Contract law Books

Book SynopsisLaw students rarely have experience answering problem questions before university, and lecturers concentrate on teaching content rather than the exam skills needed. This book bridges the gap on how to transpose knowledge and research into structured and coherent answers to problem questions while earning a law degree. Aimed at undergraduates, international students, and foundation and SQE candidates, the book gives a step-by-step study guide on how to navigate what a problem question is asking you to do. It deconstructs the process using examples from a range of different fields of law, providing essential guidance from research and critical thinking to style and tone. Including a range of examples to test yourself against, this is an indispensable resource for any law student who wants to tackle problem questions with confidence. Trade Review"As a qualified CELTA English teacher and an international PhD candidate studying and teaching world trade law in the UK, it is really a pleasure to witness the publication of such a brilliant book on legal academic English. Owing to the instructive content and the clear structure, Geraint’s book has made not only a practical course material for any English tutors but also an easy-to-follow self-study guidance for law students who are seeking language tutorials. The English learning habits of non-native speakers appear to be well considered by the author. Consequently, I strongly recommend the book to any legal English tutors and international students who are about to be engaged in a law-related course in an English-speaking country."Dr Cherry Kaiyuan Chen"Brown’s book aims to fill this gap in available resources, breaking down the process of unpacking a PQ task and constructing a coherent answer. The writer is an EAP practitioner and therefore this book foregrounds language as integrated in content. This is typically not the case in previously published legal EAP resources, as Candlin et al. noted (2002:302). The book is therefore clearly distinguishable from other available writing guides from law content specialist authors, which often provide only a few cursory, separate notes on language. It also presents law content and sections on referencing and study skills, (e.g., researching law databases). Overall, this book is focussed on academic language and literacy development for law within a process writing approach. [T]he benefit of an EAP practitioner’s specific insights within a specific academic domain is a defining feature of this publication. In conclusion, this book fills a clear gap in the market as a language in content approach to a specific subgenre of academic law writing. Its greatest value derives from how it comprehensively and expertly deconstructs PQ tasks, walking students through the process of writing. Language is integrated and fully contextualised within content, and explanations draw on the EAP author’s insider knowledge about the genre in practice. It is suitable for non L1 students and beginner/returning law students and provides for a range of law study contexts and areas of law."Neil Adam Tibbetts, University of BristolTable of Contents1. PART A – About Problem Questions; 2. PART B – Researching & Writing; 3. PART C – Good Academic Practice; 4. PART D – Resources; 5. PART E – Answers

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Book SynopsisThe Common Law of Obligations provides coverage of the history of obligations and its underlying principles, remedies, negation of liability and specific obligations. The book draws out the common themes that exist between traditional tort and contract courses, whilst the elements pertaining to the law of restitution are also included.Table of ContentsPART I. ; SECTION A. ; SECTION B. ; SECTION C. ; SECTION D. ; PART II.

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Book SynopsisThe sixth edition of this classic text has been extensively updated and re-written to take into account all the legislative changes since the last edition. It examines thoroughly such legislation as the Contracts (Rights of Third Parties) Act 1999, the Competition Act 1998, the Financial Services and Markets Act 2000, the Enterprise Act 2002, the Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protection (Distance Selling) Regulations 2000 and theSale and Supply of Goods to Consumers Regulations 2002.Table of ContentsINDEX

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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 SynopsisExclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause.

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Book SynopsisProfessor Buckley's work, Illegality and Public Policy, sets out fully and clearly the law relating to illegality, public policy and restraint of trade in the context of contracts. Offering practical examples of situations in which illegality issues may arise and outlining possible solutions, the book also explores possible reforms of the law in the UK and Commonwealth jurisdictions aimed at overcoming its perceived uncertainly and rigidity.

