Contract law Books
Edward Elgar Publishing Ltd Contract Law: A Comparative Introduction
Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index
£34.15
Edward Elgar Consideration in Contract Law
Book SynopsisIn this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world.
£95.00
Oxford University Press Contract Law
Book SynopsisThe market-leading stand-alone guide to contract law from a renowned lawyer; authoritative, comprehensive, and supportive. Comprising a unique balance of 60% text to 40% cases and materials,Contract Law: Text, Cases, and Materialscombines the best features of a textbook with those of a traditional casebook. This unique balance shows students the law at work, aiding then in gaining a thorough understanding of contract law.Key Features:- Combines author text with extracts from cases and materials; can be used as a stand-alone text on contract law- Written by an experienced author and leading authority in the field, renowned for his eloquent and accessible writing style - Extensive referencing throughout the book supports students as they undertake independent research - Complemented by online resources with extra material on illegality and incapacity, updates, multiple choice questions and web links New to this edition:- Coverage of, and commentary upon, the decision of the Supreme Cour
£42.74
Oxford University Press OSullivan Hilliards The Law of Contract
Book SynopsisO'Sullivan & Hilliard''s The Law of Contract is the perfect student companion, providing a concise, clear overview of the fundamental principles of contract law. The 11th edition has been rigorously updated by Cambridge academic and teacher, Janet O'Sullivan. All the key topics on the LLB and GDL courses are covered, as well as current debates in the field. Complex problems are broken down into manageable steps and self-test questions are provided at the end of each chapter to help reinforce learning and aid revision. The Core Text Series takes the reader straight to the heart of the subject, providing an invaluable and reliable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law.Key features A clear account of the key principles to give students a sound understanding of contract law Concise, user-friendly size and length make this an ideal student text Ex
£40.84
Bloomsbury Publishing PLC Cases, Materials and Text on Contract Law
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK’s Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
£71.24
The University of Chicago Press The Marriage Exchange
Book SynopsisMedieval Douai left an enormous archive of documents. This text reveals how these documents were produced in an effort to regulate property and gender relations. At the centre was a shift to a property regime based on contract. The book explores why the law changed and assesses its effects.
£30.40
Globe Law and Business Ltd Negotiating Technology Contracts, Second Edition
Book SynopsisTechnology underpins everything we do, and the contracts which underpin the delivery of technology-related services are important from both an economic and social perspective. Negotiating technology-related contracts can, however, be challenging: for the uninitiated or uninformed, the significance of the points under discussion may be unclear, confusing and often at odds with the outcomes one might expect in more traditional ‘bricks and mortar’-style contracts. To avoid unnecessarily protracted negotiations, it is essential to have a clear understanding of: (i) what each part of a technology-related contract is designed to deal with; (ii) what the customer and service provider seek to protect; and (iii) what solutions or compromises are available. This second edition provides a practical, commercial guide to negotiations without a heavy focus on ‘black letter law’, and seeks to explain the perspectives of both sides of the negotiating table on a clause-by-clause basis, clearly setting out the key points they will want to protect – and why – while also offering suggestions as to what they may be willing to concede or compromise upon. It is written with the benefit of DLA Piper’s unparalleled view of the global market for technology sourcing and outsourcing projects, and from acting for customers and service providers in this space over many years and in many jurisdictions. Chapters cover the common negotiating ‘battlefields’, from service descriptions and service levels through to warranties, indemnities, liability provisions and termination rights. The authors also examine issues associated with particular technology-related engagements, such as those based on agile methodologies, those involving the use of AI-based solutions, or those operating within heavily regulated sectors. This edition will be of interest to anyone involved in technology-related contracts, whether acting for the buy side or sell side, and whether working within law firms or legal departments or more general commercial functions who have a need to understand the way in which such contracts work.Trade ReviewAs technology progresses ever faster and further into an era in which AI, for example, will increasingly dominate, this book provides the beleaguered negotiator with essential and much needed advice and guidance. No one involved in the complexities of this fraught and fast-moving area of law should be without it. -- Elizabeth Robson Taylor and Philip Taylor MBETable of ContentsIntroduction _________________ 7 1. Due diligence in outsourcing arrangements____________ 11 1. Introduction...............................................11 2. The customer perspective.....................................................17 3. The service provider perspective.....................................................21 4. Potential solutions .........................25 5. Conclusion...................................................27 2. Service provisions ______ 29 1. Introduction...............................................29 2. The customer perspective.....................................................30 3. The service provider perspective.....................................................34 4. Potential solutions .........................37 3. Compliance with laws and regulations_________ 41 1. Introduction...............................................41 2. The customer perspective.....................................................42 3. The service provider perspective.....................................................46 4. Potential compromises...........49 4. Service level agreements _____________ 55 1. Introduction...............................................55 2. Service level models...................................................................56 3. The customer perspective.....................................................58 4. The service provider perspective.....................................................63 5. Potential solutions .........................68 5. Use of agile methodologies __________ 73 1. Introduction...............................................73 2. The customer perspective.....................................................80 3. The service provider perspective.....................................................81 4. Potential solutions .........................81 6. Warranties ______________ 87 1. Introduction...............................................87 2. The customer perspective.....................................................88 3. The service provider perspective.....................................................92 4. Potential compromises.............................................97 7. Relief/excused events __________________ 103 1. Introduction..........................................103 2. The customer perspective................................................105 3. The service provider perspective................................................107 4. Potential solutions ....................108 8. Intellectual property provisions______________ 111 1. Introduction..........................................111 2. The customer perspective................................................113 3. The service provider perspective................................................116 4. Potential solutions ....................118 9. Data protection liabilities_______________ 123 1. Introduction..........................................123 2. The customer perspective................................................124 3. The service provider perspective................................................126 4. Potential solutions ....................128 10. Benchmarking in outsourcing transactions ___________ 133 1. Introduction..........................................133 2. The customer perspective................................................137 3. The service provider perspective................................................138 4. Potential solutions ....................139 11. Setting limits of liability ________________ 143 1. Introduction..........................................143 2. The customer perspective................................................148 3. The service provider perspective................................................150 4. Potential solutions ....................152 12. Excluded