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Reimagining Contract Law Pedagogy examines why existing contract
teaching pedagogy has remained in place for so long and argues for
an overhaul of the way it is taught. With contributions from a
range of jurisdictions and types of university, it provides a
survey of contract law courses across the common law world,
reviewing current practice and expressing concern that the emphasis
the current approach places on some features of contract doctrine
fails to reflect reality. The book engages with the major criticism
of the standard contract course, which is that it is too narrow and
rarely engages with ordinary life, or at least ordinary contracts,
and argues that students are left without vital knowledge. This
collection is designed to be a platform for sharing innovative
teaching experiences, with the aim of building a new approach that
addresses such issues. This book will have international appeal and
will be of interest to academics, researchers and postgraduates in
the fields of law and education. It will also appeal to teachers of
contract law, as well as governmental and legal profession
policymakers.
The foundations for modern contract law were laid between 1670 and
1870. Rather than advancing a purely chronological account, this
examination of the development of contract law doctrine in England
during that time explores key themes in order to better understand
the drivers of legal change. These themes include the relationship
between lawyers and merchants, the role of equity, the place of
statute, and the part played by legal literature. Developments are
considered in the context of the legal system of the time and
through those who were involved in litigation as lawyers, judges,
jurors or litigants. It concludes that the way in which contract
law developed was complex. Legal change was often uneven and slow,
and some of the apparent changes had deep roots in the past.
Clashes between conservative and more reformist tendencies were not
uncommon.
Reimagining Contract Law Pedagogy examines why existing contract
teaching pedagogy has remained in place for so long and argues for
an overhaul of the way it is taught. With contributions from a
range of jurisdictions and types of university, it provides a
survey of contract law courses across the common law world,
reviewing current practice and expressing concern that the emphasis
the current approach places on some features of contract doctrine
fails to reflect reality. The book engages with the major criticism
of the standard contract course, which is that it is too narrow and
rarely engages with ordinary life, or at least ordinary contracts,
and argues that students are left without vital knowledge. This
collection is designed to be a platform for sharing innovative
teaching experiences, with the aim of building a new approach that
addresses such issues. This book will have international appeal and
will be of interest to academics, researchers and postgraduates in
the fields of law and education. It will also appeal to teachers of
contract law, as well as governmental and legal profession
policymakers.
2013 was the 50th anniversary of the House of Lords' landmark
decision in Hedley Byrne v Heller. This international collection of
essays brings together leading experts from five of the most
important jurisdictions in which the case has been received (the
United Kingdom, the United States, New Zealand, Canada and
Australia) to reappraise its implications from a number of
complementary perspectives-historical, theoretical, conceptual,
doctrinal and comparative. It explores modern developments in the
law of misstatement in each of the jurisdictions; examines the
case's profound effects on the conceptual apparatus of the law of
negligence more generally; explores the intersections between
misstatement liabilities in contract, tort, equity and under
statutory consumer protection provisions; and critically assesses
the ways in which advisor liabilities have come to be limited and
distributed under systems of 'joint and several' and
'proportionate' liability respectively. Inspired by Hedley Byrne,
the purpose of the collection is to reflect on the case's echoes,
effects and analogues throughout the private law and to provide a
platform for thinking about the ways in which liabilities for
misstatement and pure economic loss should be modelled in the
modern day.
2013 was the 50th anniversary of the House of Lords' landmark
decision in Hedley Byrne v Heller. This international collection of
essays brings together leading experts from five of the most
important jurisdictions in which the case has been received (the
United Kingdom, the United States, New Zealand, Canada and
Australia) to reappraise its implications from a number of
complementary perspectives-historical, theoretical, conceptual,
doctrinal and comparative. It explores modern developments in the
law of misstatement in each of the jurisdictions; examines the
case's profound effects on the conceptual apparatus of the law of
negligence more generally; explores the intersections between
misstatement liabilities in contract, tort, equity and under
statutory consumer protection provisions; and critically assesses
the ways in which advisor liabilities have come to be limited and
distributed under systems of 'joint and several' and
'proportionate' liability respectively. Inspired by Hedley Byrne,
the purpose of the collection is to reflect on the case's echoes,
effects and analogues throughout the private law and to provide a
platform for thinking about the ways in which liabilities for
misstatement and pure economic loss should be modelled in the
modern day.
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