Contract law Books

Book SynopsisAlix Adams is a barrister with over 30 years' experience of teaching law from GCSE to degree and postgraduate level. Stephanie Caplan is a barrister and a Senior Lecturer at Kings Business School, Kings College London and Westminster Business School, University of Westminster, with extensive experience in teaching law at both undergraduate and postgraduate level and with a special interest in employment law. Graeme Lockwood is a Senior Lecturer in business law at Kings Business School, Kings College, London with a broad range of teaching experience both at undergraduate and postgraduate level and on executive business courses. He is a prominent researcher with extensive publications in employment law.Table of ContentsPreface Table of cases Table of statutes Table of statutory instruments Table of European and International legislation Part 1: Introduction: getting started Study skills The nature of law How the law is made Resolving legal disputes Part 2: Law of contract, agency and sale of goods The law of contract: Offer and acceptance The law of contract: Consideration, intention and privity The terms of the contract at common law Statutory terms in contracts for sale of goods and services Defects in the contract: Misrepresentation, mistake, duress and undue influence The consequences of illegality and incapacity: Illegality and incapacity Discharge of the contract and remedies for breach The law of agency Part 3: The law of tort The tort of negligence Negligence and special duty situations Product liability Occupiers' liability, nuisance and vicarious liability Part 4: Elements of employment law Rights at work: The contract of employment and health and safety at work Rights at work: Protection against discrimination in employment Rights at work: Protection against termination of employment by wrongful and unfair dismissal including redundancy Part 5: Introduction to company law Business organisations Forming a registered company Running the company: Raising and maintaining capital The management and governance of companies: Functions of directors, secretary and auditors Company meetings, shareholder participation and minority protection Part 6: General principles of intellectual property law Statutory intellectual property protection: Copyright, designs, patents and trademarks Common law protection of intellectual property: Passing off, malicious falsehood and breach of confidence Appendix 1: Additional resources Appendix 2: Worth thinking about? and Review questions – outline answers Index

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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

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Book SynopsisTreitel on the Law of Contract is recognised as the most thorough and discerning treatment of contract law. It is a widely adopted textbook for students and a valuable source of reference for practitioners. This new edition provides a clear and detailed analysis of an increasingly complex area of law. Examines, and offers resolutions to, controversial and problematic points of law Takes account of a number of cases in the Supreme Court including Pakistan International Airline Corporation v Times Travel (UK) Ltd (duress), Barton v Morris (implied terms, restitution), Triple Point Technology Inc v PTT Public Co Ltd (limitation of liability), Guest v Guest (proprietary estoppel) Also covers important developments in the Court of Appeal including King Crude Carriers SA v Ridgebury November LLC (doctrine of fictional fulfilment), Quantum Actuarial LLP v Quantum Advisory Ltd (restraint of trade), SK Shipping Europe Plc v Capital VLCC 3 Corp (misrepresentation) Anticipates the coming into force of the Digital Markets, Competition and Consumers Act 2024 Treitel remains the most coherent, comprehensive and compelling analysis of contract law on the market.

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Book SynopsisTake the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools.Table of ContentsIntroduction 1 Part I: Introducing Contract Law and Contract Formation 7 Chapter 1: Getting the Lowdown on Contract Law 9 Chapter 2: Let's Make a Deal: Offer and Acceptance 23 Chapter 3: Sealing the Deal: The Doctrine of Consideration 45 Chapter 4: Noting Exceptions: Promises Enforceable without a Contract 63 Part II: Determining Whether a Contract Is Void, Voidable, or Unenforceable 77 Chapter 5: Introducing Contract Defenses 79 Chapter 6: Considering Whether an Agreement Is Unenforceable Due to Illegality or Unfairness 89 Chapter 7: Evaluating the Parties' Ability to Make the Contract 105 Chapter 8: Assessing the Enforceability of Oral Agreements 119 Part III: Analyzing Contract Terms and Their Meaning 135 Chapter 9: Evaluating Unwritten Terms with the Parol Evidence Rule 137 Chapter 10: Finding Unwritten Terms That Complete the Contract 151 Chapter 11: Interpreting Contracts 169 Part IV: Performing the Contract or Breaching It 183 Chapter 12: Evaluating Whether Contract Modifi cations Are Enforceable 185 Chapter 13: Deciding Whether Unforeseen Events Excuse Performance 201 Chapter 14: Checking for Conditional Language 213 Chapter 15: Breaching the Contract by Anticipatory Repudiation 235 Part V: Exploring Remedies for Breach of Contract 247 Chapter 16: Examining How Courts Handle Breach of Contract 249 Chapter 17: Exploring Remedies in Article 2 of the UCC 267 Chapter 18: Checking for Additional Remedies 285 Part VI: Bringing Third Parties into the Picture 303 Chapter 19: Deciding Whether a Third Party Can Enforce or Interfere with a Contract 305 Chapter 20: Acknowledging the Rights and Duties of Third Parties 315 Part VII: The Part of Tens 325 Chapter 21: Ten Questions to Ask When Analyzing a Contracts Problem 327 Chapter 22: Ten Notable People (And Philosophies) in Contract Law 337 Appendix: Glossary 341 Index 345

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Book SynopsisThis textbook is an engaging introduction to the more advanced writings on contract law, primarily designed to allow students to get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. This edition has been extensively rewritten to include new cases and scholarship throughout. New sections include no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract. An excellent book for students of contract law who wish to know more, the aim of the book is not to present a complete overview of theoretical issues in contract law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guideTable of Contents1. Formation of Contract? 2. Enforceability: Consideration, Intention and Estoppel 3. Standard Forms and Written Contracts 4. Contractual Content: Terms and Their Meaning 5. Misrepresentation and Mistake 6. Frustration 7. Inequality of Bargaining Power 8. Party-Agreed Remedies 9. Judicial Remedies: Performance, Compensation and Remoteness Appendix: Third Parties.