liabilities ____ 155 1. Introduction..........................................155 2. The customer perspective................................................156 3. The service provider perspective................................................157 4. Potential solutions ....................160 13. Unlimited liabilities_______________ 165 1. Introduction..........................................165 2. The customer perspective................................................165 3. The service provider perspective................................................170 4. Potential compromises........................................175 14. TUPE in outsourcing agreements ____________ 181 1. Introduction..........................................181 2. The customer perspective................................................186 3. The service provider perspective................................................189 4. Potential solutions ....................191 15. Termination rights ____ 197 1. Introduction..........................................197 2. The customer perspective................................................198 3. The service provider perspective................................................204 4. Potential solutions ....................206 16. Step-in provisions _____ 211 1. Introduction..........................................211 2. The customer perspective................................................212 3. The service provider perspective................................................215 4. Potential solutions ....................219 17. Audit rights____________ 221 1. Introduction..........................................221 2. The customer perspective................................................222 3. The service provider perspective................................................224 4. Potential solutions ....................227 18. Dispute resolution provisions______________ 233 1. Introduction..........................................233 2. The customer perspective................................................233 3. The service provider perspective................................................238 4. Potential solutions ....................240 19. Negotiation in practice ________________ 241 1. Background.............................................241 2. Initial considerations ...........242 3. The procurement process..............................................................243 4. Key contract aspirations of the parties.........................................246 5. Likely areas for key debate and potential solutions.......................................................249 20. Contracting for new and complex technology _____________ 255 1. Introduction..........................................255 2. The European approach......................................................257 3. The UK approach.........................259 4. The US approach..........................259 5. Common ground.........................260 6. Contractual provisions...................................................261 7. How does AI work?...................261 8. Description of functionality.........................................262 9. Intellectual property..............262 10.Bias..........................................................................264 11.Explainability......................................265 12.Service performance...............266 13.Liability..........................................................267 14.Termination...........................................268 15.Exit..........................................................................269 21. Types of technology contract________________ 271 1. Introduction..........................................271 2. Software licence..............................271 3. Software maintenance........272 4. Hardware provision.................273 5. Hardware maintenance.........................................273 6. Cloud services....................................274 7. Outsourced/managed service............................274 8. Website/online terms....................................................................275 9. Telco/network services.............................................................275 10.IP transfers and joint ventures.........................................................275 11.Technology-related consultancy services...............275 22. Cloud services__________ 277 1. Introduction..........................................277 2. The customer perspective................................................278 3. The service provider perspective................................................282 4. Potential solutions ....................284 23. Regulated procurement___________ 289 1. Regulated procurement in the public sector..................289 2. Regulated procurement in the financial services sector...................................................................296 24. Managing contract disputes ________________ 303 1. Introduction..........................................303 2. Causes of contract disputes...........................................................303 3. Managing disputes....................307 Conclusion ________________ 315 About the authors_________ 319 Index ______________________ 321 About Globe Law and Business ___________________ 329
£175.50
Bloomsbury Publishing PLC Contract Law: An Introduction to the English Law
Book SynopsisThe fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract. The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.Trade ReviewThe fact that there is a whole section dedicated on explaining Common Law and the Sources of the Law is a great addition for first year students who come from different jurisdictions as well as more mature students who have already obtained a law degree in another jurisdiction and are getting acquainted with English Contract law. -- Maria Tatsiou * UCLan Cyprus *Prof. Cartwright's is a truly excellent book, particularly helpful to students and lawyers from non-Common Law jurisdictions wishing to understand English contract law -- Jean-Sebastien Borghetti * Université Panthéon-Assas (Paris II) *Table of ContentsPreface Part I: An Introduction to the Common Law 1. The ‘Common Law’ 2. Finding the Law Part II: The Law of Contract 3. Introduction to the English Law of Contract 4. The Negotiations for a Contract 5. Formation of the Contract: Contract as ‘Agreement’ 6. Form, Consideration and Intention 7. Vitiating Factors: Void, Voidable and Unenforceable Contracts 8. Finding the Terms of the Contract 9. Controlling the Content of the Contract: ‘Unfair’ Contracts 10. Who has the Benefit of the Contract? Who is Bound by the Contract? 11. Change of Circumstances 12. Remedies for Breach of Contract
£33.24
Bloomsbury Publishing PLC Legal Due Diligence in International M&A
Book SynopsisThis book provides practitioners with a guide for handling legal due diligence in international M&A transactions. In addition to the legal aspects, it looks at organizational aspects (composition of the team, cooperation of the parties, preparation by the seller), and the use of technological tools. The book covers specific areas such as corporate law, financing, real estate, commercial contracts, intellectual property, information technology, employees, environmental law, compliance, insurance, and tax. The detailed subject index also enables quick, targeted access.
£280.25
Bloomsbury Publishing PLC Drafting and Negotiating Commercial Contracts
Book SynopsisThis book is the ‘one-stop-shop’ for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as ‘How do I draft my contract clearly?’, ‘What will happen if my contract is interpreted by the English court?’ and ‘Why are liability clauses so full of legal jargon?’, the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.Trade ReviewThis book is an absolute gem...The authors leave no stone unturned as they explore various types of commercial contract...This is a remarkable and highly practical resource that has earned its place on my bookshelf -- Sheyla Rzaeva, Solicitor, Hogan Lovells International LLP, London * Law Society Gazette *The emphasis is on the practical and providing solutions, rather than being a theoretical or scholastic work...This is a book that every lawyer involved in drafting, negotiating and, I would add, ending commercial contracts should have at their fingertips -- Paul Bennett, Partner, Bennett Briegal LLP * The Law Society Gazette *Table of Contents1: Legal formalities for a binding contract 2: The structure and format of the contract 3: Contract drafting techniques 4: Advanced drafting techniques 5: Basic commercial/legal issues affecting contract drafting 6: Interpretation of contracts by the courts - implications for the drafter/negotiator 7: Drafting consumer contracts 8: Legal terms and lawyers' jargon 9: Termination 10: Techniques for checking contracts before signing them 11: Drafting, exchanging and protecting documents electronically Appendix: Sample Agreements
£156.75
Oxford University Press Blackstones Statutes on Contract Tort
Book Synopsis
£16.99
Oxford University Press Contract Law
