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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
This textbook is an engaging introduction to the more advanced
writings on contract law, primarily designed to allow students to
'get under the skin' of the topic and begin to build their critical
thinking and analysis skills. Each chapter is structured around key
questions and debates that provoke deeper thought and, ultimately,
a clearer understanding. This edition has been extensively
rewritten to include new cases and scholarship throughout. New
sections include 'no oral modification' clauses, substantive
fairness, regulation of standard-form contracts, and remoteness of
damage in contract. An excellent book for students of contract law
who wish to know more, the aim of the book is not to present a
complete overview of theoretical issues in contract law, but rather
to illustrate the current debates which are currently going on
among those working in shaping the area. The text features
summaries of the views of notable experts on key topics and each
chapter ends with a list of guided further reading. New to this
Edition: - Extensively rewritten to include new cases and
scholarship throughout. - New sections and debates include 'no oral
modification' clauses, substantive fairness, regulation of
standard-form contracts, and remoteness of damage in contract.
The new edition of this well-established and highly regarded work
has been fully updated to encompass the major changes and
developments in the law, including coverage of the Recast Brussels
I Regulation which came into force in 2015. The book is invaluable
for the practitioner as well as being one of the leading students'
textbooks in the field, giving comprehensive and accessible
coverage of the basic principles of private international law. It
offers students, teachers and practitioners not only a rigorous
academic examination of the subject, but also a practical guide to
the complex subject of private international law. Written by an
expert team of academics, there is extensive coverage of commercial
topics such as the jurisdiction of various courts and their
limitations, stays of proceedings and restraining foreign
proceedings, the recognition and enforcement of judgments, the law
of obligations with respect to contractual and non-contractual
obligations. There are also sections on the various aspects of
family law in private international law, and the law of property,
including the transfer of property, administration of estates,
succession and trusts.
This book brings together a series of contributions by leading
scholars and practitioners to examine the main features of smart
contracts, as well as the response of key stakeholders in
technology, business, government and the law. It explores how this
new technology interfaces with the goals and content of contract
law, introducing and evaluating several mechanisms to improve the
'observability' and reduce the costs of verifying contractual
obligations and performance. It also outlines various 'design
patterns' that ensure that end users are protected from themselves,
prevent cognitive accidents, and translate expectations and values
into more user-oriented agreements. Furthermore, the chapters map
the new risks associated with smart contracts, particularly for
consumers, and consider how they might be alleviated. The book also
discusses the challenge of integrating data protection and privacy
concerns into the design of these agreements and the broad range of
legal knowledge and skills required. The case for using smart
contracts goes beyond 'contracts' narrowly defined, and they are
increasingly used to disrupt traditional models of business
organisation. The book discusses so-called decentralised autonomous
organisations and decentralised finance as illustrations of this
trend. This book is designed for those interested in looking to
deepen their understanding of this game-changing new legal
technology.
Principally concerned with the laws of England and Wales and
Ireland, but also covering other UK common law jurisdictions
including Australia, Canada, Singapore and Hong Kong, this title
looks at both the doctrines of force majeure and frustration and
their application to commercial contracts. It includes analysis and
consequences of recent case law, including Classic Maritime Inc v
Limbungan Makmur SDN BHD, Lion Diversified Holdings BHD and
Seadrill Ghana Operations Ltd v Tullow Ghana Ltd. The title also
sets out the statutory principles that apply. Whilst looking at
these principles in a broad sense, it is also the first major work
to relate them to, and address the issues brought about by, the
COVID-19 pandemic. Written by leading experts Ben Symons and Joe
Dalby SC from leading commercial set,36 Commercial, it offers a
comprehensive and authoritatively researched analysis of all issues
related to force majeure and frustration. It is practical in its
approach and it is essential reading for commercial practitioners
and contract lawyers to ensure they leave no stone unturned when
working on a matter involving either force majeure or frustration.
