Contract law Books

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Book SynopsisNEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays...Taken together they represent a coherent and compelling exposition of the English law of obligations...One is left with the picture of an [author] ...who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ...together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law ReviewTrade ReviewAndrew Burrows collection mirrors his broad interests in and undogmatic approach to all aspects of basic private law: contract, tort and restitution receive about equal treatment. Stephen A. Smith University of Toronto Law Journal January 2001 [These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ...together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis. Andrew Tettenborn Cambridge Law Journal January 2001 This is a fascinating and thought-provoking collection of eight essays Taken together they represent a coherent and compelling exposition of the English law of obligations One is left with the picture of an [author]... who remains a devotee of practical scholarship and the deductive technique of the common law and has a grasp on its intricacies second to none. Edwin Peel Law Quarterly Review February 2003Table of ContentsDividing the law of obligations; solving the problem of concurrent liability; understanding the law of restitution - a map through the thicket; free acceptance and the law of restitution; restitution - where do we go from here?; in defence of tort; legislative reform of remedies for breach of contract; improving contract and tort - the view from the Law Commission.

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Book SynopsisRecently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.Trade Review...a first class authority on contract law not only in the United Kingdom, but all throughout the common law world...the book not only sets out the law as it is today; it also has a strong historic component and shows how developments came about and what their roots are. For a real understanding, but also for teaching purposes, this is extremely valuable and almost indispensable...Common law lawyers will find all familiar aspects of what they expect from a book dealing with contract law. The book even deals with common law institutions unknown to German law...Even for German readers, it would be worthwhile and tempting to discuss almost every topic addressed in The German Law of Contract because the book is not only inspiring for common law lawyers, but for civil law lawyers as well. And what is more, in Germany the book could be, and already sometimes is, used by judges and practitioners to find reasonable advice when deciding their cases. Moreover, it makes an invaluable contribution to the discussions on the emerging European private law. It shows the solutions at which two influential legal systems, and especially their courts, have arrived in difficult cases. It also demonstrates the arguments on which they have relied. I am not aware of a German book on English contract law that reaches the same high scientific level as The German Law of Contract and fulfils at the same time all requirements that the needs of practical application request. The book must be strongly recommended to everyone interested in, and concerned with, contract law as well as comparative law. Professor Ulrich Magnus Tulane Law Review 565 (2006) Translation from German to English: The authors admirably and successfully convey the characteristics of German contract law and make the rich German legal culture accessible to the foreign lawyer. Hans Stoll Rabels Zeitschrift fur auslandisches und internationales Privatrecht 72 (2008)Table of Contents1. Introduction 2. The Formation of a Contract 3. The Content of a Contract 4. Relaxations to Contractual Privity 5. Validity 6. Setting the Contract Aside 7. The Doctrine of the Foundation of the Transaction 8. The Performance of a Contract 9. Breach of Contract: General Principles 10. Breach of Contract-Specific Contracts

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Book SynopsisThis book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.Trade ReviewThis collection of essays is one result of a conference in June 2007 in Birmingham University's attractive Business School, part of which I had the pleasure of chairing. Their focus is on a traditionally somewhat neglected field, but one of domestic and international significance to which increasing attention has rightly been addressed in recent years.The essays take damages in the widest (perhaps even controversial) sense of the word, with a number of papers tackling the border territory where 'restitutionary damages' may represent an alternative to reliance and expectation measures. This is territory where, since the House of Lords' decision in Attorney General v Blake in 2000, no practitioner can afford to be lost. But the maps are still being written, with academic assistance playing an invaluable role. The courts will for some time be engaged in implementing Lord Steyn's injunction in Blake to hammer out 'on the anvil of concrete cases' exceptions to the general principle that there is no remedy for disgorgement of profits in cases of breach of contract. The whole collection includes essays by a range of distinguished experts which address not only the philosophical underpinning of the law of damages, but also more specifically topics such as the UN Convention on the International Sale of Goods and UNIDROIT principles. Together, these essays represent a valuable, informative and stimulating body of material, for both study and reference. The organisers, Ralph Cunnington and Djakhongir Saidov, are to be congratulated for arranging the conference and marshalling, as a result, a most interesting set of contributions to learning in this important field. Lord Mance 31/10/07 The work is an informative source of information for current developments, problems, trends and debates surrounding contract damages. Anthony Lo Surdo Australian Banking and Finance Law Bulletin Vol 24, No 4 ...there is simply not space to do justice to the volume's many noteworthy contributions... David Winterton Law Quarterly Review Vol 125, April 2009 ...this is certainly a collection of essays worth having in one's library. Tham Chee Ho Singapore Journal of Legal Studies December 2008 The publisher, Hart Publishing, should be complimented for this excellent product...This book goes a considerable way towards opening our eyes to the complexities of the damages question in modern contract law. This is a book for academics and practitioners alike. For those involved in the field it is an important summation of the state of play. Donald Robertson Journal of Contract Law ...a rich, diverse and stimulating body of works that provokes the reader to rethink and rediscover the law of contract damages...The book's meticulous and critical treatment of the law as it stands in different legal systems and under different international instruments will give the reader not only a firm grasp of the current problems, but also a sure foundation for dealing with novel ones as they arise. Pey-Woan Lee Journal of Business Law Volume 5, 2009 ... a highly improving read which should leave even the most demanding remedies buff satisfied. Andrew Tettenborn Bracton Professor of Law, University of Exeter Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsCurrent Themes in the Law of Contract Damages: Introductory Remarks DJAKHONGIR SAIDOV AND RALPH CUNNINGTON Part I The Purpose and Scope of Damages 1 The Law of Damages: Rules for Citizens or Rules for Courts? STEPHEN A SMITH 2 Economic Aspects of Damages and Specific Performance Compared DANIEL FRIEDMANN 3 The Scope of the CISG Provisions on Damages INGEBORG SCHWENZER AND PASCAL HACHEM 4 Using the UNIDROIT Principles to Fill Gaps in the CISG JOHN Y GOTANDA Part II The Measures of Damages 5 The Economic Basis of Damages for Breach of Contract: Inducement and Expectation ANTHONY OGUS 6 Damages and the Protection of Contractual Reliance PETER JAFFEY 7 Are 'Damages on the Wrotham Park Basis' Compensatory, Restitutionary or Neither? ANDREW BURROWS 8 Gains Derived from Breach of Contract: Historical and Conceptual Perspectives STEPHEN WADDAMS 9 The Measure and Availability of Gain-based Damages for Breach of Contract RALPH CUNNINGTON Part III Methods of Limiting Damages 10 The Limitation of Contract Damages in Domestic Legal Systems and International Instruments ALEXANDER KOMAROV 11 No Need to Limit Where There is No Promise? JAN RAMBERG 12 Remoteness: New Problems with the Old Test ADAM KRAMER 13 Hadley v Baxendale v Foreseeability under Article 74 CISG FRANCO FERRARI 14 The Role of Mitigation in the Assessment of Damages HARVEY McGREGOR QC Part IV The Assessment of Damages 15 Expectation Damages: Avoided Loss, Offsetting Gains and Subsequent Events DAVID McLAUCHLAN 16 Damage to Business Reputation and Goodwill under the Vienna Sales Convention DJAKHONGIR SAIDOV 17 Actual Damages, Notional Damages and Loss of a Chance MICHAEL FURMSTON 18 The Market Rule of Damages Assessment MICHAEL BRIDGE 19 Changes in Monetary Values and the Assessment of Damages CHARLES PROCTOR