Book SynopsisWritten by a leading contract lawyer with extensive teaching experience, Contract Law takes a unique approach to a complex subject. Complementing academic rigour with engaging visual and analytical features, Chen-Wishart provides insightful analysis of the intricacies of the subject.Table of ContentsPart I: Introduction 1: Introduction Part II: Contract Formation 2: Agreement 3: Enforceability: consideration, promissory estoppel, formalities Part III: Privity 4: Privity Part IV: 'Vitiating' Factors 5: Misrepresentation and non-disclosure 6: Mistake 7: Frustration 8: Duress 9: Unfairness: undue influence, non-commercial guarantees, unconscionable bargains Part V: The Contents of Contracts 10: Identifying and interpreting contractual terms 11: Direct control over terms Part VI: Breach and Remedies for Breach 12: Breach of contract and termination 13: Damages 14: Specific and agreed remedies Part VII: Good Faith 15: Good faith
£46.54
Oxford University Press Agency Law and Principles
Book SynopsisThe fourth edition of the accessible and highly-regarded guide to the law of agency is fully updated including consideration of the implications of Brexit, analysis of apparent authority, and vicarious liability.Table of Contents1: The Nature of Agency 2: Creation of Agency 3: The Actual Authority of the Agent 4: Apparent Authority 5: Authority Deriving from Agency of Necessity 6: Ratification 7: The Agent's Liability for Breach of Warranty of Authority 8: Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal 9: Legal Relations Between Principal and Agent: Rights of the Agent Against the Principal 10: Legal Relations Between Principal and Agent 11: The Tortious Liabilities of Principal and Agent 12: Legal Relations Between Agent and Third Party 13: Termination of Agency
£145.00
Oxford University Press Contract Law
Book SynopsisA complete guide to contract law in a single volume. Comprising a unique balance of 60% text to 40% cases and materials, Contract Law: Text, Cases, and Materials combines the best features of a textbook with those of a traditional casebook. The author''s clear explanations and analysis of the law provide invaluable support to students, while the extracts from cases and materials promote the development of essential case-reading skills and allow for a more detailed appreciation of the practical workings of the law.Digital formats and resources:The tenth 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 functionality tools, navigation features, and links that offer extra learning support:www.oxfordtextbooks.co.uk/ebooks- On the accompanying online resources students can find additional support for their studies, including guidance on answerinTrade ReviewA comprehensive, well-written book, containing an intelligent selection of extracts from significant cases and legislation, as well as thought-provoking secondary literature. The accompanying discussion is illuminating. * Dr Grant Stirling, Lecturer in Law, University of Hull *An excellent text and materials introduction to contract law. It clearly and comprehensively explains the law with insightful comments and discussion. It is unequalled as a first point of reference and should be on every student's desk. * Dr Bruce Wardhaugh, Senior Lecturer in Law, University of Manchester *A very complete text which covers a lot of key issues and is enriched by case abstracts. * Johanna Hoekstra, Lecturer in Law, University of Essex *An excellent balance between explanation and critical analysis of the law with useful introductory summaries to the chapters, excellent use and selection of extracts from cases and articles, and reference to further reading. * Julia Cressey, Lecturer in Law, University of Bradford. *Table of Contents1: Introduction Part 1: Formation 2: Agreement: Objective or Subjective? 3: Offer and Acceptance 4: Uncertain and Incomplete Agreements 5: Consideration and Promissory Estoppel 6: Formalities 7: Intention to Create Legal Relations Part 2: Terms 8: The Terms of Contract 9: Incorporation of Terms 10: Implied Terms 11: The Interpretation of Contracts 12: Boilerplate Clauses 13: Exclusion Clauses 14: Unfair Terms in Consumer Contracts 15: Good Faith Part 3: Setting the Contract Aside 16: Mistake 17: Misrepresentation 18: Duress 19: Undue Influence 20: Unconscionability and Inequality of Bargaining Power 21: Frustration and Force Majeure Part 4: Remedies for Breach 22: Breach of Contract and Termination 23: Damages 24: Specific Performance Part 5:Third Party Rights 25: Third Parties 26: Online Chapter: Incapacity 27: Online Chapter: Illegality
£46.54
Oxford University Press Concentrate Questions and Answers Contract Law
Book SynopsisConcentrate Q&A Contract Law guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks.The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide.''A sure-fire way to get a 1st class result'' - Naomi M, Coventry University''I can''t think of better revision support for my study'' - Quynh Anh Thi Le, University of Warwick''My grades have dramatically improved since I started using the OUP Q&A guides'' - Glen Sylvester, Bournemouth University''My fellow students rave about this book'' - Octavia Knapper, Lancaster University''These first class answers will transform you into a first class studeTrade ReviewReview from previous edition 100% would recommend. Makes you feel like you will pass with flying colours * Elysia Marie Vaughan, University of Hertfordshire *I would not hesitate to recommend this book to a friend * Blessing Denhere, Coventry University *I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer * Hayden Roach, Bournemouth University *
£13.99
Oxford University Press The Laws of Restitution
Book SynopsisIn The Laws of Restitution, Robert Stevens seeks to show that there is no unified law of restitution or unjust enrichment. He also explains how the law of restitution relates to, and is bound up with, areas of contract, torts, equity, and property law.Table of ContentsForeword Preface Part I Introduction 1: Summary 2: Foundations Part II Unjustified Performance 3: Performance 4: Reversal 5: Theory 6: Practice Part III Conditional Performance 7: Conditions 8: Contract Part IV Intervention in Another's Affairs 9: Discharge 10: Necessity Part V Property and Trusts 11: Things 12: Equity: General 13: Equity: Restitution 14: Improvements Part VI Wrongdoing 15: Wrongs 16: Profits 17: Damages Part VII Countervailing Reasons 18: Defences 19: Illegality Part VIII Apologia 20: Conclusion
£97.00
Oxford University Press Pooles Textbook on Contract Law
Book SynopsisA student classic: clear, comprehensive, contextual. The immensely popular Poole''s Textbook on Contract Law has been guiding students through contract law for over 20 years. The law of contract is placed within its commercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law.Case-driven content and succinct explanations are combined with summaries, questions, and examples to allow students to gain a sound understanding of the theory and application of contract law principles.Digital formats and resources:The sixteenth 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 videos and links that offer extra learning support: www.oxfordtextbookTable of Contents1: Introduction to the law of contract Part 1 Formation 2: Agreement 3: Enforceability of promises: consideration and promissory estoppel 4: Intention to be legally bound, formalities and capacity to contract Part 2 Content, Interpretation, Performance and Privity 5: Content of the contract and principles of interpretation 6: Exemption clauses and unfair contract terms 7: Privity of contract and third party rights Part 3 Vitiating Factors 8: Mistake 9: Misrepresentation 10: Duress, undue influence, and unconscionable bargains 11: Illegality Part 4 Discharge by Frustration, Breach, and Remedies 12: Discharge by frustration: subsequent impossibility 13: Breach of contract 14: Damages for breach of contract 15: Remedies for providing specific relief and restitutionary remedies
£62.04
Clarendon Press Essays on Contract
Book SynopsisThis is a revised edition of the paperback, Essays on Contract which was published by OUP in 1988. With the addition of a further previously unpublished essay, this book can be seen as the most up-to-date and comprehensive account of Professor Atiyah''s views on the law and theory of contract. The new essay `Freedom of Contract and the New Right'' charts the latest shift in the development of contract law, this time back in the direction of Freedom of Contract. This shift, Professor Atiyah argues, can be traced directly to the growing strength of the `New Right'' and its advocacy of political and economic freedom.Trade Review`these essays are of the highest quality and will be compulsory reading for any serious student of the law of obligations.' The Irish JuristTable of ContentsThe modern role of contract law; contracts, promises and the law of obligations; Holmes and the theory of contract; Fuller and the theory of contract; form and substance in contract law; the liberal theory of contract; executory contracts, expectation damages and the economic analysis of contract; consideration - a restatement; judicial techniques and the law of contract; misrepresentation, warranty and Estoppel; contract and fair exchange; freedom of contract and the New Right.
