"Changing Concepts of Contract" is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour.
Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made. In this collection, nine leading UK contract law scholars re-consider Macneil's work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship.
In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father's thinking of those experiences outside academia.
The collection also includes a Foreword by Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus at the University of Wisconsin-Madison, and an Introduction by Jay M Feinman, Distinguished Professor of Law at Rutgers School of Law.

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

In the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk. This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: 'Best practice' on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.

In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect a ~third-partya (TM) effect in private law relationships.

The German law of privacy, centring on the "allgemeines PersAnlichkeitsrecht," has quite a long history, and the influence of the European Court of Human Rightsa (TM) interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

This bilingual casebook is intended as a study aid for students of the general principles of the law of contract. Extracts from leading cases, supplemented by explanatory notes, are set out in traditional textbook style, which should provide students with easy access to cases.

This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements - agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

Foundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law. Offering a detailed overview of the main themes and key aspects of International Commercial Law, this book is for readers who are new to the subject, whether undergraduate or postgraduate students, legal scholars, practitioners or policymakers.

- Provides new Law students with a step-by-step guide to answering a key form of assessment. - Accessibly written so will suit both domestic and international students studying Law for the first time. - Includes extensive pedagogical assistance with tasks to reinforce learning at each step in the process.

This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19

This text reviews and analyzes how all parties to the construction process, from specialist sub-contractors and main contractors, to developers and funders and their respective lawyers, have adapted to the changes in the construction industry. There is advice on claims practice and tactics, how to minimize the finacial risks of pursuing a claim and what the courts or arbitrators expect both parties to have done to resolve the dispute.

First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.

The Joint Contracts Tribunal's Standard Form of Building Contract is the most common contract used in the UK to procure building work. Understanding it is a core part of any construction student's degree and a vital part of the working life of professionals in the construction industry. 'The JCT98 Building Contract' works through the contract systematically explaining it in easy-to-follow language, covering all contract issues thoroughly and illustrating with case law examples the current situation and latest amendments. It is ideal reading for both the student of construction and the professional seeking to update their knowledge.

This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.

Tunnelling is a high risk business. Success depends crucially on the nature of the ground through which the tunnel is being driven. The cost of a thorough site investigation is usually only a small fraction of the cost of the construction work but this crucial phase of a project is often given too low a priority. This text provides a review of tunnelling contracts, particularly those for sewerage and drainage tunnels. It reviews site investigation methods, contract preparation and tender evaluation, tunnel costruction, claims and records, and the post-construction phase. Examples of good and bad practice of site investigation and other aspects of tunnelling are given, and the text is supported by over 500 references. Supplementary information in the second part of the book expands on particular aspects such as ground vibration and noise. Among other topics covered are quality assurance, rock properties and testing, pollution, permeability and dewatering.

This work examines in detail the English doctrine of anticipatory breach, a hugely important subject in terms of both contract theory and commercial practice. It fills a significant gap in the existing literature with a comprehensive, systematic and in-depth treatment of the subject. The book not only restates the doctrine of anticipatory breach but also rejuvenates it, developing the proposition that the doctrine is essentially a mechanism for sanctioning present contractual remedies for future breaches. This proposition is developed in four parts consisting of nine chapters, which cover between them various aspects of the doctrine of anticipatory breach: historical genesis, theoretical characterisations, terminology, the constitution of an anticipatory breach, the defence of anticipated breach, the principle of election, the peculiarities of a right to claim damages, the assessment of damages, the victim's ability to continue with its performance and to claim the contract price when it is due, etc. Above all the book presents a carefully engineered critical review of the doctrine of anticipatory breach as it stands, challenging the misconceptions with which it was historically associated, the obscurity and precariousness of its theoretical foundation and the resulting inconsistency and inflexibility in its application. Instead, the author argues for a reformulation which follows a more rational, coherent and refined theoretical framework. This book is written in clear, straightforward language, and will appeal to academics, practitioners and law students alike.

Combines detailed coverage of the substantive law with support for development of the key skills of problem-solving, critical analysis and application of legal authority. Clear engaging writing style which encourages students and supports learning. Contemporary every-day examples provide context and help bring contract law to life. Technical and unfamiliar terms are defined at first use and listed in an end-of-chapter glossary. Assessment tips highlight opportunities to stand out from the crowd or avoid common mistakes and help students understand what examiners are looking for.

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.

In the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk. This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: 'Best practice' on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.

With more than 14,000 business schools worldwide, what is included in their curricula matters for how the economy and the corporate system are managed. Business schools should be subject to scholarly inquiries and critical reflection. While many studies of business schools examine its general role in the tertiary education system and in society more broadly, this volume examines how one specific theoretical perspective and a normative model derived therefrom were developed and gradually appropriated within the business school setting. This volume demonstrates that agency theory, based on a daring conjecture that firms can be construed as bundles of contacts, rose to prominence in the business school context. It examines how the elementary proposition of agency theory, that the firm is to be considered theoretically and practically as a "nexus of contracts," was never consistent with corporate law and contract law, and it was empirically unsubstantiated. Business schools are under pressure to teach not only practically useful theories and models, but also theories that are also scientifically qualified. Despite having this ambition, certain theories are widely taught despite failing to live up to such declared ambitions, which means that business schools may be criticized for including theories on ambiguous grounds in the curricula. This book examines how business schools seek to honour the ambition to teach both scientifically verified theories and practically useful concepts and models, and how the tensions derived from this duality may be problematic to handle. It will be of interest to researchers, academics, and advanced students in the fields of management education, organizational studies, and legal theory.

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.

'The incorporation of Chinese law is particularly interesting for Chinese legal researchers and even for the Chinese legislator considering the dramatic ongoing codification movement taking place within Chinese civil law, because one of the essential values of comparative law is to find alternative solutions to one's own legal system.' - Jiayou Shi, Renmin University of China, Beijing, China 'Professor Kadner Graziano's book on comparative contract law is an invaluable source of inspiration to both study and teach contract law in a transnational perspective. His cases highlight the expected and sometimes less expected differences and similarities between the key jurisdictions in Europe and allow the reader to gain a concrete understanding of the various systems put in play. I cherish this book this book for my course on transnational contract law and highly recommend it to anyone who is interested in this stimulating field of study.' - Andre Prum, University of Luxembourg Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this second edition of Comparative Contract Law updates the first true student reader on the subject. It brings together extracts from legislation and court practice in a way that lets students experience comparative law in action, presenting a unique guide to European and International contract law. This updated second edition provides: an international perspective on highly topical, real-life issues of contract law materials from some 30 jurisdictions in both their original languages, and in excellent translations the chance for students to solve scenarios according to the laws of different jurisdictions and compare and evaluate the solutions and approaches they identify the opportunity for students to engage with a broad array of case material and to develop their skills as comparative lawyers. Essential reading for all students, practitioners, and scholars of comparative contract law and methodology, this second edition remains a vital practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general "soft law" principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.