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JC Smith's The Law of Contract provides a superb overview of all
the key areas of contract law, making it ideal for use on all
undergraduate courses. A focus on key cases acts as a springboard
into analysis and critical discussion, and useful further reading
recommendations provide students with a foundation for independent
research. The book is easily navigated as chapters are kept short,
with key points outlining the main concepts and topics broken down
by regular headings. These work as a useful signpost, and revision
checklist. Particular attention is paid to supporting assessment;
each chapter ends with either an essay or problem-based question -
guidance on how to answer these questions is given online,
alongside a range of assessment-focused online resources, including
a number of essay attempts from real students 'marked' by the
author to give students insights into what examiners are looking
for, and interactive self-test questions which provide instant
feedback. Digital formats and resources The third edition is
available for students and institutions to purchase in a variety of
formats, and is supported by online resources. - The e-book offers
a mobile experience and convenient access along with embedded
self-assessment activities, and multi-media content including a
series of supportive audio recordings and links that offer extra
learning support: www.oxfordtextbooks.co.uk/ebooks _ - The study
tools that enhance the e-book, along with guidance on answering
essay questions, links to key case judgments, and example essays
from real students with annotation from the author, are all also
available as stand-alone online resources for use alongside the
print book. _
This book is the first to examine intermediaries in a holistic and
systematic manner. The classical model of face-to-face contracting
between two individuals is no longer dominant. Instead, deals
frequently involve a number of parties, often acting through
intermediaries. As a result, it is important to understand the role
and power of intermediaries. Intermediaries tend to be considered
within discrete silos of the law. But by focussing upon a
particular, narrow area of law, lessons are not learned from
analogous situations. This book takes a broader approach, and looks
across the traditional boundaries of private law in order to gain a
proper assessment of the role played by intermediaries. A wide
range of jurisdictions and topical issues are discussed in order to
illuminate the role intermediaries play in commercial law. For
example, the continued growth of electronic commerce requires
consideration of the role of websites and other platforms as
intermediaries. And developments in artificial intelligence raise
the prospect of intermediaries being non-human actors. All these
issues are subject to rigorous analysis by the expert contributors
to this book.
Equity & Trusts: Text, Cases, and Materials provides a
comprehensive guide to trusts and equity in a single volume.
Drawing on a judiciously balanced selection of case extracts,
journal articles, and academic writing, Davies and Virgo present
their authoritative commentary on the law with clarity and rigour.
The text guides students through the key legal principles of each
case, utilizing supporting learning features to highlight important
aspects and help develop students' independent research skills.
Central Issues boxes introduce each chapter to identify the key
themes examined and scenario-based questions frame the law in a
practical context, encouraging students to think creatively around
the subject and assess their own understanding. This text offers a
holistic approach to the study of equity and trusts. Using their
unrivalled teaching experience, the authors bring together an
expertly selected collection of cases and legal scholarship to
present a text that is firmly student-focused, enabling students to
fully grasp the key concepts and achieve the best possible results.
Online Resources Supporting answer guidance to the end of chapter
questions is offered online.
State pensions are the largest item in the UK social security
budget, costing GBP96.7 billion in 2017/18. In the same year, 45.6
million people were members of UK occupational pension schemes (out
of a total population of 66.4 million) and the total amount saved
into workplace schemes in 2018 was GBP90.4 billion. A consequence
of the pensions sector's large size has been that pensions law and
social security law have become increasingly specialised areas of
practice. Yet despite their social and economic importance and the
fascinating legal issues they generate, pensions have not been the
subject of sustained academic attention. This book starts to fill
this gap by initiating a dialogue between practitioners and
scholars working on pensions law and policy, groups who have much
to learn from one another.