£62.90
Clarendon Press The Law of Obligations Essays in Celebration of
Book SynopsisIn this stimulating collection of essays, which range widely over tort law, legal theory, legal history and comparative law, distinguished academics and members of the judiciary pay tribute to the late John Fleming, one of the most important and influential writers on the law of torts and comparative law.Trade ReviewThis excellent collection of essays in honour of John Fleming reflects both his international influence in several legal systems, and also his personal influence as a communicator, teacher and legal problem-solver ... throughout the text, this collection manages (like the scholar it honours) to combine the examination of broad general principles and policies, drawing on several legal categories and systems to see problems in their grand context, whilst at the same time exploring those same problems with a sharp eye for individual detail and nuance ... a thoroughly scholarly and absorbing collection. It is good value - more comprehensive than many other collections of similar price - and can be recommended as a worthy tribute to "the doyen of tort writers". * Janet O'Sullivan, The Cambridge Law Journal 1999 *This Festschrift is a worthy tribute to the towering contribution of Fleming to legal scholarship ... The volume is a valuable contribution to the analysis of contemporary tort problems. It will be of great interest to scholars, advocates and judges throughout the common law jursidictions, and also in European countries. * Johan Steyn, Law Quarterly Review, October 1999 *Table of ContentsHUMAN RIGHTS ; ASPECTS OF NEGLIGENCE ; THEORETICAL PERSPECTIVES ; A EUROPEAN PERSPECTIVE ; PRODUCT LIABILITY ; DELIVERING COMPENSATION ; A BIBLIOGRAPHY OF THE PUBLICATIONS OF JOHN GUNTHER FLEMING
£123.25
Clarendon Press The Classification of Obligations SPTL Seminar series
Book SynopsisThis volume explores the classification of obligations. Contributions include A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages by Jane Stapleton; Basic Obligations by James Penner; and an essay by Peter Birks himself entitled, Definition and Division: A Meditation on Institutes.Trade ReviewBirks is to be commended on the even-handedness of his editorship on treatments of a matter about which he feels so strongly ... Who can read Birks and not feel the power of his passionate criticisms of what often now passes for legal education? * David Campbell, Journal of Law and Society *Table of ContentsEditor's Preface ; Table of Cases ; One: Definition and Division: A Meditation on Institutes ; Two: The Juridical Classification of Obligations ; Three: Legal Classification as the Production of Knowledge Systems ; Four: The Classification of Obligations and Legal Education ; Five: Basic Obligations ; Six: More than a Trace of the Old Philosophy ; Seven: Patterns of Fusion ; Eight: A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages ; Nine: Is there a Future for International Torts? ; Ten: Private Law, Economic Rationality and the Regulatory State
£159.38
Oxford University Press The Idea Of Property In Law
Book SynopsisOf importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the `practice'' of property and the `practice'' of contract is essential for a proper understanding, but the failure to do so is common. As the author shows, it mars both Locke''s and Hegel''s philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the important of which has been generally neglected. Perhaps most controversially, the author argues that the justification of the right to property is not dependent on the justice of the reigning distribution of propertythat is a question which concerns the justice of the economygift, command, market, or mixedthat distributes all values, not just rights in property. The important `distributional'' question about property is this: to whatTable of ContentsIntroduction ; The Elements of a Normative System ; The Individuation of the Law of Property ; The Right to Property: The Exclusion Theses ; The Objects of Property: The Reparability Thesis ; The Duty of Non-Interference and Ownership ; Property and Contract I: The Power to Sell and the Influence of Markets ; Property and Contract II: Hegel's Idea of Property ; Property and Contract III: Locke and the Consent to Market Distribution ; The Role of Property ; Bibliography
£74.00
Oxford University Press Philosophical Foundations of Contract Law Philosophical Foundations of Law
Book SynopsisIn recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as ''the contract and promise debate''. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provTrade Review...[T]his superb book makes an exceptionally valuable contribution to the scholarship of this complex and fascinating area. No serious law library should be without it. * Greg Gordon, Edinburgh Law Review *Anyone interested in theoretical discussions of contract law would be well advised to read this book...[It] offers a treasure of scholarly material to satisfy a wide range of interests... Philosophical Foundations of Contract Law is exemplary in the consistently high quality of the pieces, from first to last. * Brian Bix, Cambridge Law Journal *Table of ContentsPART I: THEORETICAL APPROACHES; PART II: DOCTRINAL ANALYSIS
£49.99
Oxford University Press Complete Contract Law Text Cases and Materials
Book SynopsisComplete Contract Law offers students a carefully blended combination of the concepts and cases of contract law, accompanied by insightful commentary - a combination designed to encourage critical thinking, stimulate analysis, and promote a complete understanding.Table of Contents1: Introduction to the study of contract law 1: Creating the Contract 2: Agreement Part I: Offer 3: Agreement Part II: Acceptance 4: Certainty and the intention to enter a legal relationship 5: Consideration and promissory estoppel 2: The Content of the Contract and Performance 6: The terms of the contract 7: Exemption clauses and unfair terms 8: Breach and termination of the contract 3: Enforcement of the Contract 9: Remedies Part I: Compensatory damages following a breach 10: Remedies Part II: Principles that can limit the damages awarded following a breach 11: Remedies Part III: Non-compensatory remedies 12: Third party rights (the doctrine of privity) 4: Factors That Can End the Contract 13: Misrepresentation 14: Duress 15: Undue influence, unconscionability and equality of bargaining power 16: Frustration of the contract 17: Mistake
£40.84
Clarendon Press Contract Law