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Book SynopsisContractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.Trade Reviewan important addition to the literature this is a book which will be of interest to many, and it deserves to be read widely. Christian Twigg-Flesner Journal of Consumer Policy 2009 The thrust of Vanessa Mak's thesis ... is a very rich comparative analysis of the 'performance-oriented remedies' in sale of goods contracts. We have nothing but praise for the clarity, the courage and the intelligence with which Vanessa Mak develops what she hold to be the best remedial regime for a future unique European sales law Yves-Maries Laithier European Review of Contract Law Vol. 5, 2009, No. 4 It is a crisp combination of comparative law expertise and obligations scholarship, with a clear end in mind; its exposition is correspondingly limpid and ordered. This book is a well-written and excellent piece of work, and will be very valuable background reading for students and professors of contract and comparative law. It therefore comes with your reviwer's unreserved approval. Go out and buy it-or if you cannot do that, at least nag your library into getting it. Andrew Tettenborn European Law Review Volume 35, April 2010Table of Contents1-Introduction I. Scope of the Project 1. Jurisdictions and Legal Rules under Consideration 2. Limitations to the Substantive Scope of the Project II. Background and Theoretical Framework 1. The Civilian Tradition: German and Dutch Law 2. The Common Law Tradition: English Law III. Outline of the Project 2-Harmonisation of European Sale of Goods Laws I. Introduction II. Contracts, Sales Contracts and Harmonisation 1. Sales Law and European Contract Law a) Harmonisation of Contract Law in Europe b) Should Sales Law Lead the Way? 2. European Sales Law-The Road Ahead a) Harmonisation of Consumer Sales Law b) CISG and European Sales Law c) PECL or CISG as a Basis for Harmonisation of European Sales Law? 3. Conclusion III. The Boundaries of European Sales Law 1. 'One is More than Two' a) Issues of Delimitation b) A Transaction Costs Approach c) Consumer Protection and Consumer Confidence 2. Harmonisation-An Assessment of the Current Position 3. Conclusion 3-The Nature and Scope of Performance-Oriented Remedies I. Introduction II. The Nature of Performance-oriented Remedies 1. The Binding Nature of Contractual Obligations 2. The Nature of Performance: Rights or Remedies? a) Basic Notion: 'Performance-oriented Remedies' b) 'Discretionary Remedialism' c) Sub-division into Rights and Remedies 3. The Performance Interest Protected through Performance-Oriented Remedies a) The Under-Compensation Argument b) The Intentions of the Parties III. The Scope of Performance-Oriented Remedies 1. Utilitarianism v Rights-Based Theory 2. Limitations Based in Efficiency 3. Limitations Based in Moral Rights Reasoning IV. Conclusion 4-The Buyer's Entitlement to Specific Performance I. Introduction II. The Basis for Specific Performance in English Sale of Goods Law 1. Unique Goods and Section 52 of the SGA 2. Commercial Uniqueness a) Value of the Goods to the Buyer b) Temporary Unavailability of Substitutes c) Quantification of Damages III. A Wider Perspective-Specific Performance in German and Dutch Law 1. General Availability of Specific Performance 2. Limits to Specific Performance-The Other Side of the 'Appropriateness' Test IV. Restrictions on Specific Performance-Common Law and Civil Law Compared 1. English Law Bars to Specific Performance a) Impossibility b) Severe Hardship 2. Civil Law Bars to Specific Performance a) Impossibility b) Good Faith as a Bar to Specific Performance 3. Common Law and Civil Law Restrictions Compared a) Weight Attached to Restrictions on Specific Performance b) Good Faith as a General Restriction on Specific Performance 4. Conclusion V. Specific Performance in European and Other Uniform Sales Laws 1. The Basic Principle-General Availability of Specific Performance 2. Bars to Specific Performance VI. Conclusion 5-Repair and Replacement I. Introduction II. Repair and Replacement: Definitions 1. Repair 2. Replacement III. Repair, Replacement and Specific Performance IV. The Buyer's Freedom of Choice 1. The Choice between Performance-Oriented Remedies, Damages and Termination 2. The Choice between Repair and Replacement V. Restrictions on the Freedom of Choice 1. The Proportionality of the Remedy a) Proportionality and Damages b) Proportionality and Termination or Price Reduction 2. Elements of the Proportionality Test a) Value of the Goods b) Significance of the Lack of Conformity c) Inconvenience to the Buyer 3. Repair and Replacement in Commercial Sales a) The Availability of Repair and Replacement in Commercial Sales b) Restrictions on Repair and Replacement-The Proportionality Test in Commercial Sales VI. Conclusion 6-The Seller's Right to Cure I. Introduction II. Policy Issues III. Cure Before the Due Delivery Date 1. Cure in the Light of the Relationship between the Right to Withhold Performance and the Right of Termination 2. Cure, Tender and Delivery 3. Cure between Rejection and Termination 4. Conclusion IV. Cure after the Due Delivery Date 1. Where Time is of the Essence 2. Where Time is not of the Essence a) Basis of the Right to Cure b) The Time Period for Cure c) Notice or No Notice? 3. Conclusion V. Informal Attempts at Cure 1. The Time Period for Cure 2. Acceptance of Repaired Goods 3. Rejection and Termination Revisited VI. Conclusion 7-Cure: Enforcement, Limitations and the Hierarchy of Remedies I. Introduction II. Enforcement of the Right to Cure 1. The Buyer's Obligation to Take Delivery 2. Safeguards for the Buyer III. Limitations to the Right to Cure 1. Limitations-Cure Compared with Specific Performance 2. Limitations to Cure Based on Moral Rights Reasoning a) 'Unreasonable Expense' b) 'Unreasonable Inconvenience' 3. Conclusion IV. Cure and the Hierarchy of Remedies V. Conclusion 8-Conclusion I. The Buyer's Entitlement to a Performance-Orient

