Contract law Books

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

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

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

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

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Book SynopsisThis is one in a series of introductory books providing readers with an overview of the most frequently encountered legal principles. This book presents an introduction to contract principles that apply in Hong Kong. The new edition has been updated to reflect the current state of the law and to include newer cases, both local and overseas. The organizational structure has been revised for easier comprehension while keeping to the sequence in which a legally binding agreement is usually encountered. Contract Law in Hong Kong is an easy-to-understand reference book for students, practitioners, non-law professionals, and the general public.

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Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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Book SynopsisIn this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world.

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Book SynopsisMedieval Douai left an enormous archive of documents. This text reveals how these documents were produced in an effort to regulate property and gender relations. At the centre was a shift to a property regime based on contract. The book explores why the law changed and assesses its effects.

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Book SynopsisThe fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract. The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.Trade ReviewThe fact that there is a whole section dedicated on explaining Common Law and the Sources of the Law is a great addition for first year students who come from different jurisdictions as well as more mature students who have already obtained a law degree in another jurisdiction and are getting acquainted with English Contract law. -- Maria Tatsiou * UCLan Cyprus *Prof. Cartwright's is a truly excellent book, particularly helpful to students and lawyers from non-Common Law jurisdictions wishing to understand English contract law -- Jean-Sebastien Borghetti * Université Panthéon-Assas (Paris II) *Table of ContentsPreface Part I: An Introduction to the Common Law 1. The ‘Common Law’ 2. Finding the Law Part II: The Law of Contract 3. Introduction to the English Law of Contract 4. The Negotiations for a Contract 5. Formation of the Contract: Contract as ‘Agreement’ 6. Form, Consideration and Intention 7. Vitiating Factors: Void, Voidable and Unenforceable Contracts 8. Finding the Terms of the Contract 9. Controlling the Content of the Contract: ‘Unfair’ Contracts 10. Who has the Benefit of the Contract? Who is Bound by the Contract? 11. Change of Circumstances 12. Remedies for Breach of Contract

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Book SynopsisThis book provides practitioners with a guide for handling legal due diligence in international M&A transactions. In addition to the legal aspects, it looks at organizational aspects (composition of the team, cooperation of the parties, preparation by the seller), and the use of technological tools. The book covers specific areas such as corporate law, financing, real estate, commercial contracts, intellectual property, information technology, employees, environmental law, compliance, insurance, and tax. The detailed subject index also enables quick, targeted access.

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Book SynopsisRoger Brownsword provides a thoughtful overview of the principal themes of the law of contract. He explores the context of the recent development of contract law, and considers the many changes the law has undergone given the ever-evolving nature of English law.Table of Contents1. Introduction ; 2. The Nature of Contract ; 3. Freedom of Contract ; 4. Inequality of Bargaining Power ; 5. Reasonableness ; 6. Good Faith ; 7. The Tendency of the Modern Law ; 8. The Globalization of Contract Law ; 9. The Interfaces of Contract Law ; 10. The Rationality of Contract Law ; 11. Conclusion

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Book SynopsisContract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather''s Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.Table of ContentsPart I: Introduction; 1. Some basic questions; 2. Themes and perspectives; 3. Resolving contractual disputes; Part II: Making a contract; 4. Preparing to make a contract; 5. Formation; 6. Preliminary agreements; 7. Protecting reliance: the doctrine of estoppel; 8. The parties to a contract; Part III: Contractual obligations; 9. Terms and obligations; 10. Interpreting contracts; 11. Limiting or extending liability; 12. Performance of contractual obligations; Part IV: Adjusting a contract; 13. Varying terms; 14. Transferring rights and obligation; 15. Impossibility and change of circumstances; Part V: Ending a contract; 16. Termination of contracts; 17. Consequences of termination; Part VI: Vitiating factors and unfair conduct; 18. Misinformation; 19. Undue pressure; 20. Unconscionability and unfairness; 21. Illegality and public policy; Part VII: Remedies; 22. Enforcing a contract; 23. Damages for breach of contract; 24. Restitutionary remedies; Part VIII: International aspects of contract law; 25. Contract law in the international context.