State pensions are the largest item in the UK social security
budget, costing GBP96.7 billion in 2017/18. In the same year, 45.6
million people were members of UK occupational pension schemes (out
of a total population of 66.4 million) and the total amount saved
into workplace schemes in 2018 was GBP90.4 billion. A consequence
of the pensions sector's large size has been that pensions law and
social security law have become increasingly specialised areas of
practice. Yet despite their social and economic importance and the
fascinating legal issues they generate, pensions have not been the
subject of sustained academic attention. This book starts to fill
this gap by initiating a dialogue between practitioners and
scholars working on pensions law and policy, groups who have much
to learn from one another.
Freedom of contract is a great strength of English law: indeed it
is a key reason why English law is often the law of choice. But the
terms of commercial contracts often restrict freedom of action.
This book considers such terms. Leading commentators take stock of
recent developments such as increased reliance on good
faith/discretion and the rise of smart contracts. Insodoing, they
make original contributions to ongoing debates concerning the
limits to parties' freedom of contract. This important subject will
interest drafters of commercial contracts keen to ensure that
contracts are clear and enforceable; litigators disputing the
meaning, scope and validity of terms; and academics interested in
the purpose and nature of the exercises involved.
This collection of essays, written by leading commentators from
across the common law world, examines a range of topics concerning
equity and trusts in the commercial context. The essays investigate
the way in which doctrines derived from the equitable jurisdiction
interact with and shape various areas of the law, including company
law, commercial law and agency law. Subjects considered include the
difficulties in identifying trust assets in the commercial context;
the court's role in supervising the trust; and the remedies
available in cases of fiduciary or trustee wrongdoing. This book
will be of interest to both academics and practitioners working in
these difficult areas of equity and commercial law.
This book is the fourth in a series of essay collections on
defences in private law. It addresses defences to liability arising
in equity. The essays range from those adopting a mainly doctrinal
perspective to others that explore the law from a more
philosophical perspective. Some essays concentrate on specific
defences, while others are concerned with the links between
defences, or with how defences relate to the structure of the law
of equity generally. One aim of the book is to shed light on
equitable doctrines by analysing them through the lens of defences.
The essays offer original contributions to this complex, important
but neglected field of scholarly investigation. The contributors -
judges, practitioners and academics - are all distinguished
jurists. The essays are addressed to all of the major common law
jurisdictions.
Lord Leonard Hoffmann remains one of the most important and
influential English jurists. Born in South Africa, he came to
England as a Rhodes Scholar to study law at the University of
Oxford. After graduating from the Bachelor of Civil Law as Vinerian
Scholar, he was elected Stowell Civil Law Fellow of University
College. There followed an extremely distinguished judicial career,
including 14 years as a member of the Judicial Committee of the
House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned
to the Oxford Law Faculty as a Visiting Professor. In this volume,
current and past colleagues of Lord Hoffmann from the University of
Oxford examine different aspects of his jurisprudence in diverse
areas of private and public law. The contributions are testament to
the clarity and creativity of his judicial and extra-judicial
writings, to his enduring influence and extraordinary intellectual
breadth, and to the respect and affection in which he is held.
Accessory liability in the private law is of great importance.
Claimants often bring claims against third parties who participate
in wrongs. For example, the 'direct wrongdoer' may be insolvent, so
a claimant might prefer a remedy against an accessory in order to
obtain satisfactory redress. However, the law in this area has not
received the attention it deserves. The criminal law recognises
that any person who 'aids, abets, counsels or procures' any offence
can be punished as an accessory, but the private law is more
fragmented. One reason for this is a tendency to compartmentalise
the law of obligations into discrete subjects, such as contract,
trusts, tort and intellectual property. This book suggests that by
looking across such boundaries in the private law, the nature and
principles of accessory liability can be better understood and
doctrinal confusion regarding the elements of liability, defences
and remedies resolved. Winner of the Joint Second SLS Peter Birks
Prize for Outstanding Legal Scholarship 2015.
This collection of essays, written by leading commentators from
across the common law world, examines a range of topics concerning
equity and trusts in the commercial context. The essays investigate
the way in which doctrines derived from the equitable jurisdiction
interact with and shape various areas of the law, including company
law, commercial law and agency law. Subjects considered include the
difficulties in identifying trust assets in the commercial context;
the court's role in supervising the trust; and the remedies
available in cases of fiduciary or trustee wrongdoing. This book
will be of interest to both academics and practitioners working in
these difficult areas of equity and commercial law.