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Book SynopsisIt is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.Trade ReviewMacMillan has produced a stimulating and, at times refreshing account of mistake [which] will be of interest to any modern lawyers and law students curious to know what caused all the confusion in the first place. -- Warren Swain * The Edinburgh Law Review, Volume 15, Issue 2 *...a fascinating insight into the background of current difficulties for anyone interested in contract law. -- Duncan Sheehan * Restitution Law Review *...clearly of value for those interested in contract and commercial law, but it also provides much to think about for those who are interested in the history and development of the law in general, and the interactions between different legal systems specifically. -- Dr Sean Thomas * The Journal of Business Law, Issue 7 *The author has ... meticulously researched each of the principal judicial pronouncements that has assisted in the development and understanding of the doctrine of mistake...a useful historical analysis. -- Anthony Lo Surdo * Australian Banking and Finance Law Bulletin, Volume 26, Number 5 *...this is a legal history book. It will clearly be of interest to legal historians and to academics who want to know how the law developed to its current state. -- David Capper * Canadian Business Law Journal, Volume 49 *...there can be no denying that [MacMillan] has produced a very worthwhile and thorough book. It is impressively wide-ranging, carefully researched, and brings to light previously overlooked evidence about the development of mistake in the English law of contract. As a result of it, our understanding of this difficult doctrine has taken a big step forward. -- Paul Mitchell * The Journal of Legal History 32: 1 *Table of Contents1. Introduction 2. Contractual Mistake in Roman Law: From Justinian to the Natural Lawyers The Law of the Romans Roman Contract Law Roman Contract Law and Mistake Mistakes as to the Identity of a Contracting party: Error in persona Mistakes as to the Price to be Paid: Error in pretio Mistakes as to the Subject Matter of the Contract Medieval Roman Law 3. Contractual Mistake in English Law: Mistake in Equity before 1875 The Jurisdiction and Procedures of Chancery Reasons for the Intervention of Equity An Unconscientious Advantage Obtained by Mistake Agreement did not Conform to Parties' Intentions Instances Short of Fraud Protection of a Weaker Party The Limits of Equitable Intervention Forms of Equitable Relief for Mistake Rectification Specific Performance Rescission Conclusions 4. The Lack of Contractual Mistake at Common Law and the Nineteenth-century Transformation of Procedure Pleading Equitable Defences Evidence and the Pre-trial Discovery of Facts Pre-trial Discovery Witnesses Matters of Law rather than Fact Conclusions 5. Pothier and the Development of Mistake in English Contract Law Pothier and the Traité des Obligations Pothier and English Contract Law Early Contract Treatise Writers Colebrooke and Contract Law Macpherson and the Indian Contract Act 1872 Leake: The First Scientific Treatise Writer of Contract Law Judah Benjamin—The Living Transplant Conclusions 6. Von Savigny and the Development of Mistake in English Contract Law Von Savigny and German Legal Development Von Savigny and Contract Von Savigny and Mistake Sir Frederick Pollock Pollock's Principles of Contract Pollock as Will Theorist Pollock and Mistake The Changes in Pollock's Principles Sir William Anson and the Principles of the English Law of Contract Anson and Mistake Anson Modifies his Treatment of Mistake Conclusions 7. The Creation of Contractual Mistake in Nineteenth-century Common Law An Absence of Subject Matter: Couturier v Hastie (1856) Mistake which Prevents Agreement—Raffles v Wichelhaus (1864) Mistake as to a Quality of the Subject Matter—Kennedy v The Panama, New Zealand, and Australian Royal Mail Company (Limited) (1867) Unilateral Mistake rarely renders a Contract Void—Smith v Hughes (1871) Conclusions 8. Mistake of Identity An Absence of Mistake of Identity in English Law Identity Frauds: Criminal Law and the Law of Obligations Hardman v Booth: A Turning Point Cundy v Lindsay: The Beginning of Mistake of Identity The Treatise Writers and the Development of Mistake of Identity New Legislation and a Changed Judicial Approach Conclusions 9. Mistake after Fusion The Judicature Act 1873 Equitable Mistake in the Chancery Division of the High Court The Impact of Procedural Unity upon Substantive Law Reform and Perform The Growing Necessity for the Mistake to be Bilateral The Increasing Rigidity of Equitable Relief Substantive Fusion of Mistake A Reduced Ambit for Mistake in Equity Common Law Mistake in the High Court The Importance of Bell v Lever Brothers The Court of Appeal The House of Lords The Importance of Solle v Butcher Conclusions 10. Summary and Conclusions Summary Conclusions Common Law Legal Development Transplants Contractual Mistake in Modern law