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Book Synopsis‘…provides everything you want in a case book: a stimulating, thought-provoking and up to date account of contract law. It combines both fantastic academic commentary and superbly selected materials making it simply one of the best contract law casebooks.’ Student Law Journal This is the seventh, fully updated, edition of Professor Burrows' Casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used either on its own or to supplement a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum.Trade ReviewThe book covers the key cases considered in the contract law teaching syllabus. It is beneficial that the book includes background commentary on each topic which helps set the appropriate context for the cases discussed. The inclusion of a "notes and questions" section is also helpful as students can use it to test their understanding of the cases considered. For readers wishing to research a topic further, the "additional reading" section at the end of each chapter and the brief synopsis of the recommended texts are immensely helpful. -- Dr Nwanneka Ezechukwu * University of Sheffield *Excellent casebook on contract law. Clear and well written. Covers key authorities. Recommended for undergraduates. -- Dr Saba Navid * University of Bristol *This book is one of the most valuable I know on English Contract Law. It provides both a clear presentation of the subject-matter and a thorough analysis of essential cases. Indispensable for anyone interested in English Contract Law. -- Pascal Pichonnaz * University of Fribourg *The book provides students…with clear information about contracts and their implications on the relationship between the parties. Thus, it is essential for students to digest before moving to other parts of the module which are based on those principles and theorems. -- Jens Krebs * University of Portsmouth *Table of ContentsSummary of Contents PART ONE: THE FORMATION OF A CONTRACT 1. OFFER AND ACCEPTANCE 1. Introduction 2. Offers and Invitations to Treat 3. Acceptance 4. Termination of an Offer 5. Problematic Offer and Acceptance 2. CERTAINTY AND INTENTION TO CREATE LEGAL RELATIONS 1. Certainty 2. Intention to Create Legal Relations 3. CONSIDERATION AND PROMISSORY ESTOPPEL 1. Consideration 2. Promissory Estoppel PART TWO: THE TERMS OF A CONTRACT 4. IDENTIFYING THE TERMS 1. Terms or Mere Representations? 2. Incorporation of a Party’s Written Terms 3. Implied Terms 5. INTERPRETING THE TERMS 1. The Modern Approach to Construction 2. Construction of Exemption Clauses 6. STATUTORY CONTROL OF EXEMPTION CLAUSES AND UNFAIR TERMS 1. The Unfair Contract Terms Act 1977 2. The Consumer Rights Act 2015 (Part 2 Etc) PART THREE: REMEDIES FOR BREACH OF CONTRACT 7. TERMINATION 1. The Meaning of Termination for Breach 2. Conditions, Warranties and Innominate Terms 3. Termination Clauses 4. Anticipatory Breach 5. Restitution after Termination for Breach 6. Consumer Contracts for Goods (or Digital Content) 8. DAMAGES 1. Compensatory Damages 2. An Account of Profits 3. Negotiating Damages 4. Agreed/Liquidated Damages and Penalties 9. DIRECT ENFORCEMENT 1. The Award of an Agreed Sum 2. Specific Performance 3. Injunctions PART FOUR: PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS 10. PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS 1. Introduction 2. Four Cases Establishing or Confirming the Privity Doctrine (on its Benefit Side) 3. Exceptions to Privity (on its Benefit Side) 4. The Promisee’s Remedies in a Contract Made for the Benefit of a Third Party 5. The Contracts (Rights of Third Parties) Act 1999 6. Exceptions to the Privity Doctrine on its Burden Side PART FIVE: FACTORS ALLOWING ESCAPE FROM A CONTRACT 11. MISREPRESENTATION 1. Requirements of Misrepresentation 2. Rescission for Misrepresentation 3. Damages for Misrepresentation 4. Exemption of Liability for Misrepresentation: Misrepresentation Act 1967, Section 3 12. MISTAKE 1. Unilateral Mistake 2. Common Mistake 13. FRUSTRATION 1. The Early Approach of Absolute Liability 2. The Kinds of Events that Amount to Frustration 3. Factors Excluding Frustration 4. The Juristic Basis of Frustration 5. The Effects of Frustration 6. The Relationship Between Common Mistake and Frustration 14. DURESS 1. Duress of the Person 2. Economic Duress 15. UNDUE INFLUENCE AND EXPLOITATION OF WEAKNESS 1. Undue Influence 2. Exploitation of Weakness

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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.

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Book SynopsisThis book introduces the reader to a number of ideas and issues that underlie the English law of contract—an area of law that is often regarded as forbiddingly dry and technical but which is here made easy to understand and full of interest. Taking as its starting point the role contract law plays in helping markets to operate, the book explains how contract law regulates the commercial risks people take, while at the same time placing limits on what may be bought and sold, and ensuring that contractual powers are not unacceptably abused. A final chapter discusses how contract law can be used to make gifts of binding promises to other people. The book provides a rigorous and stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject. ‘Clearly written and bursting with interesting and novel ideas, this lively book will be a great resource for anyone interested in Contract Law.’ Paul S Davies, Professor of Commercial Law, University College LondonTrade ReviewIdeal book for students before they come up to Cambridge, reflective, thoughtful, introductory without being superficial. -- Sean Bulter * University of Cambridge *This book is original and accessible. It complements the textbooks very well. -- Liron Shmilovits * University of Cambridge *Table of Contents1. Introduction 2. Markets 3. Risk 4. Conscience 5. Limits 6. Gifts

