Previous editions of this text have consistently been a favourite amongst common law lawyers. This new edition has been brought fully up-to-date and will be of interest to those studying 'advanced' obligations/common law modules. Undergraduates who study contract courses with a strong socio-legal tradition will also find this text invaluable as it uniquely grounds the nature of contract law in its social and political context.

The emergence of a European private law is a key legal issue today. Set-off and "extinctive" prescription are neglected topics in comparative literature. Reinhard Zimmermann maps out a model for a common European approach, providing practical examples of the arguments that may be employed in the process of harmonizing European private law. The essays originated during his work with the Commission on European Contract Law (the "Lando-Commission"), whose task is the "restatement" of European contract law. This volume is for comparative lawyers and legal historians.

Remedies is the subject of increasing academic interest. It is one of the key organising concepts of the obligations approach to the common law, the pre-eminent approach in law schools, now officially sanctioned by the Law Society. This second edition modernizes the first edition quite considerably. This work determines the place of remedies in contract and tort within the current debate about the reform of the common law obligation.

Although the law of contract is largely settled, there is at present no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. This collection of six full-length and original essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. While the essays build on past theoretical contributions, they also attempt to take contract theory further and suggest new and promising ways to develop theory of contract law.

This book starts by surveying the use or neglect of good faith in European contract law and traces its historical origins. Its central part takes thirty hypothetical situations that have attracted the application of good faith and analyzes them according to fifteen national legal systems. It concludes by explaining how European lawyers, whether from a civil or common law background, need to come to terms with the principle of good faith.

There is a wealth of material that shapes the law of State responsibility for breaches of investment contracts. First impressions of an unsettled or uncertain law have thus far gone unchallenged. But unchallenged first impressions point to the need for a detailed study that investigates and analyses the sources, the content, the characteristics, and the evolution of this law. The argument at the heart of this monograph is that the law of state responsibility for breaches of investment contracts has carved a unique and distinct trajectory from the traditional route for the creation of international law, developing principally from arbitral awards, and mimicking, to a considerable extent, the general international law on the protection of aliens and alien property. This book unveils the remarkable journey of the law of state responsibility for breaches of investment contracts, from its origins, to its formation, to its arrival at the cusp of maturity.

Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute. Key features: Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation Examines unlawful, void and ineffective exclusion clauses Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts Provides wholesale review of the recent case law Analyses the courts' interpretation of the meaning of "written standard terms" under the Unfair Contract terms Act. Discusses how the courts are adjusting the process of construing exclusion clauses so as to harmonise this topic with the general principles of interpreting written contracts. Considers in detail the impact of the Consumer Rights Act 2015. New to this edition: This title has been fully revised and updated by Professor Neil Andrews to take account of important case law developments of the last five years. Chapter 1 on incorporation extensively revised in light of Goodlife Foods v Hall Fire Protection Ltd (2018) New Chapter 2, concerned with exclusion clauses which are intended to protect third parties. (under the Contracts (Rights of Third Parties) Act 1999 or by use of a "Himalaya" clause). Chapter 3 fully revised to consider recent case law reflecting current approach to interpreting exclusion clauses New Chapter 4 which examines the important topic of liability for misrepresentation and exclusion clauses. Chapter 6 contains a detailed examination and critique of African Export-Import Bank v Shebah Exploration and Production Co Ltd (2017), where the Court of Appeal provided guidance on the crucial phrase "written standard terms of business". Chapter 7 contains detailed examination of Goodlife Foods v Hall Fire Protection Ltd (2018) case's the application of the statutory reasonableness test in a business-to-business context in Goodlife Foods v Hall Fire Protection Ltd (2018). In Chapter 8, concerning unfair terms in consumer contracts, the following case law is given new or fresh discussion: Roundlistic Ltd v Jones (2018), Casehub Ltd v Wolf Cola Ltd (2017), Higgins & Co Lawyers Ltd v Evans (2019), Parking Eye Ltd v Beavis (2015). Chapter 9 is another new chapter dealing with liquidated damages clauses. Such a clause simultaneously fixes the minimum and maximum level of compensation. Where the clause prescribes a level of liability which is much less than the innocent party's actual loss, the clause operates functionally to restrict liability. This aspect has been noted by Lords Leggatt and Burrows in Triple Point Technology Inc v PTT Public Co Ltd (2021) (at [74], "such a clause limits the contractor's exposure to liability of an otherwise unknown and open-ended kind").

Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands.

"Construction Contract Variations "analyses the issues that arise in determining whether certain work is a variation, the contractor s obligation to undertake such work as well as its right to be paid. It deals with the employer s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts.

This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying. "

Digital transformation is reshaping the business arena as new, successful digital business models are increasing agility and presenting better ways to handle business than the traditional alternatives. Industry 4.0 affects everything in our daily lives and is blurring the line between the physical, the biological, and the digital. This created an environment where technology and humans are so closely integrated that it is impacting every activity within the organizations. Specifically, contracting processes and procedures are challenged to align with the new business dynamics as traditional contracts are no longer fitting today's agile and continuously changing environments. Businesses are required to facilitate faster, more secure, soft, and real-time transactions while protecting stakeholders' rights and obligations. This includes agile contracts which are dynamically handling scope changes, smart contracts that can automate rule-based functions, friction-less contracts that can facilitate different activities, and opportunity contracts that looks toward the future. Innovative and Agile Contracting for Digital Transformation and Industry 4.0 analyzes the consequences, benefits, and possible scenarios of contract transformation under the pressure of new technologies and business dynamics in modern times. The chapters cover the problems, issues, complications, strategies, governance, and risks related to the development and enforcement of digital transformation contracting practices. While highlighting topics in the area of digital transformation and contracting such as artificial intelligence, digital business, emerging technologies, and blockchain, this book is ideally intended for business, engineering, and technology practitioners and policy makers, along with practitioners, stakeholders, researchers, academicians, and students interested in understanding the scope, complexity, and importance of innovative contracts and agile contracting.

When the first edition of this student work was published some eight years ago transnational commercial law, introduced as a postgraduate course at the University of Oxford in 1995, was taught at a relatively small number of law schools. Since then the subject has blossomed and is now taught at law schools around the world. Focused on the products and processes of the harmonization of law relating to international commercial transactions, the book is an invaluable resource for students in this field. In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law. The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.

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.