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Book SynopsisThe law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.Trade Review...a welcome contribution. With its careful analysis and clear prose, the book warrants our serious attention. -- Graeme Austin * New Zealand Law Journal *...this book is a gem. It is beautifully clear in its exposition, and thorough in its examination of the area which has long needed such a look. Academic tort lawyers will love it and practitioners will find it extremely useful in clarifying their approach to arguing defences. It is worth having in your library. -- Prue Vines * Australian Civil Liability *... a highly original and insightful analysis into the law of defences to torts as a whole [that] is certainly worthwhile reading. -- James Plunkett * Australian Law Journal, Volume 88 *... an excellent, thought-provoking and rigorously analytical book, which is clearly written and meticulously researched. -- Paul Mitchell * Sydney Law Review, Volume 36 *...Goudkamp's book is the first scholarly study of tort law defences as a whole, and as such is a major addition to the scholarship of tort law. The range of the author's scholarship is impressive, not only in its scale, in that it has extended over the whole field of the law of torts, but also jurisdictionally, and in the use he makes of criminal law scholarship about defences - which may be a first for torts scholars. There are passages which are heavy on theory...which are particularly telling in showing the author's mastery of such areas. The work as a whole has carved out a new area in tort law research and is a most impressive contribution to the scholarly literature on this subject. -- Peter Handford * Torts Law Journal, Volume 21 *... Tort Law Defences... forces everyone with a serious interest in tort (and more widely in private law) to think harder about the topic. ...this is the first serious study devoted to the subject in the common-law world. That tort law defences have been under-analysed is self-evident: indeed, Goudkamp’s namesake book is the first serious attempt to conceptualise them. This is enough in itself to make it a landmark in tort scholarship. If defences are one day recognised as a coherent field of study, it will be in large part this book’s heritage. ... Tort Law Defences is ... a pioneering work. It challenges us to think harder about doctrines which are extremely important, both on a theoretical and a practical level. -- Eric Descheemaeker * The Modern Law Review, Volume 77(3) *... the book is impeccably researched and readable. -- Peter Fagan * New South Wales Law Society Journal, 2014 *In this very significant and thought-provoking book, James Goudkamp offers a fresh conceptualisation of the law governing tort defences, and does so with a rigour and energy that make the book a chellenging yet highly worthwhile study... It is an invaluable addition to torts scholarship. This fine book makes an ambitious argument that is sustained by rigorous scholarship and expressed with clarity and cogency. It deserves to be read and analysed by all those interested in tort law and the law of obligations. -- Desmond Ryan * Legal Studies, volume 34, number 4 *James Goudkamp’s book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon…[his] analysis is consistently thought-provoking…this book will provide the framework for future analysis of all private law defences. -- Graham Virgo * The Cambridge Law Journal *James Goudkamp’s Tort Law Defences fills a startling gap in tort law scholarship, which has not previously made a serious attempt to classify or theorize about defences...Goudkamp’s book provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured. -- Erika Chamberlain * Canadian Business Law Journal *This book, a revised version of the author's doctoral thesis, is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship...an instant classic. -- Annette Morris and Ken Oliphant * Yearbook of European Tort Law, 2013 *...this book is a pathbreaker in theorising about tort law defences and deserves a space on the shelves of law libraries and tort law academics. -- Kumaralingam Amirthalingam * Singapore Journal of Legal Studies *This ambitious new work is the first concerted attempt to develop a coherent theory of defences in tort. In doing so, it addresses many of the fundamental questions that need to be analysed in order to grasp the deeper nature of defences as a functional, normative instrument in tort law. The light shed on the functionality aspect is very helpful from a comparative perspective...written in a very clear and systematic nature and Goudkamp’s language is impressively precise and readable. His analyses are based on a wide range of very interesting theoretical material, and he is undoubtedly a very knowledgeable scholar in this area...an important stepping stone in both general law theory and general theory about private law. -- Anie Marie Froseth * Journal of European Tort Law *Table of Contents1 Introduction 2 Torts and Defences 3 Denials 4 A Taxonomy of Tort Law Defences 5 Applying the Taxonomy 6 Implications 7 Rival Taxonomies 8 Denials of Responsibility 9 Future Directions

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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 SynopsisThese essays, first delivered at the SPTL/UKNCCL conference in September 1996, offer a scholarly and practical analysis of the consequences of contractual failure. The contributors include many of the UK's leading contract and restitution law scholars, joined by a select number of French and German compartists. The essays range broadly over all aspects of contractual failure, including the issue of loss and gain, remedies for breach, the proprietary consequences, restitution in EU law under Article 85 (EC), the duty to re-negotiate, contractual liability, as well as more general restitutionary issues. Contributors: Malcolm Clarke; Gerhard Dannemann; Brice Dickson; Steve Hedley; Alison Jones; Christian Lapoyade Deschamps; Hector MacQueen; Richard Nolan; Janet O'Sullivan; Edwin Peel; Geoffrey Samuel; Erich Schanze; Eltjo Schrage; John Stevens; Robert Stevens; Felicity Toube; Janet Ulph; Peter Watts; Sarah Worthington.Table of ContentsLoss and gain at greater depth - the implications of the Ruxley decision, Janet O'Sullivan; loss and gain at greater depth - the implications of the Ruxley decision - a comment, Edwin Peel; remedies for breach of contract - specific enforcement and restitution, Richard Nolan; remedies for breach of contract - specific enforcement and restitution - a comment, Peter Watts; the proprietary consequences of contract failure - Sarah Worthington; the proprietary consequences of contract failure - a comment, Janet Ulph; restitution under Article 85(2) of the EC Treaty - can it be done?, Felicity Toube; restitution under Article 85(2) of the EC Treaty - can it be done? a comment, Alison Jones; restitution for termination of contract in German Law, Gerhard Dannemann; failure of long-term contracts and the duty to re-negotiate, Erich Schanze; failure of long-term contracts and the duty to re-negotiate - a comment, Geoffrey Samuel; le mythe de la responsabilite contractuelle en Droit Francais, Christian Lapoyade Deschamps; the myth of contractual liability in French law - a comment, Malcolm Clarke; contract, unjustified enrichment and concurrent liability - a Scots perspective, Hector L. MacQueen; contract, unjustified enrichment and concurrent liability - a Scots perspective - a comment, John Stevens; contract and restitution - a few comparative remarks, Eltjo Schrage; contract and restitution - a few comparative remarks - a comment, Brice Dickson; restitution - contract's twin?, Steve Hedley; restitution - contract's twin? - a comment, Robert Stevens. Appendix: the publications of Sir Guenter Treitel.

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Book SynopsisWritten by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwideTrade ReviewOverall, this is a very fine book which is indispensable reading for any practitioner active within the field and which will also be of great interest to students and scholars of maritime law, energy law or the law of commercial contracts. - Greg Gordon, University of AberdeenTable of ContentsPart 1- Offshore Contracts Chapter 1. BIMCO’s Offshore Contracts Chapter 2. Key Aspects of New WINDTIME Form Chapter 3. HEAVYCON 2007: Liabilities, Exceptions, Indemnities Chapter 4. Knock for Knock Clauses in Offshore Contracts- The Fundamental Principles Chapter 5. The Construction of Mutual Indemnities and ‘Knock for Knock’ Clauses Chapter 6. Consequential Loss Exclusion Clauses in Offshore Contracts: The Need for Greater Clarity Chapter 7. Excluding Consequential Damages Chapter 8. Wilful Misconduct and Gross negligence Exclusions in ‘Knock for Knock’ Provisions in Offshore Contracts Chapter 9. Knock for Knock- The P & I Perspective Chapter 10. Standard Contracts Used in the Offshore Insurance Sector: Clear and Unambiguous? PART 2- Offshore Liabilities Chapter 11. Pollution from Offshore Rigs and Installations- UK Law Chapter 12. Norwegian Perspective with regard to Liability Regimes Concerning Oil Rigs and InstallationsChapter 13. Offshore Injury- Whose Jurisdiction, What Law? Chapter 14. Marine Spatial Planning- An Incoming Tide of Opportunity or Liability?