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Book SynopsisThe practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.Trade Review'Chee Ho Tham has here produced a remarkably well-written, erudite and thoroughly informative work, and in addition a very distinct accretion to the scholarship on assignment. I recommend it without hesitation to commercial and obligations lawyers alike.' Andrew Tettenborn, Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsPart I. Introduction: 1. Introduction; 2. A conceptual account of equitable and statutory assignments; Part II. The Model: 3. Invariability; 4. Different models of equitable assignment; 5. Misconceptions; 6. Combination; Part III. Joinder: 7. Joinder of assignor in equitable proceedings; 8. Joinder of assignor in proceedings at common law; 9. Equitable assignments of legal choses and non-joinder of the assignor; Part IV. Notice: 10. Giving notice of equitable assignments and its effect on competing assignees: the 'rule' in Dearle V. Hall; 11. Knowledge of assignment: substantive effects in equity between obligor and assignor; 12. Knowledge of assignment: procedural avoidance in equity and by statute of 'equities' or 'defences'; Part V. Statutes: 13. 'Statutory' assignments under Law of Property Act 1925, Section 136(1); 14. Statutory dealings in specific classes of intangible assets; Part VI. Consequences: 15. Why it matters.

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Book SynopsisThis is the first Western-language research monograph detailing significant developments in consumer law and policy across the Association of Southeast Asian Nations (ASEAN), underpinned by a growing middle class and implementation of the ASEAN Economic Community from 2016. Eight chapters examine consumer law topics within ASEAN member states (such as product safety and consumer contracts) and across them (financial and health services), as well as the interface with competition law and the nature of ASEAN as a unique and evolving international organisation. The authors include insights from extensive fieldwork, partly through consultancies for the ASEAN Secretariat, to provide a reliable, contextual and up-to-date analysis of consumer law and policy development across the region. The volume also draws on and contributes to theories of law and development in multiple fields, including comparative law, political economy and regional studies.Trade Review'Four leading Australian consumer law scholars have produced a book that provides valuable insights into the development of consumer law in the ASEAN region. They throw light on consumer law in under-researched jurisdictions and their reflections will help develop consumer policy in the region and deepen our understanding of consumer policy globally. Hopefully it will provide an impetus for further ASEAN initiatives.' Geraint Howells, Dean and Chair Professor of Commercial Law, City University of Hong Kong'[an excellent example of how comparative law] scholarship can incisively deconstruct unfamiliar legal systems and make them more accessible to a wider audience ... [that] clearly exposes and explains the challenges which each system faces on its own terms ... an admirable achievement.' The Hon T. F. Bathurst AC, Chief Justice Of New South Wales, reproduced with permission at: https://japaneselaw.sydney.edu.au/2019/11/guest-blog-launch-by-bathurst-cj-of-asian-law-books/Table of Contents1. Introduction: backdrop and overarching perspectives; 2. Theoretical perspectives on ASEAN and consumer law developments; 3. Product safety law: fragmented regulation and emergent product liability regimes; 4. Regulating consumer contracts in ASEAN: variation and change; 5. Consumer financial services: what role for ASEAN?; 6. Professional health services: ASEAN's trade liberalisation agenda; 7. Integration with competition policies, laws and institutions: opportunities for ASEAN consumer protection; 8. Key reflections and future directions.

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Book SynopsisThis is a revised edition of the paperback, Essays on Contract which was published by OUP in 1988. With the addition of a further previously unpublished essay, this book can be seen as the most up-to-date and comprehensive account of Professor Atiyah''s views on the law and theory of contract. The new essay `Freedom of Contract and the New Right'' charts the latest shift in the development of contract law, this time back in the direction of Freedom of Contract. This shift, Professor Atiyah argues, can be traced directly to the growing strength of the `New Right'' and its advocacy of political and economic freedom.Trade Review`these essays are of the highest quality and will be compulsory reading for any serious student of the law of obligations.' The Irish JuristTable of ContentsThe modern role of contract law; contracts, promises and the law of obligations; Holmes and the theory of contract; Fuller and the theory of contract; form and substance in contract law; the liberal theory of contract; executory contracts, expectation damages and the economic analysis of contract; consideration - a restatement; judicial techniques and the law of contract; misrepresentation, warranty and Estoppel; contract and fair exchange; freedom of contract and the New Right.