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Book SynopsisRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come uTrade Review“This is an excellent series, which hits the target at a remarkable number of levels. The clarity of its reference points makes it ideal for students new to undergraduate study, while at the same time being the perfect ‘refresher’ book for students about to start on professional courses. More than that, the series is great as a ‘starter pack’ for non-specialist students covering elements of law as part of their wider studies, and invaluable for teaching international students studying the English common law from abroad.”FIONA E.C. KINGLAW LECTURER (for almost 30 years in Universities & Business Schools in the UK and Europe) “What a relief! A book I can understand quickly.. I’ll be using these this year”SECOND YEAR UNDERGRADUATE "an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Table of ContentsNegligence. Occupiers' Liability. Tort Relating to Land. General Defences. Remedies

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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 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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Book SynopsisPowell-Smith and Furmston's Building Contract Casebook The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases and construction professionals should be familiar with these cases, but the information is scattered throughout a large number of law reports. The fifth edition of Powell-Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases. It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful deciTable of ContentsPreface vii PART I – FORMATION OF THE CONTRACT 1 1 Letters of Intent 3 2 Costs of Tendering 9 3 Tenders and Estimates 14 4 Incorporation of Documents 20 5 Completion of the Contract 43 PART II – PERFORMANCE OF THE CONTRACT 59 6 The Contractor’s Obligations 61 Design 61 Materials and workmanship 74 Progress and completion 92 Indemnities and insurance 95 7 The Employer’s Obligations 133 Possession of site 133 Time and extent of possession 133 Site conditions 137 Co-operation 142 Instructions 151 Payment 154 Lump sum contracts 155 Other contracts 158 Retention 159 Quantum meruit 162 Set-off 165 Miscellaneous 176 Nomination of sub-contractors and specialists 176 Objection to nominees 176 Displacement of implied terms 177 Form of sub-contracts 177 Effect of failure 177 Default in supply of goods 178 8 Ownership and Vesting of Materials 180 Materials and goods 180 Vesting clauses 185 9 Acceptance and Defects 187 10 Approval and Certifi cates 191 General 191 Nature and effect of certifi cates 204 Recovery without certifi cate 226 11 Variations 228 12 Damages for Breach of Construction Contracts 246 13 Prolongation and Disruption Claims 272 14 Liquidated Damages and Extensions of Time 319 Liquidated damages 319 Extensions of time 336 Interpretation of provisions 351 PART III – DISCHARGE OF THE CONTRACT 353 15 Release 355 16 Frustration 358 17 Illegality 365 18 Forfeiture Clauses, Repudiation and Determination 369 19 Limitation 388 The Limitation Act 1980 388 Latent Damage Act 1986 391 PART IV – SUB-CONTRACTS AND SUB-CONTRACTING 399 20 Assignment and Sub-letting 401 21 Domestic Sub-contractors 411 22 Nominated Sub-contractors 414 PART V – BUILDING CONTRACTS AND THE LAW OF TORT 441 23 Building Contracts and the Law of Tort 443 Table of Cases 467 Index 485

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Book SynopsisSince this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor. Indeed, collateral warranties are now being used to create primary contractual obligations. There have been some immensely important developments in the law relating to collateral warranties since the first edition. The Contracts (Rights of Third Parties) Act 1999 has introduced radical new developments into English contract law. The book now includes a completely new chapter on the legislation, which also looks at the potential practical uses of the Act on development projects. The House of Lords has handed down a number of key decisions recently on third party remedies and on the principles relating to damages on assignment (such Table of ContentsPreface viii 1 Principle of Law 1 Definition of collateral warranty 1 A comparison of contract and tort 4 Essentials of a contract 5 Form of contract 20 Construing a contract 22 Implied terms 27 Letters of intent 28 2 The Rise of Collateral Warranties 31 Negligence 31 1932 to 1988 33 D & F Estates Limited and Others v. Church Commissioners for England and Others 36 Murphy v. Brentwood District Council 38 1990 to 2000 41 3 Contracts (Rights of Third Parties) Act 1999 47 The background 47 Contracts (Rights of Third Parties) Act 1999 50 Aspects of the Act 56 Using the Act or not using the Act? 59 4 Assignment and Novation 64 Future purchasers and tenants 64 Assignment 64 Prior equities 70 Restrictions on assignment 71 Novation 80 5 Reasonable Skill and Care and Fitness for Purpose 83 Reasonable skill and care 83 Fitness for purpose 88 Dwellings 93 6 Damages and Limitation of Action 94 Damages 94 Expectation interest and reliance expenditure 108 Mitigation and assessment 112 Assignment 117 Contribution and apportionment 125 Limitation of Action 129 7 Developers, Tenants, Purchasers and Funds 134 The position of a developer 134 The position of a tenant 137 The position of a purchaser 143 The position of the funding institution 145 Obligations to enter into collateral warranties 147 JCT enabling clauses 149 8 Insurance Implications 153 Principles of professional indemnity insurance 153 Disclosure of collateral warranties 155 Particular insurance problems 157 Other matters of concern to insurers 161 Policy endorsements for collateral warranties 162 Problems on changing insurers 166 9 Typical terms 167 General considerations 167 Typical terms 174 Contractors and sub-contractors 199 Guarantees of obligations under warranties 200 10 Practical Considerations 201 Does a warranty have to be given? 201 Commercial balance 203 Legal costs and consideration 203 Negotiating and insurance 204 Warranties must be executed 204 The givers, receivers and contents of warranties 205 Standard forms of collateral warranty 207 Commentaries 211 11 Other Solutions: Present and Future 228 Possible solutions – the present 228 Possible solutions – the future 234 Table of Cases 306 Table of Statutes & Statutory Instruments 332 Index 334