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Book SynopsisChinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. Table of ContentsChapter 1. Introduction to Insurance and China’s Insurance industry Chapter 2. Chinese Legal System and the Insurance Law Chapter 3. The Regulation of Insurance Chapter 4. Formation of an Insurance Contract Chapter 5. Terms of Insurance Contracts and Construction Chapter 6. Premiums Chapter 7. Insurable Interest Chapter 8. The Insured’s Duty of Disclosure and Representations Chapter 9. The Insurer’s Pre-contractual Duty of Good Faith Chapter 10. Increase of Risk during the Insurance Period Chapter 11. Double Insurance and Contribution Chapter 12. Causation Chapter 13. Risk Prevention and Loss Mitigation Chapter 14. The Making of a Claim Chapter 15. Settlement of Claims Chapter 16. Fraudulent Claims Chapter 17. Subrogation Chapter 18. Modification and Rescission of Insurance Contracts Chapter 19. Property Insurance Chapter 20. Life and Accident Insurance Chapter 21. Liability Insurance Chapter 22. Motor Vehicle Insurance Chapter 23. Reinsurance Chapter 24. Marine Insurance

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Book SynopsisWith the rapid development of China's insurance industry and the opening of the Chinese insurance market to the world, Chinese insurance law and regulation has become an increasingly relevant topic for insurance practitioners and academics. The Regulation of Insurance in China therefore provides a much needed analysis of the Chinese regulatory system. This is the first systematic text written in English on the regulation of insurance in China and provides a comprehensive and systematic analysis of rules of law and administrative regulations on China's insurance industry and insurance market, covering four level of regulatory hierarchy - the statutory law, the regulations enacted by the central government (the State Council), the regulations developed by the insurance supervision and regulation authority of the State Council, and self-regulations by the insurance industry.This book is essential reading for insurance companies and legal practitioners looking to do busineTable of ContentsCHAPTER 1 Introduction of Insurance Regulation and Insurance Industry1.1 Introduction1.2 The nature of insurance 1.3 Reasons and objectives of insurance regulation1.4 The outline of this book1.5 The development of China’s insurance industry1.6 The present insurance market in China1.7 The further development of the insurance industry1.8 Conclusion CHAPTER 2 Chinese Legal System and the Insurance Legislation2.1 Introduction 2.2 Philosophical traditions of Chinese law2.3 The legislative system2.4 The judicial system 2.5 Insurance legislation in China2.6 Administrative regulations by the State Council The judicial interpretations of statutory law by the SPC Regulations enacted by the insurance supervision and regulation authority of the State Council and other relevant regulatory authorities Self-regulation rules 2.10 The regulatory framework of insurance in China2.11 ConclusionCHAPTER 3 Insurance Supervision and Regulation Authority and System3.1 Introduction3.2 A historical consideration of the development of insurance regulatory authority 3.3 Statutory functions and responsibilities of the insurance supervision and regulation authority of the State Council3.4 The China Banking and Insurance Regulatory Commission3.5 The functions and responsibilities of local offices of the CBIRC3.6 The new duty of the local offices of the CBIRC to implement certain administrative licensing matters3.7 The allocation of responsibilities between the CBIRC and its local offices for the supervision and regulation of property insurance companies and reinsurance companies3.8 Methods of insurance supervision and regulation 3.9 Corrective measures and administrative penalties 3.10 Conclusion CHAPTER 4 Formation and Dissolution of Insurance Companies4.1 Introduction4.2 Formation of insurance companies 4.3 Formation of branch offices4.4 Formation of overseas insurance institutions4.5 Formation of reinsurance companies4.6 Formation and business scope of insurance group companies Regulation on modification, dissolution and abolition of insurance institutions Market access and withdrawal of non-insurance subsidiaries of insurance companies 4.9 Supervision and administration of insurance institutions4.10 Supervision and administration of insurance group companies4.11 ConclusionCHAPTER 5 Regulation of Foreign-Funded Insurance Companies and the Representative Offices of Foreign Insurance Institutions5.1 Introduction5.2 Regulation on the administration of foreign-funded insurance companies 5.3 The Implementation Rules for the RAFFIC 5.4 Administration of representative offices of foreign insurance institutions in China5.5 ConclusionCHAPTER 6 Regulation of Administrative Licencing and Insurance Permits6.1 Introduction 6.2 The principles of insurance licensing6.3 Administrative licensing and insurance permits6.4 The Provisions on Implementation Procedures of Administrative Licensing 6.5 Regulation of insurance permits6.6 ConclusionCHAPTER 7 Regulation of Corporate Governance7.1 Introduction7.2 The legal framework for corporate governance of insurance companies7.3 Statutory requirements for directors, supervisors and senior officers of insurance companies7.4 Requirements for directors, supervisors and senior officers formulated by the CBIRC The regulation of corporate governance structure 7.6 Regulation of the operation of the board of directors of insurance companies7.7 Administration of auditing of directors and senior managers of insurance companies Internal audit of insurance companies 7.9 Guidelines for salary management rules of insurance companies7.10 Compliance management of insurance companies7.11 Related-party transactions of insurance companies7.12 Risk management of insurance companies7.13 Comprehensive risk management of personal insurance companies7.14 Internal control of insurance companies7.15 Evaluation of insurance company corporate governance7.16 Corporate governance of insurance group companies and of insurance groups7.17 Information disclosure by insurance companies7.18 Corporate governance action plan for three years from 2020 to 20227.19 ConclusionCHAPTER 8 Regulation of Equites of Insurance Companies8.1 Introduction8.2 Classification of equites of insurance companies8.3 Qualifications of shareholders8.4 Acquisition of equities8.5 Funds for acquiring equities8.6 Behaviours of shareholders8.7 Management of equity matters8.8 Submission of materials to the CBIRC8.9 Supervision and administration8.10 Equity information disclosure by insurance companies8.11 ConclusionCHAPTER 9 Regulation of Insurance Business9.1 Introduction9.2 An overview of law and regulations for insurance business9.3 The regulation on scope of insurance business9.4 Statutory and regulatory requirements for insurance clauses and premium rates9.5 Regulation of insurance clauses and premium rates of property insurance 9.6 Regulation of insurance clauses and premium rates of commercial motor vehicle insurance9.7 Regulation of insurance clauses and premium rates of personal insurance 9.8 Development of insurance products by property insurance companies9.9 Improving the product supervision of property insurance companies9.10 Strengthening the supervision of personal insurance products9.11 Regulation of product development and design of personal insurance companies9.12 Regulation of information disclosure of insurance products9.13 Premium rate adjustment and information disclosure of long-term medical insurance products9.14 Regulation of actuaries9.15 Regulation of reinsurance business9.16 ConclusionCHAPTER 10 Regulation of Conduct of Insurance Companies 10.1 Introduction10.2 Legal framework for the regulation of the conduct of insurers10.3 Regulation of the conduct of insurance business10.4 Regulation on conduct of insurers in advertising or selling insurance products10.5 Prohibition of misconducts of insurers and their employees10.6 Guidelines for the determination of misleading sales of personal insurance10.7 Guiding opinions on liability for misleading sales of personal insurance10.8 The basic services of the personal insurance business10.9 Telephone sales of insurance products10.10 Retrospective administration of insurance sales practices10.11 Electronic