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.

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

Yasen Nikolov's book studies figures of law, which rarely have been a subject of attention in the last twenty years in Bulgaria. Today they appear before us as "lifebuoys" in time of crisis. Time, which is straining the normal and consistent development of social and economic relations. The book is divided into two parts, the first devoted to the figure of clausula rebus sic stantibus, the second - to vis major (force majeure) They appear to be very close, follow the same legal and economic logic, and this requires addressing them in a single work. Their role is to find that balance between performance and justice, which is most useful to the society as a whole.

This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.

The book covers selected works that I have written over the past few years. The discussed matter is diverse, but it is still in the field of private law. It is systematized in four parts, which are distributed to the following themes: contract settlement, art. 26, para. 2 of the Bulgarian Law of Obligations and Contracts and hardship. I sincerely hope that the book will be useful for academics and practitioners, for students and for all interested in the Bulgarian private law. It also has a special focus on dealing with comparative legal studies.

El Tratado de Derecho Administrativo del profesor venezolano Allan R. Brewer-Carias recoge, en seis volumenes, con una sistematizacion impecable, materialmente toda la extensa obra del autor en el campo del derecho administrativo escrita durante los ultimos cincuenta anos, desde que se inicio en la docencia y en la investigacion en la Universidad Central de Venezuela en 1963; siendo, la misma una muestra especifica del desarrollo del Derecho Administrativo Iberoamericano, que se produjo en paralelo con el desarrollo del derecho administrativo espanol contemporaneo, desde los tiempos de la fundacion de la Revista de Administracion Publica (1958). La obra, editada sin perdida de espacio, comprende todos los estudios del autor sobre la teoria del derecho administrativo, su objeto, sus supuestos fundamentales, y su encuadramiento constitucional (Tomo I); sobre la Administracion Publica, sus fundamentos, su organizacion, sus trasformaciones y sus problemas (Tomo II); sobre el regimen de la actividad administrativa, particularmente el regimen de los actos administrativos y de los contratos administrativos (Tomo III); sobre el regimen del procedimiento administrativo, con especial enfasis en su codificacion en el derecho comparado iberoamericano (Tomo IV); sobre el regimen de la accion administrativa, particularmente en cuanto a los poderes, potestades y relaciones con los administrados (Tomo V); y sobre el regimen del control jurisdiccional contencioso administrativo sobre la Administracion Publica y su actividad (Tomo VI). Cada Tomo, por tanto, tiene hasta cierto punto, su propia autonomia, de manera que este Tomo VI de 1.132 paginas, sobre "La jurisdiccion contencioso administrativa," incluye todos los estudios del autor sobre la justicia administrativa y su evolucion junto con la justicia constitucional en el marco del Estado de derecho; sobre el regimen general de la jurisdiccion contencioso administrativa y del control que ejerce sobre la actividad de la Administracion; sobre el regimen legal de dicha jurisdiccion; y sobre los diversos procesos contencioso administrativos incluyendo la accion de amparo contra los actos administrativos que se ejerce ante dicha Jurisdiccion."

The quantification of contractual money awards is a topic of both significant theoretical interest and immense practical importance. Recent debates have ranged from the availability of gain-based relief to the basis for principles of remoteness and mitigation. While these and other important issues, such as the recovery of damages for non-pecuniary loss, are touched upon, the book's principal objective is to challenge the conventional interpretation of the principle generally acknowledged to govern this area of the law, which Parke B famously laid down in Robinson v Harman. According to this conventional interpretation, the objective of all money awards given in accordance with the Robinson v Harman principle is simply to 'compensate' the promisee for the 'loss' that can be attributed to the promisor's failure to perform as promised. After challenging this orthodoxy, Dr Winterton proposes a new understanding of the Robinson v Harman principle, which draws an important distinction between money awards that substitute for the performance promised and money awards that aim to make good certain detrimental factual consequences that can be attributed to a promisor's breach. In exploring the significance of this distinction, the different principles underpinning the quantification and restriction of each kind of award are explored in addition to some important theoretical issues such as the effect that the occurrence of a breach has on the rights generated by contract formation. The book's unifying objective is to outline a coherent picture of the law of contractual money awards. It will be of interest to judges, practitioners and academics alike. Nominated for the 2018 St Petersburg International Legal Forum Private Law Prize!

