This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can be justified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

The late John Fleming, emeritus Professor of Law in the University of California at Berkeley, was the pre-eminent torts lawyer of the age; his Law of Torts has influenced generations of students and scholars, and remains a classic of legal literature. In this volume, distinguished academics and judges from around the world pay tribute to him in a collection of essays which range widely across tort law, legal theory, legal history and comparative law. Topics discussed include: tort and human rights; the duty of care in negligence; codification of the law of obligations in Europe; the basis of strict liability in particular and of responsibility generally in tort law; and aspects of products liability. These stimulating essays have much to say about the past, present and future of the law of obligations and will be of great interest to scholars and lawyers of all legal systems. From the editors' preface John Fleming was one of the most influential writers on the law of torts and comparative law in the English-speaking world this century. His towering contribution to scholarship is evidenced not only by the great prestige his work attracts in academic circles but also by the frequency and high respect with which his work is cited by judges in appellate courts of many jurisdictions. The authors of this collection of essays on the law of obligations intend it as a tribute to his achievements.

"This new edition of An Outline of the Law of Agency by Markesinis and Munday will enable students to acquire a sound and critical understanding of the law of agency by providing a succinct, readable account of this significant and intellectually challenging branch of law.Among the many notable legal developments in this area of law since the publication of the third edition six years ago, which have been fully noted in this edition, are the entry into force in 1994 of the Commercial Agents (Council Directive) Regulations 1993, the appearance of the first English case law on this distinctive european directive, and judicial extension of such concepts as 'apparent authority' and 'warranty of authority'.An Outline of the Law of Agency aims to complement existing standard works of reference. It can stand both on its own as an independent self-contained textbook where greater emphasis is laid upon principles than upon matters of technical detail, and also as an introductory book preparing the way for more detailed study of the subject. The combination of text and materials will offer students a general introduction to the subject which is stimulating, but above all, clear and concise."

This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. The work will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.

Lawyers everywhere, but especially those within the European Community, are becoming increasingly aware of the need for an understanding of each other's legal systems. This is particularly true of commercial law, of which the law of contract is the foundation. Written primarily for lawyers and law students in the Common law world, this book explains the principles of the French law of contract and compares them with those of other European legal systems. This second edition, which assumes no prior knowledge of French law, is written from the standpoint of a common lawyer familiar with the problems which the law of contract deals with in a modern Western society. Commencing with an introductory account of the characteristics of French law - the most influencial of the Civil law systems - and the French legal system, it explains the principles of the French law of contract and shows how they differ from those of English law. Consideration is given to recent developments in the obligation to disclose information, third party rights in "groups of contract", unfair contract terms, and the seller's liability for latent defects.

Originally published in 1988 and now available in a revised paperback edition, this collection of essays by one of the leading contract theorists of the common law world concerns the theory and foundations of contractual liability. This paperback edition includes a new essay, "Freedom of Contract and the New Right," which charts the latest shift in the development of contract law back in the direction of Freedom of Contract. This collection will especially appeal to students and scholars of contract law and theory and the law of obligation.

Contracts for the supply of digital content are fraught with legal issues extending beyond contract law. The contributions to this volume analyse the challenges and gaps in European Commission's proposed Directive (COM(2015) 634 final) from the perspectives of contract law, copyright, and data protection.

A concise introduction to the theory of contracts, emphasizing basic tools that allow the reader to understand the main theoretical models; revised and updated throughout for this edition. The theory of contracts grew out of the failure of the general equilibrium model to account for the strategic interactions among agents that arise from informational asymmetries. This popular text, revised and updated throughout for the second edition, serves as a concise and rigorous introduction to the theory of contracts for graduate students and professional economists. The book presents the main models of the theory of contracts, particularly the basic models of adverse selection, signaling, and moral hazard. It emphasizes the methods used to analyze the models, but also includes brief introductions to many of the applications in different fields of economics. The goal is to give readers the tools to understand the basic models and create their own. For the second edition, major changes have been made to chapter 3, on examples and extensions for the adverse selection model, which now includes more thorough discussions of multiprincipals, collusion, and multidimensional adverse selection, and to chapter 5, on moral hazard, with the limited liability model, career concerns, and common agency added to its topics. Two chapters have been completely rewritten: chapter 7, on the theory of incomplete contracts, and chapter 8, on the empirical literature in the theory of contracts. An appendix presents concepts of noncooperative game theory to supplement chapters 4 and 6. Exercises follow chapters 2 through 5. Praise for the previous edition: "The Economics of Contracts offers an excellent introduction to agency models. Written by one of the leading young researchers in contact theory, it is rigorous, clear, concise, and up-to-date. Researchers and students who want to learn about the economics of incentives will want to read this primer."-Jean Tirole, Institut D'Economie Industrielle, Universite des Sciences Sociales, France "Students will find this a very useful introduction to the ideas of contract theory. Salanie has managed to summarize a large amount of material in a relatively short number of pages in a highly accessible and readable manner."-Oliver Hart, Professor of Economics, Harvard University

Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

About the book: Deregulation has brought many changes to the natural gas marketing industry, including hedging activities that have led to new pricing strategies. In this practical guide, author and energy contract law specialist Ann O'Hara takes a comprehensive look at gas contracts and the significant changes they have gone through due, in part, to FERC Order 636 as well as activism of the gas industry Standards Board (GISB). She further explains how gas producers and their customers can take full advantage of these newly modeled gas contracts, making this an essential read for anyone involved in producing, marketing, brokering, and using natural gas. Features and Benefits: Complete history of the gas industry Explanation of the differences between old and new contracts Overview of the changing roles of FERC and state regulators Gain better leverage through understanding the market Make buying and selling gas more efficient and cost-effective Know how to meet or exceed state and federal regulations Be 'ahead of the game' when planning marketing initiatives. About the author: Attorney and author Ann O'hara is President of the Consulting Division of O'Hara & Associates in Lincoln, Nebraska. A member of the Nebraska Bar Association and the American Bar Association, she specializes in energy contract law, commodity swaps and electronic trading, and contract and intellectual property issues. In addition, she develops and presents seminars on gas contracts and OTC derivative documentation, teaches a contract class for the GISB, and is a frequent guest speaker and lecturer at various industry events. In past years, Ann has worked as a lobbyist, in a client training and development and drafting and negotiating legislation.

Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved.The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following:A { the tension between party autonomy and social justice;A { control over freedom of contract in the name of substantive fairness and efficiency;A { interpretation of contract terms;A { the intrusion of competition law into contract law;A { the disputed meanings of good faith and legitimate expectations;A { the requirement of 'plain intelligible language'; andA { characterization problems.Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.

Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

Ong on Rescission is Professor Denis SK Ong's fifth treatise in the field of equity. With its rigorous, yet accessible, approach to this complex area of law Ong on Rescission is a perfect supplement to his earlier acclaimed works: Trusts Law in Australia (now in its 4th edition), Ong on Equity, Ong on Specific Performance and Ong on Subrogation. The text offers a thorough study of rescission ab initio both at common law and in equity. As in his earlier works, the book offers a succinct exposition of all the key relevant principles of law, facilitated by a careful, and on occasion critical, analysis of all the leading authorities. To assist the reader, the essential passages of judgments under consideration are reproduced.

Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand#8217;s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand#8217; respected Construction Red Book Series, youand#8217;ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and#8212;and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand#8217;s, ownerand#8217;s, and designerand#8217;s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand#8217;s perspective: Public Owners Private Owners Contractors Subcontractors Sureties

A concise revision aid for students studying degree or diploma courses in law. The book covers the broad topic areas referred to in the Priestley 11 prescription for Contracts that are found in the contract law syllabuses of accredited law schools. The second edition incorporates recent decisions of Australian courts impacting upon the law of contract. This new edition also includes a comprehensive case list and an introductory chapter detailing key definitions and concepts.

Save over 20% off the recommended retail price when you combine Richard Stone's The Modern Law of Contract (9780415481373) 8th edition, Richard Stone and Ralph Cunnington's Text, Cases & Materials on Contract Law (9781859419137) 1st edition and James Devenney and Howard Johnson's Contract, Tort and Restitution Statutes 2010-2011 (9780415582377).

Recently the contract section of the German Code was radically amended after one hundred years of un-altered existence. "The German Law of Contract", radically recast, enlarged, and re-written, now details and explains for the first time these changes for the benefit of Anglophone lawyers. Along with its companion work, 'The German Law of Torts", the two volumes provide, in a total of some 2,000 pages, one of the fullest accounts of the German Law of Obligations available in the English (or German) language. One hundred and twenty translated contract decisions make this work a unique source-book for students, practitioners, judges and academics wishing to have access to prime sources. Through its method of presentation of German law, the book also represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having on the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection. The book will be of use to law students reading contracts and comparative law, practitioners, judges and businessmen.

Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.