return visit of life insurance10.12 Regulation of the conduct of insurance claims10.13 Evaluation of the service of insurance companies 10.14 Evaluation of the business operation of insurance companies 10.15 ConclusionCHAPTER 11 Regulation of Solvency11.1 Introduction11.2 The legal framework of regulation of solvency11.3 The first generation of solvency regulation system11.4 The conceptual framework of the second generation of solvency regulation system11.5 The documentary framework of C-ROSS11.6 The impact of the C-ROSS11.7 The second phase of the construction of the C-ROSS11.8 Capital guarantee funds11.9 The management of reserves for non-life insurance businesses of insurance companies11.10 ConclusionCHAPTER 12 Regulation of the Use of Insurance Funds12.1 Introduction12.2 The current state of insurance funds utilization12.3 Regulatory principles for insurance funds utilization12.4 An overview of the regulatory framework regarding the use of insurance funds12.5 Channels for the use of insurance funds12.6 Insurance funds in bank deposits12.7 Insurance funds investment in bonds12.8 Insurance funds investment in stocks 12.9 Investment of insurance funds in real estate12.10 Indirect investment of insurance funds in infrastructure projects12.11 Insurance funds investment in equities12.12 Investing insurance funds in infrastructure debt investment plans12.13 Insurance funds investment in collective trust funds12.14 Investment of insurance funds in venture capital funds 12.15 The proportional regulation of the utilization of insurance funds12.16 Modes of insurance funds utilization12.17 Entrusted investment of insurance funds12.18 Regulation of the insurance asset custody business12.19 Decision–making operating mechanisms for insurance funds utilization12.20 Risk management and control for insurance funds utilization12.21 Supervision and administration for insurance funds utilization12.22 Overseas investment with insurance funds12.23 Administration of insurance assets management companies12.24 Insurance asset allocation management12.25 Internal control of insurance funds12.26 The scoring supervision over internal control and regulatory compliance in the use of insurance funds12.27 Five-grade risk based insurance asset classification 12.28 Disclosure of capital use information by insurance companies12.29 ConclusionCHAPTER 13 Regulation of Insurance Agents13.1 Introduction13.2 Insurance intermediaries market in China 13.3 General agency principles13.4 Regulations of insurance agents13.5 The duties of insurance agents13.6 Supervision and administration of insurance agents 13.7 Regulation of side-line bancassurance business13.8 Strengthening the supervision and administration of insurance intermediaries13.9 Strengthening the administration of intermediary channel of insurance companies13.10 ConclusionCHAPTER 14 Regulation of Insurance Brokers14.1 Introduction14.2 Insurance brokerage market in China14.3 An overview of regulation of insurance brokers14.4 The features of insurance brokers14.5 The business scope of insurance broker14.6 The duties of insurance brokers14.7 Insurance brokers’ liability for loss and damages caused to the proposers14.8 Regulatory rules for insurance brokers 14.9 Foreign-funded insurance brokers14.10 ConclusionCHAPTER 15 Regulation of Insurance Adjusters15.1 Introduction15.2 The development of insurance adjusters 15.3 The Provisions on the Supervision and Administration of Insurance Adjusters15.4 The basic rules for insurance adjusting15.5 Foreign investors are permitted to operate loss adjusting business in China15.6 Factors which affects legal effect of an insurance adjusting report15.7 ConclusionCHAPTER 16 Health Insurance16.1 Introduction16.2 The present position of commercial health insurance in China16.3 An overview of the regulatory framework for commercial health insurance16.4 The Opinions of the General Office of the State Council on Accelerating Development of Commercial Health Insurance 201416.5 The Measures for the Administration of Health Insurance 16.6 Health insurance business with individual tax preferences Critical illness insurance Conclusion CHAPTER 17 Pension Insurance 17.1 Introduction17.2 The legal framework for the regulation of commercial pension insurance17.3 The State Council’s opinions on the development of commercial pension insurance17.4 The measures for the administration of old-age security management business17.5 The programme of the elderly housing reverse mortgage pension insurance17.6 The programme of individual tax-deferred commercial pension insurance business17.7 The Interim Measures for the Administration of the Utilization of Individual Tax- Deferred Commercial Pension Insurance Funds Conclusion CHAPTER 18 Agriculture Insurance18.1 Introduction 18.2 An overview of the regulatory framework for agriculture insurance in China 18.3 Development of agriculture insurance in China18.4 The State Council’s Regulation of Agriculture Insurance18.5 Qualification requirements for an insurance company to conduct agriculture insurance18.6 Agriculture insurance contracts clauses and premium rates18.7 The drafting of clauses on agriculture insurance products subsidized by the centraltreasury18.8 Catastrophe risk reserve of agriculture insurance18.9 Underwriting and claim handing of agriculture insurance 18.10 Premium subsidies by governments18.11 The Pilot Programme on agricultural catastrophe insurance 18.12 The Pilot Programme of full cost insurance and income insurance for the three majorgrain crops18.13 Further development of agriculture insurance18.14 Self-regulation of agriculture insurance Typical crop insurance clauses 18.16 ConclusionCHAPTER 19 Catastrophe Insurance19.1 Introduction19.2 The legal framework for catastrophe insurance19.3 The China Urban and Rural Residential Building Earthquakes Catastrophe Insurance Pool and the early development of the catastrophe insurance system19.4 The Implementation Plan for Establishing the Catastrophe Insurance System for Urban and Rural Residential Housing in Earthquakes19.5 The Measures for the Administration of the Special Reserve Fund for Urban and Rural Residents' Earthquake Catastrophe Insurance19.6 The Model Insurance Clauses for Urban and Rural Residents Housing Earthquake Catastrophe Insurance 19.7 Earthquake insurance practice in Sichuan Province19.8 Earthquake insurance systems in other countries19.9 ConclusionCHAPTER 20 Motor Vehicle Insurance20.1 Introduction20.2 Legal framework for motor insurance20.3 Compulsory motor insurers20.4 Persons who are required to take compulsory motor insurance20.5 The scope of the insured persons The limits of the amount covered under a compulsory motor insurance policy 20.7 The scope of the third party victims20.8 The insured’s pre-contractual duty of disclosure 20.9 The insurer’s pre-contractual duty to explain the content of the contract 20.10 The contents of a compulsory motor insurance contract22.11 The Road Traffic Accident Social Relief Fund 20.12 The third party rights against the insurers20.13 Non-compulsory commercial motor insurance20.14 ConclusionCHAPTER 21 Regulation of Internet Insurance21.1 Introduction21.2 The development of Internet insurance in China21.3 Regulation of internet insurance21.4 Guarantee insurance business on Internet platform21.5 Retrospective management of Internet insurance sales activities21.6 ConclusionCHAPTER 22 Regulation of Mutual Insurance Organisations22.1 Introduction22.2 The development and significance of mutual insurance in China22.3 Pilot Measures for the Supervision and Administration of Mutual Insurance Organizations22.4 ConclusionCHAPTER 23 Protection of Insurance Consumers23.1 Introduction23.2 Legal framework for the protection of the insurance consumers23.3 Insurance consumer confidence index23.4 An overview of the insurance security fund23.5 The Administration of insurance security fund23.6 The business operation of the Insurance Security Fund Co. Ltd 23.7 The construction of system and mechanisms for protection of consumers23.8 The handling of consumers’ complains 23.9 Consumers disputes resolution23.10 ConclusionCHAPTER 24 The Self-Regulatory Institutions24.1 Introduction24.2 The Insurance Association of China24.3 Insurance Asset Management Association of China24.4 Insurance intermediary associations24.5 ConclusionAppendix 1 The Insurance Law of the People’s Republic of China