This book is based on and explains the following sub-contracts published by the Construction Industry Federation: A?A?A?A?Agreement and Conditions of Sub-Contract for use in conjunction with the forms of Main Contract for Public Works Issued by the Department of Finance 2007A?A?A?A?and theA?A?A?A?Agreement and Conditions of Sub-Contract (NN) for use in conjunction with the Forms of Main Contract for Public Works issued by the Department of Finance 2007 where the Sub-Contractor is a specialist who has been Named by the Employer or whose Contract with the employer has been Novated (NN Sub-Contractor).A?A?A?A?

Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.

Standard contracts published for use in the construction industry are complex documents and contain many inter-related clauses. This book will enable the user to find easily not just the main references dealing with a particular topic, but also the related clauses and references. In facing any contractual problem, it is the practitioner's primary duty to discover all the relevant references and make a judgement, which is not possible until all references have been covered. This book identifies the main topics which a practitioner will encounter, giving all the references to each topic which may be scattered throughout the document and a one-line signpost to indicate the contents of each reference.

Financial Protection in the UK Building Industry provides comprehensive treatment of a complex aspect of construction management which is increasingly important in modern construction contracts. The term 'Financial Protection' refers to the various mechanisms by which funds are made available to ensure the due performance of a party's contractual obligations.
Financial Protection in the UK Building Industry looks at the legal and economic background to the problem of providing financial protection to clients to guard against poor performance and/or the insolvency of contractors, consultants and sub-contractors. The inclusion of practical guidance notes and summaries makes this a valuable guide for the construction professional as well as for the researcher.

eBook available with sample pages: 0203478223

The Economic Contract Law of China: Legitimation and Contract Autonomy in the PRC

Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including: - Coverage of EU Horizon 2020 replacing Framework 7 funding scheme - General Data Protection Regulation (GDPR) - Updates in line with the Charities Act 2011 - New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements) - New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014 - New material on the EU Trade Secrets Directive - Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC - Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014) - Coverage of Technology Transfer Regulation, 316/2014 and related guidelines

This book is the product of a unique collaboration between mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.

Written by a team of top academics and highly-experienced legal practitioners, this book offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex area of law. It firstly provides a critical analysis of contemporary legal issues concerning offshore contracts, before going on to deliver an in-depth analysis of the numerous liability regimes inherently connected to offshore operations.

Key features of Offshore Contracts and Liabilities:

• Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon
• In-depth analysis of the current liability regimes with clear reference to contemporary industry practice
• Thorough examination of the current state of the law from national, regional and international perspectives
• Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime.

This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide"

Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms.

In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.

Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.

This third edition of the only work to focus on damages under the CISG maintains its purpose as the primary reference source for this topic. Addressing global judicial and arbitral decisions, the book demonstrates the differences between uniform international instruments and domestic laws, and comparatively analyses the calculation of damages under civil and common law systems under the United Convention on Contracts for the International Sale of Goods (CISG). A new chapter on penalty clauses examines the impact of recent cases in England (Cavendish Square Holding BV V Makdesi) and Australia (Paccioco v Australia and New Zealand Banking Group Ltd) concerning the interpretation of penalty clauses and their relationship with the CISG. Further new material includes: an expanded discussion of the question of good faith; new approaches relating to attorneys' fees; consideration of states that have recently ratified the CISG; and an examination of the developments in the EU in relation to the attempt to introduce a new harmonised contract law.

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

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties - a claimant and a defendant - are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test - asking whether enrichment and loss arise 'but for' each other - provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.