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.

Part of the Quantum of Damages series, the Quick Guide provides researchers with a compact guide aimed at quickly and easily categorising injuries and determining comparative quantum awards handed down in both the courts and in selected arbitrations.

Content:

• Cases contained in the latest revision service to Volume VIII of the Quantum of Damages
• Awards by category (spine and brain, head injuries, neck and back, upper limbs, lower limbs, hip, and pelvis, face, internal organs, the senses, multiple injuries, miscellaneous injuries/conditions)
• Combined alphabetical list
• Alphabetical list by volume
• 2024 CPIX Table (1946-2024) to upgrade historical awards
• Glossary of medical terms
• Medical diagrams

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers. Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.

International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment.

The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.

South African Law of Succession and Trusts: The Past Meeting the Present and Thoughts for the Future comprises papers that were presented at a conference held in September 2012 at the University of Cape Town. The conference participants examined the considerable developments that have occurred in the areas of succession and trusts. The book contains an interesting array of contributions that deal with aspects of `mainstream' succession and trust law. In addition, in keeping with the constitutional recognition of African customary law and different systems of personal law, several contributions deal with the relevance of African customary law and religious law in contemporary South Africa, as well as with the harmonisation of divergent legal systems.

Independence and impartiality are key to any judicial process. The dualistic nature of arbitration, i.e., being judicial and contractual, raises the question of how to set the standard of independence and impartiality in arbitration. On the one hand, arbitrators are decision makers similar to judges. On the other hand, they solve disputes outside the courtroom and are (often) appointed by the parties due to their individual expertise. Against this backdrop, this book analyses the state of play of independence and impartiality. It provides an overview of the current status of independence and impartiality applied in international commercial arbitration, focusing on case law from France, Germany, Switzerland, the United Kingdom, and the United States. The core themes are possible grounds for finding dependence and partiality and their streamline in theoretical standards of independence and impartiality. Additionally, consequences of independence and impartiality are addressed, including the obligation to disclose. This book is useful for practitioners and scholars alike. It may help counsels preparing a challenge, arbitrators defining their obligation to disclose, and scholars analysing independence and impartiality on a more general basis.

This book offers a comprehensive account of South African administrative law with an emphasis on judicial review of administrative action. First published in 2007, Administrative Law in South Africa was soon established as a leading scholarly work in its field. The first and second editions by Cora Hoexter both attracted a remarkable number of judicial citations with approval.

The updated third edition by Cora Hoexter and Glenn Penfold takes account of almost a decade of case law and commentary since the second edition appeared in April 2012. Although considerably expanded in length, the third edition retains the clarity and accessibility that characterised the first two editions.

The work is intended primarily for the subject specialist but will be appreciated by all who work with this branch of public law, including judges, practitioners, academics, students and administrators.

Managing risk is a requirement of the SRA Handbook and quality schemes. Land law in England and Wales remains complex and to a large extent uncodified and claims against solicitors for negligence form the largest number of all claims against solicitors. This unique new book examines the specific issues that may arise at different stages in the acquisition and conveyance of land and identifies the problems, pitfalls and risks faced when acting for the buyer, seller and lender which may give rise to liability in negligence. As well as covering routine matters such as compliance with CML Conditions, it includes chapters on discrete issues, such as options or environmental matters, which will be of particular help to non-specialist practitioners.

Labour Law in Context offers comprehensive coverage of the key aspects of South African labour law. It is the ideal companion to support students of law and non-law students throughout their studies. It is also suitable for anyone doing a short course in aspects of labour law, or for those who want to keep up to date with key labour law issues and rulings.

Features:

• Relevant South African labour law scenarios at the beginning of each chapter that are being revisited after students have worked through each chapter;
• Case notes for all sections for students to acquire the practical application of the law;
• Accessible, up-to-date content

First published in 1917, Satow's Diplomatic Practice has long been hailed as a classic and authoritative text. An indispensable guide for anyone working in or studying the field of diplomacy, this seventh, centenary edition builds on the extensive revision in the sixth edition. The volume provides an enlarged and updated section on the history of diplomacy, including the exponential growth in multilateral diplomacy, and revises comprehensively the practice of diplomacy and the corpus of diplomatic and international law since the end of the Cold War. It traces the substantial expansion in numbers both of sovereign states and international and regional organisations and features detailed chapters on diplomatic privileges and immunities, diplomatic missions, and consular matters, treaty-making and conferences. The volume also examines alternative forms of diplomacy, from the work of NGOs to the use of secret envoys, as well as a study of the interaction with intelligence agencies and commercial security firms. It also discusses the impact of international terrorism and other violent non-state actors on the life and work of a diplomat. Finally, in recognition of the speed of changes in the field over the last ten years, this seventh edition examines the developments and challenges of modern diplomacy through new chapters on human rights and public/digital diplomacy by experts in their respective fields.

European law has come to influence almost all fields of national law, including administrative, constitutional, contract, criminal and even tort law. But what is the European Union? How does it work? How does it produce European law? This book uses a clear framework to guide readers through all core constitutional and substantive topics of EU law. New content includes: a Brexit chapter covering the negotiation process and the possible future relationships between the United Kingdom and the European Union, new EU private international law and EU criminal law sections, and extended coverage of delegated legislation, human rights and free movement of persons. All chapters reflect judicial and legislative practice up to 31st December 2017. Key features include case extracts accompanied by extensive critical discussion of the theoretical and practical aspects of EU law, over 100 figures and tables clarifying complex topics and a companion website with full 'Lisbonised' versions of cited cases and many extra materials.

Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces 'The Dialogue Box' and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.