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Book SynopsisBuilding Contract Dictionary provides a succinct, but authoritative reference to words, phrases and terms encountered in, and in connection with, building contracts. For the new edition all entries have been reconsidered and updated in light of case law and legislation and the book has been substantially enlarged since the last edition ten years ago. There are now over 800 separate entries A wide range of contracts has been referenced, including JCT 98, IFC 98, MW 98, WCD 98, PCC 98, MC 98, ACA 3, GC/Works/1 (1998), NEC, NSC/C, DOM/1, DOM/2 as well as topics such as adjudication, arbitration and the Civil Procedure Rules. It will provide an invaluable reference for architects, quantity surveyors, project managers and contractors. It will also find a ready readership among all construction lawyers. This is an indispensable book which provides a succinct but authoritative reference to words, phrases and terms encountered in the constrTrade Review"When starting t read law as an undergraduate, the first law book I bought was Wharton's Law Lexicon, a book I still have and use. On appointment as an Official Referee, I bought the Penguin dictionaries of Building, Civil Engineering Architecture and Electronics. If I had known that this book was then in existence in its first edition, I would have bought that also. It would have been an enormous help to me" Judge Peter Bowsher QC “Presented in a non-legal and highly-readable style, this book is a desirable addition to the specialist library and the professional office and as a useful reference book is directed to architects, surveyors and construction professionals in general together with contractors and their staff.” Construction ManagerTable of ContentsA - Z alphabetical listing of terms; Table of cases

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Book SynopsisLawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. This book explains how law might better serve the social good.Trade Review"Getting Incentives Right does just as the book's title says, and does so in a way that will startle and educate novices as well as seasoned economists and lawyers, not to mention law professors and their students. The book guides readers to places where multiple parties and margins are accounted for, casting brilliant light on important legal problems."—Saul Levmore, University of Chicago Law School"Courts should get incentives right when developing rules in tort, contract, and restitution law. But even after decades of scholarship, commentators have only a vague idea as to what the right incentives are. Cooter and Porat put their powerful imaginations to work in a book full of surprising insights and compelling arguments about improving these areas of law. This lucid book will appeal to both the novice and expert."—Eric Posner, University of Chicago"This timely book presents Cooter and Porat's full perspective on the challenges that three important bodies of law—torts, contracts, and restitution—face in inducing optimal behavior. The result is a unique book that I have no doubt will become one of the leading texts in its field. Thought-provoking, original, and useful, it fills a void in the current legal literature."—Ehud Guttel, Hebrew University Law School"Cooter and Porat are the most innovative and inspirational law and economics scholars of our generation. More than anyone else, they are good at identifying ideas, problems, and solutions that cut across subject areas. This book brings them together to unveil common threads and exploit analytical synergies between different concepts. This is a work that every scholar in the field and every respectable academic library will want to own."—Francesco Parisi, University of Minnesota Law School and University of BolognaTable of ContentsAcknowledgments vii Introduction 1 I. Torts and Misalignments 13 1. Prices, Sanctions, and Discontinuities 17 2. The Injurer's Self-Risk Puzzle 32 3. Negligence Per Se and Unaccounted Risks 47 4. Lapses and Substitution 61 5. Total Liability for Excessive Harm 74 II. Contracts and Victims' Incentives 89 6. Unity in the Law of Torts and Contracts 92 7. Anti-Insurance 105 8. Decreasing Liability Contracts and the Assistant Interest 128 III. Restitution and Positive Externalities 149 9. A Public Goods Theory of Restitution 151 10. Liability Externalities and Mandatory Choices 165 11. The Relationship between Nonlegal Sanctions and Damages 187 Conclusion 207 Table of Cases 211 Table of Books and Articles 213 Subject Index 220