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Book SynopsisThis book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocolTrade Review"Fresh Produce Shipping provides a "go to guide" for Importers / Exporters, Loss adjusters, Fresh Produce Surveyors, students with an interest in Fresh Produce shipping and claims handling, by providing a comprehensive realistic understanding of the market inan easy to understand text. The book provides a step by step understanding of the claims handling process covering both Airline and Ocean shipments providing reference guides and an understanding of the various conventions relevant to both forms of shipping." -- Victoria Bredin, British Association of Cargo SurveyorsTable of ContentsDedication; Acknowledgements; Foreword; Table of Cases; Definitions; Introduction; Chapter 1 - An Overview of the Claims Process ; The Loss; Air; Ocean; The Strategy to be adopted; Chapter 2 - An Overview of the Legal Framework for Air Cargo and Ocean Cargo Liability; Air; Ocean; Hamburg Rules; Chapter 3 – Detailed Actions after Discovery of the Loss ; The Question of Abandonment ; Delivery Signatures on Collection and Receipt; Air Cargo; Ocean Cargo; Claim Notification & Invitation to Carrier to attend Survey; Air; Salvage and Mitigation; Survey & Investigation; Joint and Separate Surveys; Air; Ocean; Common Causes; Air; Temperature Abuse; Delay; Ocean; Temperature Abuse; Suffocation and CO2 Injury; Delay; Evidencing the container loading; Pre-Shipment Condition and Temperature; Shelf-life tests; The Relevance of Pre-Shipment Evidence; Trip Thermographs; Air; Ocean; Analysis of Transit History; Determination of Cause; Air; Ocean; Chapter 4 - Documentation Gathering; Booking Request and Carrier confirmation (Ocean only); Supplier Invoice; Packing List or Load List; Health Documents; Certificate of Origin, Movement Certificate EUR.1; Air Waybill; Air Cargo Consolidations and House Air Waybills; Ocean Bills of Lading and Sea Waybills; House Bills of Lading; Airline Release Note, Removal Authority, or Airline Delivery Order; Goods Inwards Records; 1st Inspections/Quality Control Records and Photographs; The Surveyor’s Report; Chapter 5 – The Legal Rules determining for What you can Claim; The Central Principle of Restitutio in Integrum; Attempts to derogate from this principle; Damages in Contract and Damages in Tort; Interest on Damages; Duty to Mitigate; Date for Assessment; Chapter 6 - Calculation of Constituent Claim Values; ASMV- Arrived-Sound Market Value; Proof of Arrived-Sound Market Value; The ‘Supermarket Market’; The ‘Wholesale Market’; Sales Price Lists; ADMV – Arrived-Damaged Market Value; Cost-based quantum; Directly-Related Expenses; Survey Fee; Sorting/Repacking; Dumping Costs and Certification; Other Possible Costs; Chapter 7 - Claim Submission; Covering Letter; Presentation Standards & Well-ordered Attachments; Submission of Claims by email; Other methods of claim submission – Air Cargo Claims; If by Post, obtain Recorded Delivery and why; Ask yourself?; Chapter 8 - Time Limits and Time Bar Protection; Time Limits; Air Cargo; Ocean Cargo; Time Bars; Air; Ocean Cargo; Chapter 9 - The Struggle For Settlement; Unreasonably-Delayed Responses & Refusal to Deal; The Burden and Onus of Proof; Delay not involving Physical Damage; Air Cargo; The Central Principle of a Carrier’s Liability under Applicable Law; Aspects of entitlement to claim and sue; Cessions of Rights; In relation to House Air Waybills; Objections to Quantum; The ‘Market’; Survey Fees; All other expenses; Defences – and Countering them; Contributory Negligence; Pre-Shipment Causes; Harvest Records; Pack House Protocols; ‘Hot Stuffing’ - Ocean; ‘Hot Delivery’ – Air; Mixed Maturity; Rots, and Diseases; Thermographs; Reefer container Inspection; Vent Closure and Suffocation/CO2 injury; Failures during Transit; Inadequate packing; Inadequate stowage in an Ocean container; Post Shipment Objections; Attempts to reject claims on dis-entitlement; Air Cargo; The Grounds for a Claim; Force Majeure issues; Successive Carriage; US-Based Airlines and the ‘3-day rule’; Limitation of Liability; Enforcement of these Rules; Ocean Cargo; Attempts to reject claims on dis-entitlement; The Grounds for the Claim; Shipper’s Responsibility for container Settings; Inadequate Stowage; Carrier’s Datalogger – if it can be obtained; Malfunctioning containers and ‘Due Diligence’; Measure of Damages; Limitation of Liability; Unreasonable Attitudes and Commercial ‘Strong-Arm’ Tactics; Field-Heat Argument; Improper Use of Authorities; ‘Strong-Arm Tactics’; Refusal to Produce Evidence; Being ‘Taken to the Wire’; Further Carrier Tactics after Issue of Proceedings; Dismissal of Evidence; Excessive Demands for Evidence; Mixed Maturity; Carrier’s Claims, Operational, and Marketing Personnel at Odds?; Chapter 10 - Reaching for Settlements; Without prejudice negotiations; Dispute Resolution; Ocean Carriers’ P&I Clubs; Jurisdiction; Air; Ocean; Solicitors and Litigation; Choice of Lawyers; Broad Outline of events during Litigation with Costs implications; Pre -Legal Action; Legal Action; Part 36 offers; Preparation for Trial; Trial; Costs Awards; Withdrawing at Any Stage; Annexes; Examples of claim notices; Air Claim Notice; Ocean Claim Notice; Non-Survey Claim Notice; Claim Submission covering letter or message; Air Claim; Ocean Claim; Excel Spreadsheet to show quantum; Cession of Rights wording; Air; Ocean; Schedules; Air; Montreal Convention; Warsaw/Hague; Warsaw [unamended]; IATA 600b Air Waybill; Conditions; Ocean; Hague; Hague/Visby; Hamburg

