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The book provides a comparative analysis of the law relating to
remedies for breach of contract. It examines different remedies
such as specific performance and damages,doing so from the
viewpoint of different legal systems, principally the English,
American, German, French and Israeli. Each essay is written by a
recognised specialist in his or her own field. Topics covered
include the relationship between substantive rights and contract
remedies, the recent reforms of the law relating to breach of
contract in Germany, the remedies in the context of a third party
beneficiary and the extent to which a claimant can choose the
remedy which he or she deems to be the most appropriate. The book
also makes use of a range of techniques, particularly economic
analysis, when examining the legal rules. The book contains an
introductory essay written by the editors and an essay by Professor
Friedman, which deals with the relationship between substantive
rights and contract remedies.
The origins of this book lie in the first Oxford Law Colloquium
held in St John's College, Oxford, on 12-13 September 1991,
organized by the Faculty of Law of the University of Oxford and the
Norton Rose M5 Group, a national association of seven major
independent law firms. This, it is hoped, will be the first of many
such bubble01ces run on a biennial basis. The aim of each
conference will be to combine the specialist knowledge of both
practising and academic lawyers on a selected subject, enabling the
exploration of fundamental concepts, principles, and trends in
particular fields of law of mutual interest and importance. The
subject of this first conference - Commercial Aspects of Trusts and
Fiduciary Obligations - was chosen for its considerable theoretical
and practical importance, and the contributors amply demonstrate
both the impact of the law of trusts and the law of fiduciaries
upon such diverse subjects as company law and insolvency law and
the continuing need for further discussion on the relationship
between equity and commercial law. Contributors: Sir Peter Gibson,
Sir Peter Millett, Paul Finn, Peter Graham, Jack Beatson, D.D.
Prentice, Paul L. Davies, Klaus J. Hopt, Roy Goode, Peter Birks,
Hamish Anderson, Harry Wiggin, Jeffrey Schoenblum.
Transnational commercial law represents the outcome of work
undertaken to harmonize national laws affecting domestic and
cross-border transactions and is upheld by a diverse spectrum of
instruments.
Now in its second edition, this authoritative work brings together
the major instruments in this field, dividing them into thirteen
groups: Treaty Law, Contracts, Electronic Commerce, International
Sales, Agency and Distribution, International Credit Transfers and
Bank Payment Undertakings, International Secured Transactions,
Cross-Border Insolvency, Securities Custody, Clearing and
Settlement and Securities Collateral, Conflict of Laws, Civil
Procedure, Commercial Arbitration, and a new section on Carriage of
Goods.
Each group of instruments is preceded by linking text which
provides important context by identifying the key instruments in
each group, discussing their purposes and relationships, and
explaining the major provisions of each instrument, thus setting
them in their commercial context. This volume is unique in
providing the full text of international conventions, including the
preamble - which is important for interpretation - and the final
clauses and any annexes.
In addition, each instrument is accompanied by a complete list of
dates of signature and ratification by all contracting states, all
easily navigated through the detailed tables of contents which
precedes it. This fully-indexed work provides an indispensable
guide for the practitioner or academic to the primary transnational
commercial law instruments.
This companion to Transnational Commercial Law: Text, Cases and
Materials contains up-to-date primary materials for students
without linking commentary. This compilation of instruments covers
areas such as treaty law, contracts, electronic commerce,
international sales, agency and distribution, international credit
transfers and bank payment undertakings, international secured
transactions, cross-border insolvency, securities settlement and
securities collateral, conflict of laws, civil procedure, and
commercial arbitration
Goode on Commercial Law is the first port of call for the modern
day practitioner with its theoretical and practical coverage of
commercial law in both a national and an international context.
This highly acclaimed and authoritative text, which is regularly
cited by all courts from the House of Lords (now the Supreme Court)
downwards, combines a deep theoretical analysis with a practical
approach which examines the theory in the context of typical
commercial and financial agreements, both domestic and
international. The work is replete with diagrams and specimen forms
covering a wide range of transactions. This Sixth edition has been
retitled Goode and McKendrick on Commercial Law, and has been fully
revised to take account of key legal developments since the fifth
edition.
The sixth edition of the authoritative and acclaimed commercial law
text 'A great book ... will be equally useful to legal
practitioners, students and business people' Financial Times This
sixth edition of Goode on Commercial Law, now retitled Goode and
McKendrick on Commercial Law, remains the first port of call for
the modern day practitioner with its theoretical and practical
coverage of commercial law in both a national and an international
context. Now updated to cover the most recent legal and technical
changes, this highly acclaimed and authoritative text, which is
regularly cited by all courts from the Supreme Court downwards,
combines a deep theoretical analysis of foundational principles
with a practical approach in the context of typical commercial and
financial transactions. It is also replete with diagrams and
specimen forms covering a wide range of transactions. 'Searching
analysis and meticulous exposition coupled with a lucid clarity of
style and a relaxed lightness of touch combine to make the book not
only compulsory but compulsive reading for anyone interested in its
field' Law Quarterly Review 'A work of immense scholarship ...
Professor Goode's work must be as nearly exhaustive as can be
possible and as produced by Penguin is a triumph of paperback
publishing' Solicitor's Journal 'Clear and comprehensive ... The
student and practitioner will find it indispensable; the interested
layperson too will benefit from it as a work of reference' British
Business 'A veritable tour de force' Business Law Review
When the first edition of this student work was published some
eight years ago transnational commercial law, introduced as a
postgraduate course at the University of Oxford in 1995, was taught
at a relatively small number of law schools. Since then the subject
has blossomed and is now taught at law schools around the world.
Focused on the products and processes of the harmonization of law
relating to international commercial transactions, the book is an
invaluable resource for students in this field. In this new edition
the work has been completely revised and updated, covering a number
of new or substantially revised international instruments. In
addition four new chapters have been added by specialist
contributors dealing with regional harmonization, carriage of goods
by sea, transactions in securities and the relationship between
international conventions and national law. The authority of the
text is enhanced by the fact that all the authors have played
leading roles in the drafting and development of many of the
instruments examined in the work.
Cases and Materials on the Law of Restitution is an authoritative
and scholarly guide written by leading experts who have shaped and
defined the law of restitution and unjust enrichment. Extensive
coverage of cases and academic perspectives provides a rounded view
of the subject. Introductions, notes, and questions enable readers
to check their understanding of key issues. The second edition of
this seminal title covers many important new cases and academic
publications, including Birk's 'absence of basis' approach. The
coverage reflects the continuing debates on questions such as: BL
what is an enrichment? BL was the enrichment at the claimant's
expense? BL what is the role of tracing? BL when will proprietary
restitution be granted? BL when does change of position operate as
a defence? BL and does corrective justice underpin this area of the
law? The book's structure has been updated to reflect the judicial
development of the law of restitution, providing a map through this
complex subject. This book is invaluable for undergraduate,
postgraduate, and doctoral students, as well as academics working
in the area.
Sale of goods transactions are central to commercial life. This
book provides an essential up-to-date and clear account of the law
as it stands today, giving you the confidence to offer the best
possible resolution for your clients. Written by a team of
specialists drawn from both the academic world and professional
practice, Sale of Goods provides a clear and accurate account of
the law relating to the sale of goods. It provides complete
analysis of the Sales of Goods Act 1979, together with amendments
made to the Act in 1994 and 1995 - ensuring that your understanding
is current and complete.
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