Book SynopsisThe teaching of contract law has traditionally been concerned with examining and explaining the complex doctrinal rules of contract law developed over many centuries by statue and common law. Recently, however, law teachers have begun to see the advantages of teaching the subject from a more theoretical standpoint. Led by scholars such as Atiyah and Fried and influenced by intellectual developments such as the law and economics, and the law and society movement, thestudy of the theory of contract law has blossomed in the last 25 years to the point where it is now accepted that for students to be given a proper understanding of the rules of contract law teachers of the subject must introduce them to its best theoretical literature. Textbooks and casebooks have,with one or two noteable exceptions, failed to recognize this change. By contrast, this new book takes as its starting point the need to mix theoretical approaches with the study of cases and statutes and offers students a richer,Trade Review`Excellent in the amount of periodical literature it contains.' Mrs C.A. Hopkins, University of Cambridge`The excellent contemporary contracts casebook that modern teachers have been waiting for.' Dr Joshua Getzler, University of Oxford`clear treatments of the subject and reasonably priced' Say Goo, University of Exeter`Completely new approach - unlike existing casebooks - ideal for students new to contract law.' Judith Riches, Brighton University`It is a really impressive book - a formidable collection of materials.' Roger Brownsword, University of Sheffield`Excellent book.' A.M. Dugdale, Keele University`Excellent, affordable, current!' John Murphy, University of Manchester`A very good and worthwhile book.' Hector MacQueen, University of Edinburgh`ambitious and well-produced book' Cambridge Law JournalWheeler and Shaw have brought together a wide range of primary and secondary materials and combined them with their own extensive and elucidating annotations to produce a work which represents an exciting contribution to the study and teaching of law. * Consumer Law Journal *
£75.99
Oxford University Press A Historical Introduction to the Law of Obligations
Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdictions have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering.In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctriTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *Review from previous edition A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane *Table of ContentsPROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; I FORM AND SUBSTANCE IN MEDIEVEAL LAW ; 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 3 THE MODERN LAW OF TORT AND CONTRACT ; 4 UNJUST ENRICHMENT
£62.90
Oxford University Press A Historical Introduction to the Law of Obligations
Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdiction have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering. In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *It is a valuable contribution to the literature of legal history...This work...is to be welcomed on this account for every advanced student of the subject will need to read, and digest, the book. * D.E.C. Yale Cambridge Law Journal Nov 2000 *A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane July 1999 *This is a great work of legal history by a quite exceptional scholar. Every legal historian will recognise the magnitude of its achievement. However, it is extraordinarily important that it should not be seen as only legal history. We have never had a better path to thorough understanding of the modern law of obligations in the common law. Every university jurist who teaches all or part of that area of the law must digest the learning of this book. * Peter Birks - Regius Professor of Civil Law, University of Oxford - August 1999. *Table of Contents1 PROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; 2 STRUCTURAL FOUNDATIONS ; 3 UNITY AND FRAGMENTATION OF THE MEDIAEVAL LAW OF CONTRACT ; 4 TRESPASS, TRESPASS ON THE CASE, AND THE MEDIAEVAL LAW OF TORT ; 5 THE SUBSTANTIVE LAW OF TORTS ; 6 THE SUBSTANTIVE LAW OF CONTRACT ; PART 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 7 TORT, PROPERTY, AND REPUTATION: THE EXPANSION OF THE ACTION ON THE CASE ; 8 THE RISE OF THE ACTION OF ASSUMPSIT ; PART 3 THE MODERN LAW OF TORT AND CONTRACT ; 9 TRESPASS, CASE, AND THE MORAL BASIS OF LIABILITY ; 10 THE LAW OF TORTS IN THE NINETEENTH CENTURY: THE RISE OF THE TORT OF NEGLIGENCE ; 11 THE LAW OF TORTS IN THE TWENTIETH CENTURY: EXPANSION AND COLLAPSE OF THE TORT OF NEGLIGENCE ; 12 FOUNDATIONS OF THE MODERN LAW OF CONTRACT ; 13 THE RISE OF THE WILL THEORY ; THE WILL THEORY AND THE CLASSICAL MODEL OF CONTRACT ; 14 THE DECLINE OF THE WILL THEORY: LEGAL REGULATION AND CONTRACTUAL FAIRNESS ; PART 4 UNJUST ENRICHMENT ; 15 UNJUST ENRICHMENT ; 16 LEGAL CHANGE AND LEGAL CONTINUITY
£96.00
Oxford University Press Ansons Law of Contract
Book SynopsisAnson''s Law of Contract offers exceptional detail, precision and clarity on contract law. It is a classic text in the field providing a stimulating account of the law. With comprehensive coverage of all topics covered on contract law courses, this definitive work is essential reading for anyone interested in the law of contract, whether as a student, practitioner or academic. Digital formatsThis edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksTrade ReviewAnson remains a classicthe place to go for a clear and compelling overview of any contract doctrine. * Dr Nick Sage, Assistant Professor of Law, LSE *A classical textbook in the area of contract law of outstanding clarity and precision. * Dr Anca Chirita, Assistant Professor of Competition Law, University of Durham *Table of Contents1: Introduction Part 1: Formation of Contract 2: The agreement 3: Form 4: Consideration and promissory estoppel Part 2: Contents of the Contract 5: The terms of the contract 6: Exemption clauses and unfair terms Part 3: Factors Tending to Defeat Contractual Liability 7: Incapacity 8: Mistake 9: Misrepresentation and non-disclosure 10: Duress, undue influence, and unconscionable bargains 11: Illegality Part 4: Performance and Discharge 12: Performance 13: Discharge by agreement 14: Discharge by frustration 15: Discharge for breach 16: Discharge by operation of law Part 5: Remedies for Breach of Contract 17: Damages 18: Specific remedies 19: Restitutionary awards 20: Limitation of actions Part 6: Limits of the Contractual Obligation 21: Third parties 22: Assignment 23: Agency
£50.34
Oxford University Press The Sale of Goods