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Book SynopsisPraise for previous edition: ‘… very comprehensive; very competent; and, what I think will be seen as its chief virtue … very clear’ – David Campbell, Law Quarterly Review ‘I enjoyed…every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.’ – Angela Swan, Canadian Business Law Journal Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered—construction, sale of goods, charterparties, professional services—and those less frequently covered in general works—such as SPAs, exclusive jurisdiction and arbitration clauses, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the how to prove lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.Table of ContentsPART I INTRODUCTION 1. A Brief Introduction to the Contract Damages Award 1. Summary 2. The Damages Remedy 3. The Principles of Compensation 4. The Theory of Contract Damages 5. The Currency of the Award PART II TYPES OF COMPLAINT 2. Pure Services: Non-Supply/Defective Supply/Delayed Supply 1. Introduction 2. Services to Commercial Claimants (Including Lost Management Time Claims) 3. Services to Public Bodies or Charities 4. Services to Consumers 3. Misadvice (Especially Professional Negligence) and Contractual Misstatement 1. Introduction to the Breach and Non-Breach Positions in Advice and Similar Cases 2. Extrication Cases 3. Adoption/Non-Extrication Cases and Repair 4. The Non-Breach Position: The Alternative Transaction the Claimant Would Have Entered Into 4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair) 1. Introduction to the Different Measures of Loss 2. Market Replacement, the First Cure 3. Repair, the Second Cure 4. Further Issues in Repair and Replacement Cases 5. The Measure when There is No Market Replacement and No Repair 5. Seller/Supplier Claims: Refusal/Failure to Accept Goods, Services or Other Performance 1. Introduction 2. Cure by Finding a Replacement Customer on the Market 3. Lost Volume Sales: Where Supply Outstrips Demand 4. No Replacement and Alternative Mitigation 5. Non-Financial Loss 6. Temporary Loss of Use of the Claimant’s Property 1. Introduction 2. The Cost of Hiring a Temporary Replacement 3. Lost Profits from Sale to the Market 4. Lost Profits from Employment of the Property 5. Loss of Use of Non-Profit-Earning Goods 7. Loss of Use of Money, Including Breach of Obligations to Pay 1. The Cost of Borrowing Replacement Money 2. Lost Profits from Use of the Money 3. Devaluation and Exchange Rate Losses 4. Causing Insolvency 5. Other Losses 6. Specific Points Relating to Breach of Obligations to Pay Money 7. Awards of Interest Outside the Claim for Damages 8. Inflation 8. Claims by a Tenant, Charterer or Hirer 1. Non-Delivery 2. Late Delivery 3. Hire of Defective Property and Damage to Hired Property 9. Warranties and Indemnities 1. Introduction to Warranties 2. Warranties of Authority 3. Warranties of Quality 4. Warranties of Reasonable Care 5. Indemnities 10. Negative Covenants (Including Exclusive Jurisdiction, Arbitration and Non-compete Clauses) 1. Introduction 2. Property-Related Restrictive Covenants 3. Exclusive Jurisdiction and Arbitration Clauses and Non-Litigation Agreements 4. Non-Compete, Non-Solicitation, Exclusivity, Business Secret and Confidentiality Clauses PART III FACTUAL (‘BUT FOR’) CAUSATION AND ACTUAL LOSS 11. Introduction to Factual (‘But For’) Causation 1. Factual (‘But For’) Causation 2. Harm that Would Have Happened Anyway 3. Concurrent Causes and the Modified ‘But For’ Test in Exceptional Cases 12. The Breach Position: What Actually Happened and What Will Happen 1. What Happened Prior to Trial? 2. What Will Happen Post-Trial? (The Chance of a Loss Principle) 3. Tax (That will or Might be Paid) 13. The Non-Breach Position: What Would or Might Have Happened but for the Breach (Including Loss of a Chance) 1. Summary 2. What Would the Claimant Have Done? 3. What Would the Defendant Have Done? 4. What Natural Events Would Have Occurred? 5. What Would Third Parties Have Done? (The Principle of Loss of a Chance) 6. The Future: What Would Have Happened after Trial 7. Tax (That Would Have Been but Has Not Been and Will Not Be Paid) PART IV LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL CAUSATION 14. Remoteness and Scope of Duty 1. For Remoteness Start with Foreseeability 2. The Assumption of Responsibility Basis of Remoteness 3. The Reasonable Contemplation Test of Remoteness 4. The Cap Rule from Cory V Thames Ironworks 5. The Scope of Duty Principle 6. Factors Relevant to Scope of Duty and Assumption of Responsibility 7. The Burden of Proof 8. The Interaction between Scope of Duty and Contributory Negligence and Contribution 15. Legal Causation, Mitigation and Contributory Negligence 1. Introduction 2. Legal Causation 3. The Principle of Mitigation 4. Betterment 5. Burdens of Proof 6. Contributory Negligence 7. Applying Legal Causation to What Would Have Happened but for the Breach 16. Causation in Practice: Intervening and Mitigatory Acts and Events by Category 1. Introduction to this Chapter 2. Claimant Failure to Avoid the Danger 3. Failing to Terminate, or Terminating, the Contract with the Defendant 4. The Claimant Sourcing or Not Sourcing a Replacement Supply or Customer or a Repair 5. Speculation by the Claimant 6. Money Made by the Claimant Post-Breach 7. Impecuniosity and Other Special Characteristics of the Claimant 8. Trading while Insolvent 9. Unreasonable Claimant Conduct 10. Post-Breach Dealings with the Defendant 11. Receipt by the Claimant of Payments or Help from Third Parties (Including Insurance and State Assistance and Litigation with Third Parties) or Non-Payment by Third Parties 12. Claimant Payments and Liabilities to Third Parties 13. Payments that would have been made by the Claimant to Third Parties 14. Passing on Risk or Selling the Property to Third Parties 15. Events External to the Claimant 17. The Date of Assessment 1. The Principles 2. The Different Dates of Purchase of a Replacement or Cure on the Market 3. The Different Dates of Sale to the Market 4. Where There Is No Opportunity to Resort to the Market PART V PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION 18. Proving Business Loss: Revenue, Capital Value, Profit and Costs, Wasted Expenditure/Reliance Losses, Burdens and the Fair Wind 1. Revenue, Profit and Capital Loss 2. Pleading, Proof, Evidence and the Fair Wind Principle 3. The Presumption of Breaking Even and the Myth of the Reliance Measure of Loss 4. Examples of Lost Profit Awards 19. Non-Pecuniary Loss 1. The Evolution of the Legal Test 2. Quantification and Presumptions 3. (Physical) Inconvenience and Disturbance 4. Personal Injury 20. Loss Comprising Liability to Third Parties or Litigation Costs 1. Indemnity for Third Party Liability 2. Costs in Relation to the Breach of Contract Dispute Itself 3. Costs in Previous Proceedings Against the Defendant 4. Costs in Third Party Proceedings PART VI OTHER MATTERS 21. Third Parties and Loss 1. Recovery by the Claimant of the Third Party’s Loss for the Benefit of the Third Party (‘Transferred Loss’ and the Albazero Principle) 2. Recovery by a Claimant of Its Own Loss 3. Third Party Claims Under the Contracts (Rights of Third Parties) Act 1999 22. Negotiating Damages 1. The Wrotham Park Decision 2. The Morris-Garner Decision 3. Basis of the Principles 4. Scope of the Principles 5. The Measure 23. Non-Compensatory Damages 1. Nominal Damages 2. Account of Profits/Restitutionary Damages 3. Punitive/Exemplary Damages 24. Concurrent Claims 1. Against the Same Defendant 2. Against Different Defendants 25. Exclusion Clauses 1. This Chapter and Introduction 2. The Role of Statutes 3. Principles of Construction 4. Particular Phrases Used in Exclusion Clauses Denoting Certain Types of Loss 5. Exclusion of Particular Types of Fault/Conduct