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Book SynopsisThis is a comprehensive review of the issues that readers need to be aware of when negotiating the minefield of professional services contracts in the construction industry.Table of Contents1. Introduction 2. The client 3. Forming the appointment 4. General clauses 5. The services 6. Payment of fees 7. Termination and suspension 8. Intellectual property rights 9. Liability for work carried out by others 10. Agency 11. Statements, certificates and reports 12. Insurance and liability 13. Limitation and exclusion of liability 14. Indemnities 15. Set-off, liens, retentions and liquidated damages 16. Assignments and novations 17. Collateral warranties 18. Guarantees and bonds 19. The Construction (Design and Management) Regulations 2007 20. Law and jurisdiction, and dispute resolution 21. Adjudication 22. Management of risks Appendices

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Book SynopsisThis book provides commentary on the FIDIC Red Book: FIDIC Conditions of Contracts for Construction for building and engineering works designed by the Employer.

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Book SynopsisThis book provides commentary on the FIDIC Pink Book: The MDB Harmonised Edition of the Red Book for use with contracts which have been financed by one of the participating multilateral development banks.

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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 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 SynopsisSuitable for legal scholars and specialists in contract law, this book includes essays that consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law.Trade Review“A compendium of original scholarship about the continuing vitality of our legal and political regime based on contract. This is an important book.”—Fred S. McChesney, Northwestern University School of Law“An interesting and impressive collection of essays that pulls together important research and arguments by an unusually impressive lineup of contributors. This a major piece of work.” —Paul H. Haagen, Duke University School of Law“One of the most notable trends in recent legal scholarship is the reinvigoration of the contract paradigm, and these original papers by some of the most distinguished North American law-and-economics scholars make a strong case for the virtues of contractarianism across a wide spectrum of legal specialties, including contract law, tort law, family law, bankruptcy, and private international law. The commentaries develop nuanced concepts, such as efficiency-enhancing limitations on contractual freedom. This important, impressive, and timely collection, accessible to a wide audience, should become the standard reference on free bargaining and contractarianism.”—Thomas S. Ulen, University of Illinois College of Law“These brilliant essays show that the ethic of respect for the uniqueness of individuals can influence and justify a return to bargaining freedom in a surprising variety of legal areas.”—James W. Bowers, Louisiana State University Law CenterTable of ContentsPreface Introduction I. Free Bargaining and Formalism Contracts Small and Large: Contract Law through the Lens of Laissez-Faire / Richard A. Epstein The Decline of Formality in Contract Law / Eric A. Posner External Critiques of Laissez-Faire Contract Values / Michael Trebilcock In Defense of the Old Order / Timothy J. Muris The Limits of Freedom of Contract in the Age of Laissez-Faire Constitutionalism / Gregory S. Alexander II. Bargaining around Tort Law Courts and the Tort-Contract Boundary in Product Liability / Paul H. Rubin Commodifying Liability / Robert Cooter III. Contracting for Land Use Law Zoning by Private Contract / Robert H. Nelson Dealing with the NIMBY Problem / William A. Fischel Devolutionary Proposals and Contractarian Principles / Steven J. Eagle The (Limited) Ability of Urban Neighbors to Contract for the Provision of Local Public Goods / Robert C. Ellickson IV. Free Bargaining in Family Law A Contract Theory of Marriage / Elizabeth S. Scott and Robert E. Scott Marriage as a Signal / Michael J. Trebilcock Family Law and Social Norms / Eric A. Posner Contracting around No-Fault Divorce / Margaret F. Brinig V. Bargaining Around Bankruptcy Reorganization Law Contracting for Bankruptcy Systems / Alan Schwartz Free Contracting in Bankruptcy / F.H. Buckley Free Contracting in Bankruptcy at Home and Abroad / Robert K. Rasmussen VI. Choosing Law by Contract Contract and Jurisdictional Freedom / Bruce H. Kobayashi and Larry E. Ribstein A Comment on Contract and Jurisdictional Competition / Michael Klausner Choice of Law as a Precommitment Device / Geoffrey P. Miller Corporate Law as the Paradigm for Contractual Choice of Law / Robert Romano Notes Contributors Index

