promote its successful implementation. The
analysis in this report aims to support policy makers and
negotiators in RCEP implementation by identifying areas where
further work is needed to make the agreement more attractive to
firms and investors. The report shows that despite RCEP's
shortcomings it presents valuable opportunities to deepen regional
economic integration. Critically important are the agreement's
built-in provisions and economic and technical cooperation measures
that make it possible to expand its depth and coverage in the
future.
Problems regarding the nature of consent are at the heart of many
of today's most pressing issues. For example, the #MeToo movement
has underscored the need to move beyond viewing consent as a simple
matter of yes or no. Consent is complex because humans and their
relationships are complicated. Humans, as a result of cognitive
limitations and emotional and physical vulnerabilities, are
susceptible to manipulation and mistakes. Given the potential for
regret, are there some things to which one should not be permitted
to consent? The consentability quandary becomes more urgent with
technological advances. Should we allow body hacking? Cryonics?
Consumer travel to Mars? Assisted suicide? In Consentability:
Consent and Its Limits, Nancy S. Kim proposes a bold, original
framework for evaluating consentability, which considers the
complexities surrounding consent.
The second edition of Global Sales and Contract Law continues to
provide comparative analysis of domestic laws of sale and contract
in over sixty countries, delivering a global view of national and
international sales law. The book is grounded in the practical
realities of sales law, reflecting the day-to-day issues faced by
practitioners. Complex questions of the obligations under a sales
contract, the ways in which these are established, as well as the
remedies following the breach of obligations, are all analysed. In
addition to coverage of the CISG and various national regimes, the
book examines regional projects, like the the UNIDROIT PICC, the
PECL, the DCFR and the PLACL, and compares differences in domestic
legal approach where the CISG would not apply. The new edition
covers all the relevant case law, and factors in developments such
as changes to the law of contract in Argentina, France, Hungary,
and Japan, a raft of countries which have adopted the CISG since
the first edition, updates to the UNIDROIT PICC, and new editions
of the ICC's INCOTERMS (c) and force majeure and hardship clauses
in 2020. International or multilateral developments that were
envisaged in the original edition have now either evolved or
disappeared, for example, the European Union's plan for a Common
European Sales Law (CESL), as reflected in the new edition.
Encompassing all aspects of sale of goods transactions, and
examining the process of a sale with relation to general contract
law, the book gives practitioners invaluable insight into judicial
trends and possible solutions in different legal systems, whether
preparing for litigation or drafting an international contract.
Global Sales and Contract Law remains the most comprehensive and
thorough compilation of legal analysis in the field of the sale of
goods and is a source for any practitioner dealing in international
commerce.
This volume revisits some of the key debates about the nature and
shape of contract law, in light of the impact that statutes have
had on its development. With contributions from leading contract
law scholars, it fills a significant gap in existing theoretical
and doctrinal analyses of contract law, which rely primarily on
cases to put forward accounts of the general principles and
structure of contract law. Statutory rules are, typically, seen as
being specific instances of legal regulation that carve out
exceptions to these general principles for specific reasons of
policy. This treatment of these rules has resulted in an incomplete
understanding of the nature of contract law and the principles that
underpin it. By drawing specifically on contract statutes, the
volume produces a more complete picture of modern contract law. A
companion to the ground-breaking Tort Law and the Legislature:
Common Law, Statute and the Dynamics of Legal Change (Hart
Publishing, 2012) this collection will have a significant impact on
the study of contract law.
Koffman, Macdonald, and Atkins' Law of Contract provides a clear
and comprehensive account of the principles of contract law,
breaking down difficult concepts whilst maintaining academic
rigour. Case summaries, extracts and analyses help student to learn
and understand the key cases that have shaped this area of law, and
support the development of important case-reading skills. Digital
formats and resources: The tenth edition is available for students
and institutions to purchase in a variety of formats, and is
supported by online resources. * The e-book offers a mobile
experience and convenient access along with functionality tools,
navigation features and links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks * The online resources include:
additional chapters; guidance on answering problem questions; and
web links.
Interpretation or construction is central to the operation of
contract law. Despite the fundamental role it plays, there have
been limited attempts to explain construction in holistic terms.
This important book aims to fill that gap by offering a systematic
exposition of the iterative process. It also goes further,
suggesting practical solutions to disputes regarding questions of
interpretation. The book argues that construction is not simply
about establishing what words mean; it is a process through which
objective intention is inferred from the choice of words in a
contract. The interpretive process involves four steps: formulate
the question of interpretation in dispute; explore competing
answers to the question; analyse the admissible material supporting
each interpretation; and weigh and balance the competing
considerations. By so doing, the book offers a simple yet
sophisticated framework for interpreting/constructing contracts.
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Part I, gives a full and detailed account of the enforcement of
contracts for the sale of land, interests in land and testamentary
contracts by specific performance, enforcement of Pallant v
Morgan-type arrangements, collateral contracts, and enforcement of
contracts by way of estoppel by convention. Part I also deals with
the defence mechanism provided by promissory estoppel in actions of
enforcement of terms of contracts. Part II, provides a
comprehensive account of the concepts and principles at play in
actions to set aside contracts on grounds of equitable mistake,
misrepresentation, undue influence, non est factum and improvident
transactions. Part III deals with principles of summary judgment
applied in the enforcement of debts arising from contracts of loan
and guarantees relating to them, arguable defences and remittal of
issues to plenary hearing, and also contracts with banks. Part IV
presents a full and comprehensive account of the court rules and
legal principles governing the discovery of documents,
interrogatories, interlocutory and mandatory interlocutory
injunctions and issues and principles of costs of entire
proceedings and costs of interlocutory applications.
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