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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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.
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.
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.
Provides useful background and detailed advice on the law
surrounding a wide range of commercial agreements including: Key
common clauses; When to use standard terms; Procedures and good
practice; Termination of contracts; Remedies for breach; Specific
issues relating to export, software and consumer contracts. It also
contains valuable precedents, including expert guidance on
Business-to-Business and Business-to-Consumer agreements, providing
users with an excellent tool for drafting commercial contracts. Key
changes for the new 5th edition include coverage and analysis of: -
important case law as to when terms are unfair or unreasonable,
notably the first Supreme Court ruling on the fairness test in
ParkingEye Ltd v Beavis - Changes in the regulation of consumer
credit since regulation passed to the Financial Conduct Authority -
Fresh court guidance as to when terms have been incorporated into a
contract - Rulings on the rules as to the enforceable of onerous
terms - The Consumer Rights Act 2015 - The effect of the Data
Protection Act 2018 and GDPR - Brexit and the transitional period -
The new 2019 EU Regulation on privacy - Replacement of the PECR
regulations by the new EU Directive on trade secrets and UK
implementation An essential resource for commercial contract
drafters helping them to prepare water tight legal agreements and
ensure that they are completely clear on what a business must do to
stay on the right side of the law. Includes online access to
downloadable precedents
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.
This book introduces the reader to a number of ideas and issues
that underlie the English law of contract-an area of law that is
often regarded as forbiddingly dry and technical but which is here
made easy to understand and full of interest. Taking as its
starting point the role contract law plays in helping markets to
operate, the book explains how contract law regulates the
commercial risks people take, while at the same time placing limits
on what may be bought and sold, and ensuring that contractual
powers are not unacceptably abused. A final chapter discusses how
contract law can be used to make gifts of binding promises to other
people. The book provides a rigorous and stimulating journey
through the ideas underpinning contract law and is essential
reading for anyone with an interest in the subject. 'Clearly
written and bursting with interesting and novel ideas, this lively
book will be a great resource for anyone interested in Contract
Law.' Paul S Davies, Professor of Commercial Law, University
College London
The Law Commission (of England and Wales) and the Scottish Law
Commission were both established in 1965 to promote the reform of
the laws of their respective jurisdictions. Since then, they have
each produced hundreds of reports across many areas of law. They
are independent of government yet rely on governmental funding and
governmental approval of their proposed projects. They also rely on
both government and Parliament (and, occasionally, the courts or
other bodies) to implement their proposals. This book examines the
tension between independence and implementation and recommends how
a balance can best be struck. It proposes how the Commissions
should choose their projects given that their duties outweigh their
resources, and how we should assess the success, or otherwise, of
their output. Countries around the world have created law reform
bodies in the Commissions' image. They may wish to reflect on the
GB Commissions' responses to the changes and challenges they have
faced to reappraise their own law reform machinery. Equally, the GB
Commissions may seek inspiration from other commissions'
experiences. The world the GB Commissions inhabit now is very
different from when they were established. They have evolved to
remain relevant in the face of devolution, the UK's changing
relationship with the European Union, increasing pressure for
accountability and decreasing funding. Further changes to secure
the future of independent law reform are advanced in this book.
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