This collection of essays investigates the way in which modern
private law apportions responsibility between multiple parties who
are (or may be) responsible for the same legal event. It examines
both doctrines and principles that share responsibility between
plaintiffs and defendants, on the one hand, and between multiple
defendants, on the other. The doctrines examined include those
'originating' doctrines which operate to create shared liabilities
in the first place (such as vicarious and accessorial liability);
and, more centrally, those doctrines that operate to distribute the
liabilities and responsibilities so created. These include the
doctrine of contributory (comparative) negligence, joint and
several (solidary) liability, contribution, reimbursement, and
'proportionate' liability, as well as defences and principles of
equitable 'allowance' that permit both losses and gains to be
shared between parties to civil proceedings. The work also
considers the principles which apportion liability between multiple
defendants and insurers in cases in which the cause, or timing, of
a particular loss is hard to determine. The contributions to this
volume offer important perspectives on the law in the UK, USA,
Canada, Australia and New Zealand, as well as a number of civilian
jurisdictions. They explicate the main rules and trends and offer
critical insights on the growth and distribution of shared
responsibilities from a number of different perspectives -
historical, comparative, empirical, doctrinal and philosophical.
Lord Justice Jackson's retirement in March 2018 concluded a career
of almost 20 years on the bench. His judicial career has seen a
remarkable transformation of construction law, construction law
litigation and the litigation landscape more generally. Drawing the
Threads Together is a Festschrift which considers many of the
important developments in these areas during the Jackson era. The
Festschrift discusses most of the leading construction cases
decided by Lord Justice Jackson, with subject matter including
statutory adjudication, fitness for purpose obligations,
consideration, delays and extensions of time, liquidated damages,
time bar provisions, the prevention principle, neighbour rights,
limitation clauses, negligence, good faith, bonds and guarantees
and concurrent duties of care. It also includes a discussion of the
background to the Jackson Review of Civil Litigation Costs
(2009-2010) and its impact on litigation, as well as considering
the development of the Technology and Construction Court during and
subsequent to Mr Justice Jackson's tenure as judge in charge of
that court.
This book is a large-scale historical reconstruction of liberal
legalism, from its inception in the mid-nineteenth century, the
moment in which the jurists forged the alliance between political
liberalism and legal expertise embodied in classical private law
doctrine, to the contemporary anxiety about the possibility of both
a liberal solution to the problem of political justification and of
law as a respectable form of expert knowledge. Each stage in the
history is a moment of synthesis between a substantive and a
methodological idea. The former is the liberal political theory of
the period, purporting to provide a solution to the problem of
political justification. The latter is a conception of legal method
or science, supposedly vindicating the access of the expert to the
political choices embodied in the law. Thus, each moment in the
history of liberal legalism integrates a political theory with a
jurisprudential conception. Although it reaches the unsettling
conclusion that liberal legalism has largely failed by its own
standards, the book urges us to avoid quietism, scepticism or
cynicism, in the hope that a deeper understanding of the fragility
of our values and institutions inspires a more thoughtful,
broadminded and nurtured citizenship.
Over the last 30 years, the evolution of acquis communautaire in
consumer law and harmonising soft law proposals have utterly
transformed the landscape of European contract law. The initial
enthusiasm and approval for the EU programme has waned and, post
Brexit, it currently faces increasing criticism over its
effectiveness. In this collection, leading academics assess the
project and ask if such judgements are fair, and suggest how
harmonisation in the field might be better achieved. This book
looks at the uniform rules in the context of: the internal market;
national legislators and courts; bridging the gap between common
and civil law; and finally their influence on non-member states.
Critical and rigorous, it provides a timely and unflinching
critique of one of the most important fields of harmonisation in
the European Union.
This fifth volume from the Munster Colloquia on EU Law and the
Digital Economy focuses on one of the most important challenges
faced by private law in this era of digitalisation: the effects of
'data as counter-performance' on contract law; a phenomenon
acknowledged by the EU legislator in the new Digital Content
Directive 2019/770. In the book, legal experts from across Europe
examine various issues, in particular contract performance and
restitution and the relationship between contract law and data
protection.
The development of private law across the common law world is
typically portrayed as a series of incremental steps, each one
delivered as a result of judges dealing with marginally different
factual circumstances presented to them for determination. This is
said to be the common law method. According to this process, change
might be assumed to be gradual, almost imperceptible. If this were
true, however, then even Darwinian-style evolution - which is
subject to major change-inducing pressures, such as the death of
the dinosaurs - would seem unlikely in the law, and radical and
revolutionary paradigms shifts perhaps impossible. And yet the
history of the common law is to the contrary. The legal landscape
is littered with quite remarkable revolutionary and evolutionary
changes in the shape of the common law. The essays in this volume
explore some of the highlights in this fascinating revolutionary
and evolutionary development of private law. The contributors
expose the nature of the changes undergone and their significance
for the future direction of travel. They identify the circumstances
and the contexts which might have provided an impetus for these
significant changes. The essays range across all areas of private
law, including contract, tort, unjust enrichment and property. No
area has been immune from development. That fact itself is
unsurprising, but an extended examination of the particular
circumstances and contexts which delivered some of private law's
most important developments has its own special significance for
what it might indicate about the shape, and the shaping, of private
law regimes in the future.
