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Bringing together leading commercial and contract law scholars from
the United Kingdom and United States, Comparative Contract Law:
British and American Perspectives offers an insightful and
comprehensive assessment of the commonalities and divergences in
the contract law of these two jurisdictions. Approaching the
subject area from a variety of perspectives - doctrinal analysis,
behavioural analysis, law and economics, and theoretical - the book
examines familiar areas of contract law as practiced in the UK and
US. Topics include contract theory and structure; contract
formation and defects of consent; policing contracts and the duty
of good faith; contract interpretation; damages; speciality
contracts; and legal reform. The volume provides a thorough
assessment of the current state of commercial contract law in the
UK and US, and addresses the strengths and weaknesses of the
national and European approaches to many issues of contract law. In
particular it focuses on how commercial contract law should be
improved, and whether harmonization of the different contract law
regimes is a suitable, and appropriate, solution.
Promises and Contract Law is the first modern work to explore the
significance of promise to contract law from a comparative legal
perspective. Part I explores the component elements of promise, its
role in Greek thought and Roman law, the importance of the moral
duty to keep promises and the development of promissory ideas in
medieval legal scholarship. Part II considers the modern contract
law of a number of legal systems from a promissory perspective. The
focus is on the law of England, Germany and three mixed legal
systems (Scotland, South Africa and Louisiana), though other legal
systems are also mentioned. Major topics subjected to a promissory
analysis include formation of contract, third party rights,
contractual remedies and the renunciation of contractual rights.
Part III analyses the future role which promise might play in
contract law, especially within a harmonised European contract law.
Obligations: Law and Language is the first work of its kind to
examine in depth the fundamental language used by courts,
legislators, and academic commentators when describing the nature
of obligations law. A comparative perspective is taken, examining
the law of England, Scotland, the United States, Canada, and
Australia, and an in-depth analysis is provided of the major legal
commentaries, statutes, and case law from each jurisdiction. In
exploring such fundamental words as obligation, liability, debt,
conditional, unilateral, mutual, and gratuitous, the author
examines the often confusing and contradictory ways in which basic
structural language has been used, and brings clarity to a core
area of legal theory and practice.
Promises and Contract Law is the first modern work to explore the
significance of promise to contract law from a comparative legal
perspective. Part I explores the component elements of promise, its
role in Greek thought and Roman law, the importance of the moral
duty to keep promises and the development of promissory ideas in
medieval legal scholarship. Part II considers the modern contract
law of a number of legal systems from a promissory perspective. The
focus is on the law of England, Germany and three mixed legal
systems (Scotland, South Africa and Louisiana), though other legal
systems are also mentioned. Major topics subjected to a promissory
analysis include formation of contract, third party rights,
contractual remedies and the renunciation of contractual rights.
Part III analyses the future role which promise might play in
contract law, especially within a harmonised European contract law.
Obligations: Law and Language is the first work of its kind to
examine in depth the fundamental language used by courts,
legislators, and academic commentators when describing the nature
of obligations law. A comparative perspective is taken, examining
the law of England, Scotland, the United States, Canada, and
Australia, and an in-depth analysis is provided of the major legal
commentaries, statutes, and case law from each jurisdiction. In
exploring such fundamental words as obligation, liability, debt,
conditional, unilateral, mutual, and gratuitous, the author
examines the often confusing and contradictory ways in which basic
structural language has been used, and brings clarity to a core
area of legal theory and practice.
This is the second edition of 'Contract Law Update', a text aimed
at providing summaries and analysis of major contract cases from
Scottish and English law. The cases discussed include coverage of:
- Pre-contractual liability - Formation of contract - Incorporation
of terms - Contractual interpretation - Implication of terms -
Unfair terms - Remedies for breach of contract - Contract and
unilateral promise - Contract and unjustified enrichment - The
contract of agency The work will be of valuable assistance to both
practitioners and law students.
Promises and Contract Law is the first modern work to explore the
significance of promise to contract law from a comparative legal
perspective. Part I explores the component elements of promise, its
role in Greek thought and Roman law, the importance of the moral
duty to keep promises and the development of promissory ideas in
medieval legal scholarship. Part II considers the modern contract
law of a number of legal systems from a promissory perspective. The
focus is on the law of England, Germany and three mixed legal
systems (Scotland, South Africa and Louisiana), though other legal
systems are also mentioned. Major topics subjected to a promissory
analysis include formation of contract, third party rights,
contractual remedies and the renunciation of contractual rights.
Part III analyses the future role which promise might play in
contract law, especially within a harmonised European contract law.
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