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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

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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

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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

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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 *

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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

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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

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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

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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.

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Book SynopsisContract Law covers the fundamental principles of contract law. Presented in a clear and accessible format, the text adopts an engaging style and explains the law in a critical and evaluative approach. Use of topical and relevant practical examples help draw out key principles and introductions to parts seek to link the law into its wider context.

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Book SynopsisFIDIC 2017: The Contracts Manager’s Handbook is a practical guide to the effective use of the management procedures within the 2017 FIDIC suite of contracts. It is an essential companion for all users of the FIDIC 2017 suite of contracts, and for users from any position in the management chain, whether Employer, Engineer or Contractor.

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Book SynopsisProvides construction industry professionals with a practical and detailed guide to the NEC4 contract The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This new edition of the book covers all changes in the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4. Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; thespirit of mutual trust'; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealingTable of Contents1 Introduction 1 1.1 General 1 1.2 Mechanics not law 2 1.3 A simple formula for understanding a contract 3 1.4 Mandatory or discretionary 4 1.5 Conditions precedent 4 1.6 Note on use of uppercase in keywords and phrases 5 2 Background to the NECECC 7 2.1 The background: First edition 7 2.2 The second edition 8 2.3 The third edition 9 2.4 The third edition (reprinted) 9 2.5 The fourth edition 9 2.6 Endorsement of NEC3 by the Office of Government Commerce 10 2.7 Endorsement by the Development Bureau, HKSAR Government 11 2.8 General philosophy: Aims and objectives 12 2.9 Flexibility 12 2.10 Clarity and simplicity 13 2.11 Stimulus to good management 14 2.12 Other characteristics 15 3 The Options: An Overview 17 3.1 General arrangement of the ECC 17 3.2 Other documents referred to 19 3.3 Contract Data 20 3.4 The published documents 20 3.5 Main Options: General outline 21 4 Spirit of Mutual Trust and Cooperation 25 4.1 Introduction 25 4.2 The clauses 25 4.3 What does it mean? 27 4.4 Practical issues 28 5 The Cast of Characters 33 5.1 Introduction 33 5.2 The Client 33 5.3 The Project Manager 35 5.4 The Supervisor 38 5.5 The Contractor 38 5.6 The Senior Representatives 39 5.7 The Adjudicator 40 5.8 The Tribunal 41 5.9 The Dispute Avoidance Board 41 5.10 Subcontractors 42 5.11 ‘Others’ 42 5.12 Named Suppliers 43 5.13 Designers 43 5.14 Principal Designer 44 5.15 Principal Contractor 45 5.16 Practical issues 45 6 Communications, Early Warnings and other General Matters 47 6.1 Introduction 47 6.2 Communications:The clause 47 6.3 Communications: Practical issues 49 6.4 Early warnings: The clause 51 6.5 Early warnings: Practical issues 53 6.6 Other matters:The clauses 55 6.7 Other matters: Practical issues 59 7 The Contractor’s Main Responsibilities 61 7.1 Introduction 61 7.2 Providing theWorks 61 7.3 Contractor’s design 62 7.4 Information modelling 66 7.5 Other matters 68 7.6 Practical issues 72 8 Subcontracting 75 8.1 Introduction 75 8.2 Definition of a Subcontractor 75 8.3 The core clauses 76 8.4 Provisions in the Main Options 76 8.5 Practical issues 77 8.6 Options for forms of subcontract in the NEC4 family 78 9 Quality Management 81 9.1 Introduction 81 9.2 Quality management system 81 9.3 Tests and inspections 82 9.4 What is a Defect? 