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Book SynopsisGood Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area.This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners. Table of Contents The insurance contract uberrimae fidei Other contracts of the utmost good faith The nature of the duty of the utmost good faith The source of the duty of utmost good faith Law reform Legislation affecting the duty of good faith The assured’s duty of the fair presentation of the risk at placing The exceptions to the duty of disclosure at placing Modification of the duty of disclosure at placing The post-contractual duty of good faith The assured’s duty of utmost good faith and claims The insurer’s duty Third parties Materiality and inducement Examples of material facts Remedies The loss of the insurer’s right to exercise a remedy or to rely upon a breach of warranty Evidence: Proving a breach of duty or a defence

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Book SynopsisThis book examines the rise of the direct-to-consumer genetic testing industry (DTC) and its use of 'wrap' contracts. It uses the example of DTC to show the challenges that disruptive technologies pose for societies and for regulation. It also uses the wrap contracts of DTC companies to explore broader issues with online contracting.

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Book SynopsisThis book presents a broad survey of standards for the judicial control of B2B contract terms in different legal systems. Each chapter analyses in great detail the regulatory framework and the general principles that govern the judicial control of B2B contracts in a specific country, in particular the relevant standards for the judicial scrutiny of clauses and the resulting legal consequences thereof. Providing first-hand information with a focus on practical relevance from authors who specialise in the judicial control of contracts in their respective legal systems, this book is of particular value for lawyers who advise their clients in international business transactions and anyone interested in comparative contract law. The list of countries includes Austria, the Czech Republic, Denmark, England, Estonia, Finland, France, Germany, Italy, the Netherlands, Poland, Portugal, Romania, Spain, Switzerland, Sweden and Taiwan.

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Book SynopsisThis book assesses the impact of the implementation of EU Directives 2019/770 (DCD) and 2019/771 (SGD) in the EU Member States. Taking a country report approach, each contribution pays specific attention to the systematic implications (e.g. the relationship with the law of obligations and contracts, intellectual property law and data protection law), to the influence on the formation of concepts and terms in the national law. In addition, the author of each country report investigates the use of the options which the EU legislator left in the discretion of national legislators (e.g. Art. 12 SGD). Finally, the book explores any voluntary extended implementation of the contents of the directives. It offers a complete guide to DCD and SGD and their implementation across the EU.

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Book SynopsisThis collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.Table of ContentsForeword Acknowledgements List of Contributors Table of Cases Table of Legislation PART I INTRODUCTION 1. Introduction to Data and Private Law Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson PART II DATA AND PRIVATE LAW – THEORETICAL INSIGHTS 2. Private Law, Technology and Governance Roger Brownsword 3. Data in a Relational Setting Sally Wheeler PART III RIGHTS TO DEAL WITH DATA 4. The Predilection for Contract in Governing Digital Networks: Micro-Management’s Face Off with Accountability Lee A Bygrave 5. Data Rights and Contract Law: Formation, Incorporation and Vitiating Factors Damian Clifford and Jeannie Marie Paterson 6. Data Rights and Consumer Contracts: The Case of Personal Genomic Services Shmuel I Becher and Andelka M Phillips 7. Private Law Rights Mechanisms for Consumer Data – Filling the Gaps Chris Reed 8. Access to Platform Data and the Right to Research under US Law Niva Elkin-Koren, Maayan Perel and Ohad Somech PART IV USES OF DATA – RIGHTS AND OBLIGATIONS 9. Tort-Based Protections for Data Privacy Jelena Gligorijevic 10. Closing Off the Warren of Negligence Claims for Data Breaches Eoin O’Dell 11. Trust, Confidence and Data Rights Megan Richardson 12. IP and Data, IP in Data, IP as Data Kimberlee Weatherall 13. Duties for Datasets Jerrold Soh Tsin Howe PART V REMEDIES FOR BREACHES OF DATA RIGHTS 14. Private Enforcement of Data Rights Through Direct Rights of Action: A Comparative Review Normann Witzleb 15. Data Rights Incursions: Two Hurdles in the Pursuit of Damages Kwan Ho Lau Index

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Book Synopsis

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