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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 SynopsisBanking Law and Financial Regulation in the UK and EU seeks to blend orthodox topics covered within the banking and financial law syllabus, such as sources of banking and financial law, financial markets, financial and banking institutions, financial transactions, and banking and financial insolvency, with a careful analysis of emerging issues and more contemporary topics.This advanced-level textbook offers a new format for the study of banking and financial law, placing it within the wider context of economic development. As such, two elements are integral to this new methodology: the rise of techno-banking and digitalisation of the financial sector, and Brexit. Departing from the approaches of more traditional textbooks in this area, the book also takes a comparative approach to UK and EU banking law, highlighting the legal consequences of the UKâs exit from the EU. Aspects of human rights are integrated throughout and current debates and developments around financ

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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 SynopsisTrade Review‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’ -- Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, GermanyTable of ContentsContents: I Introduction II Contracts III Unilateral legal transactions IV Non-contractual liability V Negotiorum gestio VI Unjust enrichment VII Main concepts of the Law of Obligations VIII The international harmonisation and unification of the Law of Obligations Index

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Book SynopsisThis informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.

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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 SynopsisThe principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties'' choice of law clauses in an international commercial contract should be enforced by ChineTrade Review'The book analyses party autonomy in PRC law. It considers when the PRC courts will override parties' express choice of law in the social or public interest. It also discusses the likelihood (or not) of PRC courts allowing parties to stipulate non-state law (e.g., the lex mercatoria) as contractual governing law. As a bonus, it sets out the historical and philosophical underpinnings of party autonomy in China. The work is to be commended for its clarity and breadth.' Anselmo Reyes, The University of Hong Kong'Private commercial relations with the People's Republic of China have grown significantly in recent years. Mechanisms for international dispute resolution are therefore important. Given differences in substantive law and uncertainty about a commercial partner's legal system, private agreements on the applicable law (party autonomy) become of central importance. Jieying Liang's work is a masterful and comprehensive study of the development of party autonomy and its present status under the 2010 Chinese Conflicts Statute, including limitations resulting from mandatory norms and the ability to choose non-state law. It is an indispensable resource.' Peter Hay, L. Q. C. Lamar Professor of Law Emory University, AtlantaTable of Contents1. The development of the party autonomy principle in China; 2. The background to the development of party autonomy; 3. The existence and validity of parties' choice of law; 4. The 'law' that can be chosen by parties; 5. Statutory restrictions on party autonomy (I); 6. Statutory restrictions on party autonomy (II); 7. Ascertainment of the foreign law chosen by parties; 8. Contractual choice of law under the 'One Country, Two Systems' regime; 9. The party autonomy principle in the context of the Chinese legal system.

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Book SynopsisStephen Waddams argues that it is an over-simplification to insist upon too sharp a distinction between the concepts of principle and policy in contract law. Each has incorporated elements of the other, enabling English contract law to change over time while maintaining a high degree of stability and predictability.Trade Review"Principle and Policy is full of elegant and effective historical analysis and has much to offer anyone wanting a better understanding of the development of contract doctrine." -Charlie Webb, London School of Economics and Political Science, UNIVERSITY OF TORONTO LAW JOURNALTable of Contents1. Introduction: empire of reason or republic of common sense?; 2. Intention, will, and agreement; 3. Promise, bargain, and consideration; 4. Unequal transactions; 5. Mistake; 6. Public policy; 7. Enforcement; 8. Conclusion: joint dominion of principle and policy.

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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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