84 9.5 The Defect procedure 84 9.6 The Defects Certificate 86 9.7 Uncorrected Defects 87 9.8 Practical issues 87 10 Title 91 10.1 Introduction 91 10.2 The core clauses 91 10.3 Practical issues 92 11 Liabilities and Insurance 95 11.1 Introduction 95 11.2 The core clauses 95 11.3 Secondary options 98 11.4 Practical issues 99 12 Time 101 12.1 Introduction 101 12.2 The programme: Contents 102 12.3 The programme: Submitting, accepting and revising 107 12.4 The programme: Practical issues 110 12.5 Starting and finishing 118 12.6 Other matters 121 12.7 Secondary Options related to Time 124 12.8 Practical issues 126 13 Payment 131 13.1 Introduction 131 13.2 The payment process 131 13.3 Payments in multiple currencies 134 13.4 Interim payments – The amount due and the Price for Work Done to Date 135 13.5 Supporting documents and records 145 13.6 Final assessment 148 13.7 The Contractor’s share 150 13.8 The Contractor’s share: Practical issues 152 13.9 Special provisions for the United Kingdom 153 13.10 Related Secondary Options 157 13.11 Practical issues 162 14 The Schedules of Cost Components 169 14.1 Introduction 169 14.2 The Schedule of Cost Components 169 14.3 The Short Schedule of Cost Components 174 14.4 Application to Subcontractors 175 14.5 Practical issues 176 15 Compensation Events:Theory and Events 179 15.1 Introduction 179 15.2 The theory 179 15.3 The events 181 15.4 Practical issues 196 16 Compensation Events: Procedures 199 16.1 Introduction 199 16.2 Notification by the Project Manager 200 16.3 Notification by the Contractor and the Project Manager’s reply 203 16.4 Other matters associated with notifying compensation events 206 16.5 Quotations: Substance 208 16.6 Quotations: Submission and reply 210 16.7 Assessments by the Project Manager 215 16.8 Proposed instructions 217 16.9 Implementing compensation events 218 16.10 Practical issues 219 17 Compensation Events: Assessment 227 17.1 Introduction 227 17.2 Changes to the Prices 228 17.3 Changes to the Completion Date and Any Key Dates 232 17.4 Project Manager’s assumptions 234 17.5 Other related matters 236 17.6 Practical issues 238 18 Termination 243 18.1 Introduction 243 18.2 Reasons for termination 243 18.3 Secondary Option X11 247 18.4 Implementing termination 248 18.5 Procedures after termination 248 18.6 Assessing the amount due after termination 250 18.7 Practical issues 252 19 Resolving and Avoiding Disputes 255 19.1 Introduction 255 19.2 Option W1 256 19.3 Option W2 261 19.4 Option W3 267 19.5 Practical issues 270 20 Secondary Options 273 20.1 Introduction 273 20.2 X2: Changes in the law 273 20.3 X4: Ultimate holding company guarantee 274 20.4 X12: Multiparty Collaboration 274 20.5 X13: Performance bond 279 20.6 X17: Low performance damages 280 20.7 X18: Limitation of liability 280 20.8 X20: Key Performance Indicators 281 20.9 X21:Whole Life Cost 282 20.10 X22: Early Contractor Involvement 283 20.11 Y(UK)3:The Contracts (Rights ofThird Parties) Act 1999 288 20.12 Z: Additional conditions of contract 288 20.13 Practical issues 289 21 Completing the Contract Data 291 21.1 Introduction 291 21.2 Purpose and form of the Contract Data 291 21.3 Contract Data Part One 292 21.4 Contract Data Part Two 304 21.5 Practical issues 309 22 The Supporting Documents: Need and Content 311 22.1 Introduction 311 22.2 Scope 312 22.3 Site Information 324 22.4 Practical issues 325 Bibliography 329 Appendix 1 Tables of Clause Numbers, Case Lawand Statutes 331 Appendix 2 Tables of Client’s, Project Manager’s, Supervisor’s, Contractor’s, Senior Representatives, Adjudicator’s, Dispute Avoidance Board and Tribunals Actions 341 Appendix 3 Tables of Communication Forms and Their Uses 379

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Book SynopsisFrances Quinn (LLB) is an award-winning journalist with a particular interest in, and experience of, the law. The late Catherine Elliott (LLB, DEA) was a qualified barrister and experienced university lecturer, who wrote extensively in the field of law. Teresa Aksamit is Senior Lecturer and Programme Lead LLB at Leeds Trinity University.

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Book SynopsisThis book presents a detailed examination on the extent to which non-pecuniary damages can properly be awarded in favour of companies. Its primary focus is the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment.Trade Review'… the arguments are developed [with overall ease and simplicity] throughout the whole book. This makes Vanessa Wilcox's work, A Company's Right to Damages for Non-Pecuniary Loss, interesting and valuable for everyone who is attracted to the intricacies of the relevant areas of law and wishes to gain a better understanding of the direction of its future development.' Zlatin Zlatev, Modern Law ReviewTable of ContentsPreface; Part I. Background: 1. Introduction; 2. Corporations, damage and damages; Part II. The European Court of Human Rights: 3. Corporate rights under the ECHR; 4. EctHR's approach to corporate non-pecuniary loss; Part III. English Law: 5. Tort law and the corporation; 6. Aggravated damages for corporate victims?; 7. Attribution theory; Part IV. Comparative Analysis and Conclusion: 8. Comparative analysis; 9. Conclusion.