Book SynopsisThe fourth edition of this established and highly-regarded work is the most systematic study available of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation.A distinguishing feature of the work is the depth of treatment of problem areas, providing clarity on the law. It provides full coverage of content, interpretation and performance issues relating to sale of goods agreements. The book also addresses the relevant aspects of consumer law, as well as issues such as recoverability of damages, currency and interest.The work has been updated in its fourth edition to cover all recent developments in caselaw, most notably The Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23 which has given rise to a new category of contract: the sui generis supply contract, for which no statutory model yet exists. Also examined in depth is the Consumer Rights Act 2015, which has profoundly affected the structure of sales law and, in a number of key instances, has also affected the substance of the law.This work remains the leading work of scholarship and an invaluable reference for all practitioners and scholars working in the field.Table of Contents1: Introduction and Conclusion of the Contract 2: Definition and Subject Matter of the Sale of Goods Contract 3: The Passing of Property 4: Risk, Mistake, and Frustration 5: The Seller's Duty and Power to Transfer Title 6: Delivery, Acceptance, and Payment 7: The Implied Terms of Description, Fitness, and Quality 8: Other Liabilities of the Seller and Liabilities of Third Parties 9: Unfair Contract Terms 10: Termination of the Contract for Breach 11: The Remedies of the Seller and the Buyer I 12: The Remedies of the Seller and the Buyer II
£310.00
Oxford University Press Contracts for the Sale of Goods
Book SynopsisThis book delivers detailed analysis of the substantive law for the sale of goods in domestic and international transactions, and comparatively analyses three major sources: The UN Convention on Contracts for the Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, and Article Two: Sales of the Uniform Commercial Code.Table of ContentsChapter 1: Introduction Chapter 2: Detailed Comparison of the Convention, the Unidroit Principles, and Article 2 of the UCC Chapter 3: Unidroit Principles not Covered in the Convention Chapter 4: Shipping Terms and their Usage
£213.43
Oxford University Press JC Smiths The Law of Contract
Book SynopsisJC 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 formTrade ReviewA popular and well-liked textbook. Very fluent and well written, with clear explanations and attention to academic debate within contract law. Always highlights grey areas of the law which are ripe for reform/challenge. * Ruby Hammer, Senior Lecturer, University of Manchester *The book is clear and accessible, with consistent structure throughout and good use of key points at the start of each chapter to guide student learning. * Aislinn O'Connell, Lecturer in Law, Royal Holloway University *The writing style is great and easily readable. It doesn't overcomplicate the content of contract law and it doesn't oversimplify it, giving it the perfect balance. * student, Oxford Brookes University *An excellent staple text for undergraduate students. It is sufficiently detailed and deals with all key issues in contract law. The commentary surrounding more controversial areas of law is great. The introductory chapter is brilliant. It excellently discusses key concepts of contract law and places it all in context to set up the rest of book. * Michael Lane, Visiting Lecturer; Birmingham City University *A comprehensive and accessible text which deals with the fundamental key principles. * Stephen Bunbury, Senior Lecturer, University of Westminster *Table of Contents1: Introduction and fundamental themes 2: Objectivity in contract law 3: Offer and Acceptance: bilateral contracts 4: Offer and Acceptance: unilateral contracts 5: Contract as an agreement 6: Identity of offeror and offeree 7: Consideration and promissory estoppel 8: Intention to create legal relations 9: Contracts requiring writing 10: Third parties 11: Identifying the terms of a contract 12: Interpretation 13: Implication 14: Rectification 15: Exclusion clauses and unfair terms 16: Misrepresentation 17: Duress 18: Undue influence 19: Unconscionable bargains and inequality of bargaining power 20: Good faith 21: Capacity 22: Illegality and restraint of trade 23: Common mistake: contracts void for failure of a basic contractual assumption 24: Frustration: contracts discharged for failure of a basic contractual assumption 25: Conditions, warranties, and innominate terms 26: Anticipatory breach of contract 27: Compensatory damages 28: Agreed remedies 29: Remedies beyond compensatory damages Glossary
£40.84
Oxford University Press Koffman Macdonald Atkins Law of Contract
Book SynopsisKoffman, Macdonald, and Atkins' Law of Contract provides a clear and comprehensive account of the principles of contract law, with the author breaking down difficult concepts whilst maintaining academic rigour.Table of Contents1: Introduction to the study of contract law 2: Formation of the contract 3: Certainty and formalities 4: Consideration 5: Promissory estoppel 6: Intention to create legal relations 7: Express and implied terms 8: Classification of terms 9: Exemption clauses 10: Exemption clauses and legislation 11: Unfair terms in consumer contracts 12: Mistake 13: Mirepresentation 14: Duress and undue influence 15: Illegality 16: Unconscionability and unfairness 17: Privity and third party rights 18: Performance and breach 19: The doctrine of frustration 20: Damages 21: Specific enforcement 22: Additional chapter: Capacity 23: Additional chapter: An outline of the law of the restitution
£40.84
Oxford University Press Borderlines in Private Law
Book SynopsisMapmaking analogies are a longstanding hallmark of private law scholarship, but the boundaries between subject areas are not always neat and tidy. Can lines be drawn between property and obligations, or common law and equity? Should tort and unjust enrichment be subordinate to the law of contract? Should equity enforce agreements that contract does not? Are equitable wrongs meaningfully different from torts? Where do these borders sit, and what does one do with areas that intersect?In this collection of essays, several of the UK''s leading academic lawyers discuss these borderlines and intersections. Covering five broad topicscontract, tort, unjust enrichment, property, and equitythe contributors take varied approaches. Some argue for distinct categories and the careful maintenance of borders, while others celebrate cross-border exchanges, or say that any attempt to draw and maintain borders is a futile endeavour. In addition to the contributions from academic lawyers, the book contains responses from senior members of the UK judiciary, including Lord Sales and Lady Carr, offering their perspectives on these debates, and advice on how to structure, order, and understand private law in the context of real-world disputes.With an esteemed group of contributors, Borderlines in Private Law is at the cutting edge of modern private law scholarship, providing invaluable discussion on the interactions between contract, tort, equity, unjust enrichment, and property law.