The provisions of the French Civil Code governing the law of
obligations have remained largely unchanged since 1804 and have
served as the model for civil codes across the world. In 2016, the
French Government effected major reforms of the provisions on the
law of contract, the general regime of obligations and proof of
obligations. This work explores in detail the most interesting new
provisions on French contract law in a series of essays by French
lawyers and comparative lawyers working on French law and other
civil law systems. It will make these fundamental reforms
accessible to an English-speaking audience.
This book analyses enrichment law and its development and
underpinning in social culture within three geographical regions:
the United States, western members of the European Union and the
late Ottoman Empire. These regions correspond, though imperfectly,
with three different legal traditions: the American, continental
and Islamic traditions. The book argues that we should understand
law as a mimetic artefact. In so doing, it explains how typical
patterns and exemplary articulations of wrongful enrichment law
capture and reiterate vocal cultural themes found in the respective
regions. The book identifies remarkable affinities between poetic
tendencies, structures and default dispositions of wrongful
enrichment law and cultural world views. It offers bold accounts of
each region's law and culture providing fertile grounds for
external and comparative elucidations of the legal doctrine.
This book presents, analyses and evaluates the Principles of Latin
American Contract Law (PLACL), a recent set of provisions aiming at
the harmonisation of contract law at a regional level. As such, the
PLACL are the most recent exponent of the many proposals for
transnational sets of 'principles of contract law' that were
drafted or published over the past 20 years, either at the global
or the regional level. These include the UNIDROIT Principles of
International Commercial Contracts, the Principles of European
Contract Law, the (European) Draft Common Frame of Reference and
the Principles of Asian Contract Law. The PLACL are the product of
a working group comprising legal academics from Argentina, Brazil,
Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles
of the instrument deal with problems of general contract law, such
as formation, interpretation and performance of contracts, as well
as remedies for breach. The book aims to introduce the PLACL to an
international audience by putting them in their historical and
comparative context, including other transnational harmonisation
measures and initiatives. The contributions are authored by
drafters of the PLACL and contract law experts from Europe and
Latin America.
This book addresses aspects of international law relating to
petroleum contracts, examining oil and gas agreements between
states and private companies and their intersection with rules of
international law. It provides detailed and insightful coverage of
the current practice as well as commentary and analysis based on
the authors' extensive experience. The book covers topics such as
the nature of international petroleum contracts, petroleum
agreements as state contracts, issues of contract stability, the
development of bilateral investment treaties, natural resource
cycles, political risks and the specific petroleum policies of the
International Bank for Reconstruction and Development, the
International Monetary Fund and the International Development
Association. This is a timely and comprehensive book on this
important area of law.
Supporting the fifth edition of Contract Law, this new edition of
the Contract Law Casebook is a collection of essential extracts
from the most significant cases in Australian contract law. Highly
accessible and updated to include new cases, commentary, and
excerpts from important statutes, the case book allows students to
experience the law through the judges' own words, developing their
ability to interpret and analyse cases and helping them to improve
their understanding of the law.
The second edition of this highly recommended work addresses the
interaction between conflict of laws, dispute resolution,
electronic commerce and consumer contracts. In addition it
identifies specific difficulties that conflicts lawyers and
consumer lawyers encounter in electronic commerce and proposes
original approaches to balance the conflict of interest between
consumers' access to justice and business efficiency. The European
Union has played a leading role in this area of law and its
initiatives are fully explored. It pays particular attention to the
most recent development in collective redress and
alternative/online dispute resolution. By adopting multiple
research methods, including a comparative study of the EU and US
approach; historical analysis of protective conflict of laws;
doctrinal analysis of legal provisions and economic analysis of
law, it provides the most comprehensive examination of frameworks
in cross-border consumer contracts.
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