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Book SynopsisThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.Trade ReviewThe range, depth and originality of the analysis of complex and intricate aspects of party autonomy in applicable law make this a must read for anyone engaged in research in this field. -- Paul Beaumont, University of Aberdeen and Jonathan Harris, King’s College, LondonThe book, that is comparative throughout, thus offers a lot to both European private law and PIL experts. -- Jan M Smits * Maastricht European Private Law Institute Blog *Table of Contents1. Introduction 2. Selection of the Applicable Law by Contract 3. The Scope of Party Autonomy 4. Independence of the Choice of Law Contract 5. Regulating the Choice of Law Contract 6. Agreement to Choose the Applicable Law 7. Formation of the Choice of Law Contract 8. Validity of the Choice of Law Contract 9. Conclusion

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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

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Book Synopsis

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Book SynopsisKey Facts Key Cases: Contract Law will ensure you grasp the main concepts of your Contract Law module with ease. This book explains in concise and straightforward terms: The rules regarding formation of contracts The contents of a contract Vitiating factors, factors which invalidate an otherwise validly formed contract The rules on discharge of contractual obligations Available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall oTable of Contents1. Fundamentals of contract law 2. Formation of a contract: agreement 3. Formation of a contract: consideration & intention 4. Other factors affecting formation legal relations 5. Privity of contract and third party rights 6. The contents of the contract: Terms 7. The contents of a contract; exclusion clauses 8. Vitiating factors: Misrepresentation 9. Vitiating factors: Mistake 10. Vitiating factors: Duress and Undue Influence 11. Vitiating factors: Illegality 12. Discharge of contract 13. Remedies

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisVegan Witchcraft is the first book to blend theories of animal rights, feminism, and modern witchcraft in pursuit of total liberation.Perhaps the most foundational of all ethics in modern witchcraft is the creed: Do no harm. Despite this, multi-species suffering persists in non-vegan witchcraft. Vegan Witchcraft examines this intriguing conflict, unpacking the role of Nonhuman Animals in modern witchcraft from a vegan feminist perspective to illuminate inequalities that persist in alternative spiritual practices in the West. Recognising Nonhuman Animals as comrades instead of consumables, vegan witchcraft confronts the harm imposed on nature, humans, and other animals and identifies witchery as a powerful conduit for social change that draws its energy from plant-based foods, multispecies solidarity, and feminine power. The book critically analyses popular witchcraft pathways in Britain and America to interrogate the many ways in which Nonhuman Animals are overlooked, objectified, or exploited, highlighting theological inconsistencies and missed opportunities that might be overcome to create a stronger practice for women and their communities. It reimagines witchcraft practice and lore to manifest justice and compassion for fellow humans, Nonhuman Animals, and nature. Veganism is advanced as a magical practice of self-care, community responsibility, conscious consumption, societal transformation, and environmental protection. The book calls for the redirection of the modern witch's path toward a just world and away from the systematic symbolic and material exploitation of Nonhuman Animals that permeates witchcraft today.This book will be essential reading for those interested in critical animal studies, animal rights, ecofeminism, vegan religious studies, environmental philosophy and witchcraft.

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Book SynopsisThis book addresses how private law liability should be assigned in contexts where modern forms of AI are deployed.AI as a technology holds the potential to radically improve global society, yet the pace of its advancement far outstrips the pace at which legal systems are responding. This book explores legal approaches to AI, how AI should be legally characterised, and proposes an overarching theoretical liability framework termed the Tri-Phase AI Liability Model. This framework is flexible in nature and considers the type of AI, the context in which it is deployed, who has the most control over the AI system and the capacity of a deployed AI. In response, this book brings greatly needed clarity to the evolving landscape of AI governance, aiding in resolving existing and emerging private law challenges.This book is a timely response to the urgent need to resolve private law liabilities and will appeal to legal professionals, policymakers, and scholars looking to understand or contribute to the current and future governance of AI within private law.

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Book SynopsisThis book offers a succinct account of why English contract law now faces functional and moral redundancy. It explores the diminishing role of the English common law of contract as a regulatory force in modern society, the implications of its decline and possibilities, if any, for its revival.Table of Contents1. Vanishing contract law; 2. Contract common law trends; 3. Contractualisation and the common law retreat; 4. Private ordering, regulation and contract law; 5. Contracts through the gaps; 6. Future challenges for contract law; 7. The possibility of common law revival; 8. Conclusion.