£85.50
Oxford University Press Blackstones Statutes on Contract Tort
Book SynopsisBlackstone's Statutes on Contract, Tort & Restitution is edited and designed to help you succeed in your law studies. With a reputation for accuracy and authority spanning over 30 years, Blackstone's Statutes remain first-choice for students and lecturers, providing a careful selection of updated legislation needed for exam/course use.Trade ReviewA must-have quick and easy reference point, with everything you need to access in one place. * Sarah Willis, Senior Lecturer, University of Northampton *These are the industry standard, containing a one-stop source for students. They cover all bases. * Dr Lucy Barnes, Associate Professor in Law, University of East Anglia *The e-book is useful to support student's learning throughout the semester and for online exams. * Dr Vera Pavlou, Lecturer, University of Glasgow *Blackstone's Statutes are a very reliable series. Up-to-date legislation, with a good match for teaching needs. Students appreciate the clear layout and easy reference materials. Ideal for exam use. * Renu Barton-Hanson, Associate Professor in Law, Middlesex University *
£18.47
Oxford University Press Contract Law Concentrate
Book SynopsisContract Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students... The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others. Carly Hatchard, law student, University of BoltonThe Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it''s a great series. Emma Wainwright, law student, Oxford Brookes UniversityThe detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level - Stephanie Lomas, law st
£14.24
Oxford University Press Blackstones Statutes on Contract Tort
Book SynopsisUnsurpassed in authority, reliability and accuracy; Blackstone''s Statutes, trusted by students for over 30 years.Blackstone''s Statutes on Contract, Tort & Restitution is edited and designed to help you succeed in your law studies. With a reputation for accuracy and authority spanning over 30 years, Blackstone''s Statutes remain first-choice for students and lecturers, providing a careful selection of updated legislation needed for exam/course use.Clear and easy-to-use, helping you find what you need instantlyEdited by experts and covering all the key legislation needed for contract and tort courses, so you can use alongside your textbook to ensure you approach your assessments with confidenceUnannotated legislation - perfect for exam useAlso available as an e-book with functionality and navigation features
£15.99
Oxford University Press Pooles Textbook on Contract Law
Book SynopsisA student classic: clear, comprehensive, contextual. The immensely popular Poole''s Textbook on Contract Law has been guiding students through contract law for over 20 years. The law of contract is placed within its commercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law.Case-driven content and succinct explanations are combined with summaries, questions, and examples to allow students to gain a sound understanding of the theory and application of contract law principles.KEY FEATURES: Delivers clear and concise explanations, enabling students to grasp fundamental concepts while also exploring the complexities of contract law for a deeper understanding. Provides a clear introduction to contract law, aligned with undergraduate curriculum needs. Chapters include summaries, questions, examples, and further reading guides, supporting students in checking their comprehension and conducting well-directed further study. Ideal for use independently or with Poole''s Casebook on Contract Law, making it an essential resource for students Also available as an e-book enhanced with self-assessment activities and multi-media content to offer a fully immersive experience and extra learning support.NEW TO THIS EDITION:- Key new cases include: Kajima Construction Europe (UK) Ltd v Children''s Ark Partnership Ltd [2023] on what constitutes an enforceable contract; Phillip v Barclays Bank UK plc [2023] on bank''s duties towards their customers; and SFL Ace 2 Inc v DCW Management Ltd [2024] on the difference between a claim in debt and an action for damages. DIGITAL FORMATS AND RESOURCES:The seventeenth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with videos, self-test questions, open ended questions and answer guidance, functionality tools, navigation features and links that offer extra learning support. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks
£40.84
Oxford University Press Atiyahs Introduction to the Law of Contract 6e
Book SynopsisAtiyah''s Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contractTrade ReviewSmith brings acute intelligence to his rather daunting task. His passion for contractual theorising is impressive...the text is elegant, accurate and clear. * The Cambridge Law Journal, 2006 *Table of Contents1. Introduction ; 2. Definition and Classification ; PART I: FORMATION OF CONTRACTS ; 3. Offer and Acceptance ; 4. Beyond Offer and Acceptance: Formalities, Intent to Create Legal Relations, and Consideration ; PART II: THE CONTENT OF THE CONTRACT ; 5. Express Terms ; 6. Implied Terms ; 7. The Force and Scope of Contractual Obligations: Standards of Care, Mistake, Frustration, Breach, and Notice ; 8. Unenforceable Contracts and Terms ; PART III: EXCUSES FOR NON-PERFORMANCE ; 9. The Duty to Disclose Material Facts ; 10. Misrepresentation ; 11. Duress and Undue Influence ; 12. Unfair Contracts ; PART IV: ENFORCING THE CONTRACT ; 13. Third Party Rights ; 14. Remedies For Breach of Contract
£57.60
Oxford University Press, USA The Public Law of Government Contracts
Book SynopsisContract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies, to complex, long-term arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully serviced hospital over a thirty-year period. English law''s traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The bTable of Contents1. Introduction ; 2. Regulating Government Contracts ; 3. The Public Law Perspective ; 4. The Decision to Use Contract ; 5. Awarding the Contract ; 6. Dealing with Policy Changes ; 7. Contract Management ; 8. Government Contractors: Public or Private? ; 9. Social and Environmental Goals ; 10. Employment Matters ; 11. Conclusions and Future Prospects
£121.50
Oxford University Press Contract Law
Book SynopsisRoger Brownsword provides a thoughtful overview of the principal themes of the law of contract. He explores the context of the recent development of contract law, and considers the many changes the law has undergone given the ever-evolving nature of English law.Table of Contents1. Introduction ; 2. The Nature of Contract ; 3. Freedom of Contract ; 4. Inequality of Bargaining Power ; 5. Reasonableness ; 6. Good Faith ; 7. The Tendency of the Modern Law ; 8. The Globalization of Contract Law ; 9. The Interfaces of Contract Law ; 10. The Rationality of Contract Law ; 11. Conclusion
£38.24
Oxford University Press Remedies for Breach of Contract
Book SynopsisA thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future.The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common FraTrade ReviewA masterly survey of the remedies for breach of contract * Professor Richard Hooley, Cambridge Law Journal *A well-written and highly informative contribution to the literature on remedies for breach of contract... Rowan manages to construct a finely balanced view on how the availability of performance-orientated remedies in English law could (and should) be enhanced, without by-passing or interfering with established tenets of English law If you want to read up on contract law, add it to your essential reading list. * Vanessa Mak, Modern Law Review *The author does a fine job of describing and comparing the different approaches of the English and French legal systems, and, in doing so, she identifies the jurisprudential differences between the two systems. * Howard Hunter, Journal of Contract Law *Table of ContentsPART I: THE SPECIFIC ENFORCEMENT AND THE DISCHARGE OF PRIMARY OBLIGATIONS; PART II: THE SECONDARY OBLIGATION TO PAY DAMAGES; PART III: ENHANCING THE PROTECTION OF THE PERFORMANCE INTEREST
£108.38
Oxford University Press Cheshire North Fawcett Private International Law
Book SynopsisThe new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students'' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law.It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections oTrade ReviewThis very well-established book needs no introduction. With contributions from an expanded team of private international law experts, the text covers almost all aspects of English private international law. Especially because it is the last edition on the English position immediately prior to Brexit, this latest edition is a most welcome product. ... It is an understatement to say that this is a huge research resource but being a huge research resource is also why it is so valuable to everyone. * Look Chan Ho, International Company and Commercial Law Review *Table of ContentsPART I: INTRODUCTION; PART II: PRELIMINARY TOPICS; PART III: JURISDICTION, FOREIGN JUDGMENTS AND AWARDS; PART IV: THE LAW OF OBLIGATIONS; PART V: FAMILY LAW; PART VI: THE LAW OF PROPERTY
£265.00
University of Chicago Press The Marriage Exchange Property Social Place
Book SynopsisMedieval Douai left an enormous archive of documents. This text reveals how these documents were produced in an effort to regulate property and gender relations. At the centre was a shift to a property regime based on contract. The book explores why the law changed and assesses its effects.Table of ContentsForeword Acknowledgments Note on Money, Dates, and Names Introduction Le Libert v. Rohard Ch. 1: From Custom to Contract Ch. 2: The Social Context of Custom Ch. 3: Legal Reform as Social Engineering Ch. 4: The Social Logic--and Illogic--of Custom Ch. 5: An Alternative Logic Ch. 6: Living with the New Ch. 7: The Weight of Experience Ch. 8: The Douaisien Reform in Historical Context Conclusion: Marie, Franchoise, and Their Sisters App. A: The Evolution of Douai's Douaire Coutumier App. B: Written Custom and Old Custom in Douai Glossary of Legal Terminology Glossary of Measures Bibliography Index
£76.95
The University of Chicago Press Dignity of Commerce Markets and the Moral
Book Synopsis
£44.00
The University of Chicago Press The Three and a Half Minute Transaction
Book SynopsisWith the near certainty of massive sovereign debt restructuring in Europe, this book speaks to critical issues facing the industry and has broader implications for contract design that may ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided.Trade Review"Mitu Gulati and Robert E. Scott have assembled extraordinarily tantalizing evidence that even the most sophisticated contracting parties use contractual provisions that neither side understands, and they continue to use these clauses even when they stand to be interpreted in a mutually disadvantageous way. The book draws the reader in as the authors explore what could possibly be going on in the law firms and investment banks of Wall Street." (J. Mark Ramseyer, Harvard Law School)"
£42.02
West Academic Publishing Contracts
Book SynopsisProvides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, third-party beneficiaries, assignments, and the statute of frauds.