Lord Leonard Hoffmann remains one of the most important and
influential English jurists. Born in South Africa, he came to
England as a Rhodes Scholar to study law at the University of
Oxford. After graduating from the Bachelor of Civil Law as Vinerian
Scholar, he was elected Stowell Civil Law Fellow of University
College. There followed an extremely distinguished judicial career,
including 14 years as a member of the Judicial Committee of the
House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned
to the Oxford Law Faculty as a Visiting Professor. In this volume,
current and past colleagues of Lord Hoffmann from the University of
Oxford examine different aspects of his jurisprudence in diverse
areas of private and public law. The contributions are testament to
the clarity and creativity of his judicial and extra-judicial
writings, to his enduring influence and extraordinary intellectual
breadth, and to the respect and affection in which he is held.
Accessory liability in the private law is of great importance.
Claimants often bring claims against third parties who participate
in wrongs. For example, the 'direct wrongdoer' may be insolvent, so
a claimant might prefer a remedy against an accessory in order to
obtain satisfactory redress. However, the law in this area has not
received the attention it deserves. The criminal law recognises
that any person who 'aids, abets, counsels or procures' any offence
can be punished as an accessory, but the private law is more
fragmented. One reason for this is a tendency to compartmentalise
the law of obligations into discrete subjects, such as contract,
trusts, tort and intellectual property. This book suggests that by
looking across such boundaries in the private law, the nature and
principles of accessory liability can be better understood and
doctrinal confusion regarding the elements of liability, defences
and remedies resolved. Winner of the Joint Second SLS Peter Birks
Prize for Outstanding Legal Scholarship 2015.
This book is the first to examine intermediaries in a holistic and
systematic manner. The classical model of face-to-face contracting
between two individuals is no longer dominant. Instead, deals
frequently involve a number of parties, often acting through
intermediaries. As a result, it is important to understand the role
and power of intermediaries. Intermediaries tend to be considered
within discrete silos of the law. But by focussing upon a
particular, narrow area of law, lessons are not learned from
analogous situations. This book takes a broader approach, and looks
across the traditional boundaries of private law in order to gain a
proper assessment of the role played by intermediaries. A wide
range of jurisdictions and topical issues are discussed in order to
illuminate the role intermediaries play in commercial law. For
example, the continued growth of electronic commerce requires
consideration of the role of websites and other platforms as
intermediaries. And developments in artificial intelligence raise
the prospect of intermediaries being non-human actors. All these
issues are subject to rigorous analysis by the expert contributors
to this book.
This book is the fourth in a series of essay collections on
defences in private law. It addresses defences to liability arising
in equity. The essays range from those adopting a mainly doctrinal
perspective to others that explore the law from a more
philosophical perspective. Some essays concentrate on specific
defences, while others are concerned with the links between
defences, or with how defences relate to the structure of the law
of equity generally. One aim of the book is to shed light on
equitable doctrines by analysing them through the lens of defences.
The essays offer original contributions to this complex, important
but neglected field of scholarly investigation. The contributors -
judges, practitioners and academics - are all distinguished
jurists. The essays are addressed to all of the major common law
jurisdictions.
Freedom of contract is a great strength of English law: indeed it
is a key reason why English law is often the law of choice. But the
terms of commercial contracts often restrict freedom of action.
This book considers such terms. Leading commentators take stock of
recent developments such as increased reliance on good
faith/discretion and the rise of smart contracts. Insodoing, they
make original contributions to ongoing debates concerning the
limits to parties' freedom of contract. This important subject will
interest drafters of commercial contracts keen to ensure that
contracts are clear and enforceable; litigators disputing the
meaning, scope and validity of terms; and academics interested in
the purpose and nature of the exercises involved.
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