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Book SynopsisWith the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ‘open innovation’. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.Table of ContentsIntroduction I. Inter-firm Collaborative Innovation: The Practices, Contractual Models and Legal Challenges A. Inter-firm Collaboration in the Global Productive Vanguards: Challenges for Legal Studies B. Models of Inter-firm Cooperation: Modular, Relational and Co-creation C. Rethinking Contracting Practices and Private Law for Collaborative Co-creation D. Experimentalism in Contractual Practices II. The Rise of Collaborative Contractual Networks for the Production of Innovation: Challenges and Opportunities A. The Social Problem: De-verticalisation of Productive Activities in the New Economy B. Economic Importance: Overcoming the Stagnation of Productivity Growth and Bridging the Gap between Developed and Developing Economies III. What Role for the Law in Collaborative Contractual Networks? A. The Context: The Challenges for Contractual Networks in an Economic and Sociological Perspective B. What Role for the Law? IV. The Plan of the Book 1. Contractual Networks to Innovate: The Search for a Legal Concept I. The Business Reality: Contractual Networks Versus the Traditional Legal Concepts A. The Phenomena of Contractual Networks: Neither Contract nor Corporation B. Between or ‘Beyond’ Contract and Corporation: Other Possible Legal Classifications II. Building a Concept of Contractual Networks Adapted to the Distinctive Character of Productive Networks A. Main Features of Productive Networks: Designing a Concept of Contractual Networks B. Legal Constructs Proposed to Govern Contractual Networks: Considering the Reality of Productive Networks III. Conclusion: The Working Concept of Contractual Networks for Innovation 2. The Internal Coordination of the Collaborative Contractual Network through Governance of Contract I. Re-Interpreting Contractual Networks’ Internal Challenges for Innovation Practices II. Governance Mechanisms in Contractual Networks for Innovation A. Limitations of Traditional Contract Design B. The Governance of Inter-fi rm Innovation III. Evidence from Collaborative Contractual Networks for Innovation in Brazil A. Background to the Empirical Field and Methodology B. First Stage of Interviews C. Second Stage of Interviews IV. Inter-firm Innovation in England A. Evidence from Legal Studies B. Collaborative Arrangements in Construction in the UK: Standard Agreements and Megaprojects V. Conclusion 3. Managing the Internal Coordination of the Network: The Role of the Legal Doctrine and the Duty of Loyalty to the Network I. The Legal Doctrine Regarding Contractual Networks: A Comparative Perspective A. US Braiding Theory – ‘Low-powered Enforcement’ and Critique B. European Private Law C. Brazilian Law D. The Possibility of Low-Powered Enforcement under English and Brazilian Law E. The Legal Concept of Relational Contract in English Law II. Duties of the Members of the Network: The Proposal of a Duty of Loyalty or Sincere Cooperation towards the Network A. The Proposal and the Justification of a Duty of Loyalty or Sincere Cooperation towards the Network B. Other Distinct Concepts in Comparative Private Law C. A Duty of Loyalty to the Common Objective of the Collaborative Project III. Conclusion: Finding a Duty of Loyalty to the Network/Collaborative Project under English and Brazilian Law 4. Legal Interpretation in Contracts to Innovate: Potential Matters of Dispute I. Duty to Share Information A. Prelude: Constant Exchange of Information and Heightened Duties of Cooperation in Collaborative Networks B. Case Law C. English Law D. Duty to Provide Information under Brazilian Law E. Identifying Criteria to Assess the Potential Intensification of Duties to Disclose Information under English and Brazilian Law F. Braiding Responses to Allocation of Information through Governance Mechanisms II. Duty of Non-Discrimination in the Collaborative Contractual Network A. Prelude: Similar Opportunities for Competing Companies in Quasi-organisational Collaborative Ventures? B. Integrated Distribution Networks with Collaborative Duties and Sharing of Risks and Profits C. English Law D. Brazilian Law E. Criteria to Identify an Unjustifiable Discrimination in the Network F. Governance to Prevent Abusive Discrimination III. Sharing of Profits A. Introduction B. Case Law C. English Law D. Brazilian Law E. The Sharing of Profits: What Role for the Courts F. Governance Mechanisms: Profit-sharing Agreements, Relational Incentives, Target Costing and Open-Book Management IV. Termination: Potential Design and ‘Fundamental Breach’ A. Prelude: Distinctiveness of Termination in Collaborative Contractual Networks B. Contractual Termination and Material Breach in Experimental Innovative Relationships C. English Law D. Brazilian Law E. Criteria of Interpretation and Governance V. Conclusions 5. Conclusion I. The Reverberations of Varieties of Capitalism on Inter-firm Innovation II. The Relevance of a Comparative Perspective III. The Role of Legal Studies: Institutional Imagination of Potential Forms of Contractual Collaboration

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Book SynopsisThis book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.Table of ContentsPreface Contributors Table of Cases Table of Legislation 1. Introduction Paul S Davies (University College London, UK) and Tan Cheng-Han SC (City University of Hong Kong) 2. The Fiduciary Status of Agents Matthew Conaglen (University of Sydney, Australia) 3. Ministerial Acts Rachel Leow (National University of Singapore) 4. Justifications for and Limitations on Interventions by Undisclosed Principals William Day (University of Cambridge / 3 Verulam Buildings, UK) 5. Agency Theory Revisited and Practical Implications Gerard McMeel KC (University of Reading, UK) 6. Platform Liability for Terrorist Activities Ying Hu (National University of Singapore) 7. How Intermediaries Entrench Google’s Position in the Advertising Display Market Roger Alford (University of Notre Dame, USA) 8. The Platform as Agent Deborah A DeMott (Duke University, USA) 9. Online Intermediary Platforms and English Contract Law Christian Twigg-Flesner (University of Warwick, UK) 10. Agency, Artificial Intelligence and Algorithmic Agreements Tan Cheng-Han SC (City University of Hong Kong) 11. Client-Intermediary Relations in the Crypto-Asset World Hin Liu (University of Oxford, UK), Louise Gullifer (University of Cambridge, UK) and Henry Chong (Fusang Corp, Hong Kong) 12. As Complex as ABC? Bona Fide Purchasers of Equitable Interests Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK) 13. The Partner’s Fiduciary and Good Faith Duties: More than Just an Agent? Laura Macgregor (University of Edinburgh, UK) 14. Debt Collection and Assignment of Debts: Navigating the Legal Maze Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University) 15. Financial Wellbeing – the Missing Link in Financial Advice under Private Law and Statute Andrew Godwin (University of Melbourne, Australia), Wai Yee Wan (City University of Hong Kong) and Qinzhe Yao (Skandan Law LLC, Singapore) 16. Adjudicating Intermediary-Related Losses Hans Tjio (National University of Singapore) 17. Intermediaries as ‘Gatekeepers’ in International and Domestic Regulation Alexander Loke (City University of Hong Kong) 18. A Fine Balance: Insolvency Practitioners and the Leveraging of Intermediary Power Sarah Paterson (London School of Economics and Political Science, UK)