£161.10
West Academic Publishing High Court Case Summaries on Contracts Keyed to
Book SynopsisContains well-prepared briefs for each major case in Ayres' casebook on Contracts. High Court briefs are written to present the essential facts, issue, decision and rationale for each case in a clear, concise manner. These briefs will help readers to identify, understand, and absorb the core “take away” knowledge from each case.
£43.70
Taylor & Francis Ltd Economic Analysis of Tort Law The Negligence
Book SynopsisThis book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions â Britain, India and the United States of America.This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law.This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.Trade Review"This study of tort cases from three jurisdictions from the perspective of negligence determination is an important contribution to the law and economics literature. The in-depth and scholarly analysis carried out in the book makes it clear that from the perspective of economic efficiency it is of utmost importance to differentiate between the two ways of determining negligence. The value of the book lies in bringing to the fore an aspect of the tort law that is of great importance from the efficiency perspective. This eminently readable text, therefore, should be of interest not only to those interested in the sub-discipline of law and economics but to judges and lawyers concerned with tort law as well."—Satish K. Jain, Retired Professor in Economics, Centre for Economic Studies and Planning, Jawaharlal Nehru University, New Delhi, India"The book makes an important contribution to the literature on economic analysis of liability rules. The primary focus of the book is on determination of negligence/non-negligence in actual judicial decision making. The exercise is undertaken through careful analysis of adjudicated cases from three legal jurisdictions of India, the United Kingdom and the United States. The work demonstrates that determination of negligence standard by courts has implications for the distribution of accident loss between and among the parties involved. More importantly, it has implications for efficiency properties of liability rules as predicted by the standard economic models."—Ram Singh, Professor in Economics, Delhi School of Economics, India"The discipline of law and economics is as yet a young and emerging area of research in India. The book makes an important contribution to this very area. The book is very well-written, and it was a pleasure to study a work such as this."—Naresh Kumar Sharma, Professor in Economics, University of Hyderabad, India"In my opinion, the overall impact and reach of the book is likely to go beyond the exact topic because it tries to relate a formal theory in the law and economics literature to its actual empirical context in a way which has largely been missing so far. The book is going to be a significant contribution to the very thin literature on the economic analysis of judgments from the Indian courts. In my opinion, the book tries to present the author's very competent, scholarly and relevant research in a cogent manner."—Rajendra P. Kundu, Professor in Economics, Ambedkar University Delhi, India‘This study of tort cases from three jurisdictions from the perspective of negligence determination is an important contribution to the law and economics literature. The in-depth and scholarly analysis carried out in the book makes it clear that from the perspective of economic efficiency it is of utmost importance to differentiate between the two ways of determining negligence. The value of the book lies in bringing to the fore an aspect of the tort law that is of great importance from the efficiency perspective. This eminently readable text, therefore, should be of interest not only to those interested in the sub-discipline of law and economics but to judges and lawyers concerned with tort law as well.’—Satish K. Jain, Retired Professor in Economics, Centre For Economic Studies and Planning, Jawaharlal Nehru University, New Delhi.‘The book makes an important contribution to the literature on economic analysis of liability rules. The primary focus of the book is on determination of negligence/non-negligence in actual judicial decision making. The exercise is undertaken through careful analysis of adjudicated cases from three legal jurisdictions of India, the United Kingdom and the United States. The work demonstrates that determination of negligence standard by courts has implications for the distribution of accident loss between and among the parties involved. More importantly, it has implications for efficiency properties of liability rules as predicted by the standard economic models.’—Ram Singh, Professor in Economics, Delhi School of Economics, India‘The discipline of law and economics is as yet a young and emerging area of research in India. The book makes an important contribution to this very area. The book is very well-written and it was a pleasure to study a work such as this.’—Naresh Kumar Sharma, Professor in Economics, University of Hyderabad, India‘In my opinion, the overall impact and reach of the book is likely to go beyond the exact topic because it tries to relate a formal theory in the law and economics literature to its actual empirical context in a way which has largely been missing so far. The book is going to be a significant contribution to the very thin literature on the economic analysis of judgments from the Indian courts. In my opinion, the book tries to present the author's very competent, scholarly and relevant research in a cogent manner.’—Rajendra P. Kundu, Professor in Economics, Ambedkar University Delhi.Table of ContentsList of tablesForeword1 Introduction2 Economic analysis of select British cases3 Economic analysis of select Indian cases4 Economic analysis of select American cases5 ConclusionBibliographyIndex
£26.24
Taylor & Francis Ltd Mediation and Commercial Contract Law
Book SynopsisThere is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house Table of ContentsList of Abbreviations. List of Figures. List of Charts. List of Graphs. Chapter I: Introduction. Chapter II: Binding Mediation Agreements and their Enforcement. Chapter III: Parties’ Rights and Obligations under a Mediation Agreement. Chapter IV: Essential Elements of a Comprehensive Legal Framework. Chapter V: Conclusion. Annex I: Model Mediation Clause. Annex II: Codebook. Bibliography. Index.
£37.99
