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The late Jim Harris' theory of the science of law, and his
theoretical work on human rights and property, have been a
challenge and stimulus to legal scholars for the past twenty-five
years. This collection of essays, originally conceived as a
festschrift and now offered to the memory of a greatly admired
scholar, assesses Harris' contribution across many fields of law
and legal philosophy. The chapters are written by some of the
foremost specialists writing today, and reflect the wide range of
Harris's work, and the depth of his influence on legal studies.
They include contributions on topics as diverse as the nature of
law and legal reasoning, rival theories of property rights and
their impact on practical questions before the courts; the nature
of precedent in legal argument; and the evolving concept of human
rights and its place in legal discourse. With a foreword by the
Honourable Justice Edwin Cameron, this volume celebrates the life
and work of Jim Harris
This book contains the papers written for the seventh volume in the
Oxford-Norton Rose Law Colloquium Series, which was held in St
Hugh's College, Oxford, on 22nd-23rd September, 2006. As with past
colloquia, this brought together practitioners (solicitors,
barristers and Judges) and academics to examine and discuss an area
of commercial law. The belief underpinning all the colloquia has
been that the sharing of views on central topics of commercial law
can only work to the mutual advantage of both academics and
practitioners. The topic chosen this year was Contract Terms which
is a topic of everyday importance to all commercial lawyers. It is
also an area in which academics have become increasingly interested
in recent years.
The book begins with an introduction by the editors which draws
out the central features of the discussions at the colloquium. It
is followed by an introductory practitioners' perspective written
by Richard Calnan of Norton Rose.
The colloquium papers have then been divided into three main
sections. The first on 'Construction and Interpretation' comprises
the papers written by Gerard McMeel, Edwin Peel, Andrew Burrows,
Robert Stevens and Stefan Vogenauer. The second on 'Legislative
Control of Unfair Terms' has papers by Elizabeth MacDonald, Susan
Bright and Hugh Beale. The third on 'Issues Related to Particular
Types of Term' looks at entire agreement clauses, termination
clauses, force majeure clauses, retention of title clauses and
choice of law clauses. This third section contains chapters written
by John Cartwright, Ewan McKendrick, Simon Whittaker, Louise
Gullifer and Adrian Briggs.
The papers have all been written by eminent academics andtogether
they provide a stimulating and up-to-date examination of Contract
Terms. The book will be essential reading for all practitioners
involved in drafting contracts or in commercial litigation,
commercial barristers, and academics interested in contract and
commercial law. The foreword has been written by the senior Law
Lord, Lord Bingham of Cornhill.
This sixth volume in the Oxford Law Colloquium Series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focus on proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with a consideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.
Contract Formation and Parties presents a collection of current
thinking on the central themes of contract formation and parties.
The eighth volume in the Oxford-Norton Rose Law series the chapters
originate from papers presented at the colloquium held in September
2009. The Oxford-Norton Rose Law colloquia bring together
practitioners and academics to examine and discuss an area of
commercial law central to both communities.
The book begins with an introduction by the editors which draws out
the central features of the discussions at the colloquium and
includes a foreword by Lord Justice Longmore. It is then structured
around these two primary themes of the colloquium and includes
contributions from eminent academics.
A Conflict of Laws Companion brings together a group of expert
authors to write essays in honour of Professor Adrian Briggs QC.
Professor Briggs has been teaching in Oxford since 1980, and
throughout that period, he has been an instrumental figure in
shaping the conflict of laws in the UK and elsewhere and has
inspired generations of students (future practitioners and judges)
to take a close interest in the subject. His books, including
Agreements on Jurisdiction and Choice of Law (OUP, 2008), The
Conflict of Laws (4th edn, Clarendon, 2019), and Private
International Law in English Courts (OUP, 2015), are among the most
widely used and cited texts on the subject. The book is divided
into four sections, exploring conflict of laws issues of different
kinds and engaging with Professor Briggs' work on a diverse range
of topics. Contributions by Professor Briggs' former colleagues
build on his work in the conflict of laws and his immeasurable
contributions as a teacher and researcher at the University of
Oxford, not only to undergraduate teaching, but to his college (St
Edmund Hall), the Law faculty, and the university. The book
includes short personal submissions from each of the authors, all
of whom studied alongside, have been taught or supervised by, or
worked closely with Professor Briggs.
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