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Book SynopsisThis book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the ‘standpoint limitation’ and ‘remedial consistency’. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.Table of Contents1. Introduction 2. Theories of law 3. The structure of private law 4. The distributive justice theory of private law 5. The corrective justice theory of private law 6. The standpoint limitation approach 7. The standpoint limitation applied to tort and contract 8. Private property 9. Private property rights and claims 10. The common law

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Book SynopsisThe casebook was designed for four-hour, one-semester courses. It includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. The authors express their disagreement about basic issues, so that students can experience the range of possible views in modern contract law. Contemporary subjects, such as form contracts, the modern concept of unconscionability, the rise of arbitration, and the increasing importance of computers in commercial transactions, are given considerable emphasis.

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Book SynopsisWith the increasing importance of the concept of remedies in European private law, this book focuses on remedies as a distinctive and novel field of European legal research. It considers the common law tradition (England and Wales), as well as the civil law viewpoint (on the example of Germany), making the case for a European law of remedies. It is argued that ‘remedies’ are an enforcement tool influencing the scope of substantive rights. In doing so, the book analyses different mechanisms of enforcement, including the debate on private versus public enforcement as well as the perspective of criminal law. The enforcement of rights is understood as an intradisciplinary task. Remedial law is, however, distinct from procedural law, as well as from substantive law in a narrow sense. Subsequent to defining the scope of a law of remedies, this book analyses several underlying principles and common themes. For example, the proportionality test is presented as fundamental principle in European remedial law. The value gained by identifying common ground is e. g. illustrated with respect to damages in European Private Law. Especially in IP law, in turn, the CJEU rulings and secondary European legislation confirm the importance of proportionate remedies. Moreover, within the law of remedies the function of each remedy can be analysed, and respective interests can be balanced. Further examples that reveal the importance of a sophisticated enforcement are the CJEU’s recent extension of the concept of communication to the public, the notice-and-take-down-procedure in intermediary liability cases and remedies for non-conformity of digital content or consumers’ remedies in European contract law. In German patent law, the development of grace periods and shareholders´ rights in German corporate law can be analysed from a “remedy” perspective as well. Overall, this book demonstrates that remedies are more than just an addendum and innovatively presents an emerging research area. As such, it is of great relevance to all lawyers concerned with questions surrounding the enforcement of rights: international academics as well as practitioners.Table of ContentsTHE ISSUE OF REMEDIES Introduction to the ‘Law of Remedies’ (p. 3) Remedies in English Private Law – A ‘Stand-Alone’ Research Area? (p. 27) Remedies in Private Law from a German Perspective (p. 45) Rights and Remedies in Public Law (p. 61) Economics of Remedies: The Perspective of Corporate Law (p. 81) MECHANISMS OF ENFORCEMENT Private Enforcement versus Public Enforcement (p. 107) Criminal Enforcement (p. 133) FUNCTIONS OF REMEDIES Disgorgement of Profits: Distributive and Deterrant Logics (p. 153) Preventive Liability and System of Sanctions in Tort (p. 169) UNDERLYING PRINCIPLES Common Principles of Damages in EU Private Law? (p. 197) A Manifesto on Proportionality and Copyright Law: ‘Taking Remedies Seriously’ (p. 223) Asking Innocent Third Parties for a Remedy: Origins and Trends (p. 233) REMEDIES IN CONTRACT LAW AND INTELLECTUAL PROPERTY Remedies in European Contract Law: Themes and Controversies (p. 251) The Intersection between Economic Justifications for IP Rights and Cost of Enforcement in the English Courts (p. 275)

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Book SynopsisThis innovative book provides non-native English speakers with the English language skills necessary to carry out their legal studies and professional activities effectively. It focuses specifically on the legal language required in two major areas of law central to international business law, drawing on examples from English, American and European legal materials. Fully class-tested, it employs an interactive methodology widely accepted in English language teaching.Table of ContentsIntroduction; English for Contracts; The Birth of a Contract; The Life of a Contract; The Death of a Contract; English for Company Law; The Birth of a Company; The Life of a Company; The Death of a Company; Description of Cases; Glossary of Legal Terms

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Book SynopsisThis book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.Table of ContentsPart I. Setting the Scene.- Chapter 1. The Research Project on the Principles of BRICS Commercial Contracts Law. An Introduction (Mauro Bussani).- Chapter 2. Commercial Contract Law in the BRICS: A Comparative Overview (Marta Infantino).- Part II. Questions and Answers in the Framework of National Jurisdictions.- Chapter 3. The Questionnaire for the Drafting of the National Reports (Jacques Du Plessis).- Chapter 4. Brazilian Report (Umberto Celli Jr.).- Chapter 5. Russian Report (Aleksander Komarov).- Chapter 6. Indian Report (Nilima Bhadbhade).- Chapter 7. Chinese Report (Lihong Zhang).- Chapter 8. South African Report (Jacques Du Plessis).- Part III. On the Way to the Principles of Brics Commercial Contracts Law.- Chapter 9. The Possible Path towards the Principles of BRICS Commercial Contracts Law – A Comparative Analysis of the National Reports (Salvatore Mancuso)

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