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Book SynopsisIn this stimulating collection of essays, which range widely over tort law, legal theory, legal history and comparative law, distinguished academics and members of the judiciary pay tribute to the late John Fleming, one of the most important and influential writers on the law of torts and comparative law.Trade ReviewThis excellent collection of essays in honour of John Fleming reflects both his international influence in several legal systems, and also his personal influence as a communicator, teacher and legal problem-solver ... throughout the text, this collection manages (like the scholar it honours) to combine the examination of broad general principles and policies, drawing on several legal categories and systems to see problems in their grand context, whilst at the same time exploring those same problems with a sharp eye for individual detail and nuance ... a thoroughly scholarly and absorbing collection. It is good value - more comprehensive than many other collections of similar price - and can be recommended as a worthy tribute to "the doyen of tort writers". * Janet O'Sullivan, The Cambridge Law Journal 1999 *This Festschrift is a worthy tribute to the towering contribution of Fleming to legal scholarship ... The volume is a valuable contribution to the analysis of contemporary tort problems. It will be of great interest to scholars, advocates and judges throughout the common law jursidictions, and also in European countries. * Johan Steyn, Law Quarterly Review, October 1999 *Table of ContentsHUMAN RIGHTS ; ASPECTS OF NEGLIGENCE ; THEORETICAL PERSPECTIVES ; A EUROPEAN PERSPECTIVE ; PRODUCT LIABILITY ; DELIVERING COMPENSATION ; A BIBLIOGRAPHY OF THE PUBLICATIONS OF JOHN GUNTHER FLEMING

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Book SynopsisThis volume explores the classification of obligations. Contributions include A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages by Jane Stapleton; Basic Obligations by James Penner; and an essay by Peter Birks himself entitled, Definition and Division: A Meditation on Institutes.Trade ReviewBirks is to be commended on the even-handedness of his editorship on treatments of a matter about which he feels so strongly ... Who can read Birks and not feel the power of his passionate criticisms of what often now passes for legal education? * David Campbell, Journal of Law and Society *Table of ContentsEditor's Preface ; Table of Cases ; One: Definition and Division: A Meditation on Institutes ; Two: The Juridical Classification of Obligations ; Three: Legal Classification as the Production of Knowledge Systems ; Four: The Classification of Obligations and Legal Education ; Five: Basic Obligations ; Six: More than a Trace of the Old Philosophy ; Seven: Patterns of Fusion ; Eight: A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages ; Nine: Is there a Future for International Torts? ; Ten: Private Law, Economic Rationality and the Regulatory State

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Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdictions have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering.In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctriTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *Review from previous edition A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane *Table of ContentsPROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; I FORM AND SUBSTANCE IN MEDIEVEAL LAW ; 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 3 THE MODERN LAW OF TORT AND CONTRACT ; 4 UNJUST ENRICHMENT

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Book SynopsisThe English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdiction have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering. In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients'' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrTrade Review... provides a fresh look at many more subjects than most legal historians can have mastered. ... this book will cause readers to rethink their reaction to some present-day legal problems in light of the past. ... [Ibbetson] has given us both a basic treatment of the law of obligations and a considerable number of fresh insights that will enlighten any teacher's understanding and presentation of the subject. * Legal History (no date) *Dr Ibbetson has achieved something of a tour de force ... lucid and scholarly historical treatment ... easy to read and attractively presented ... much more than a simple chronological account of the evolution of legal doctrine ... * Law Quarterly Review April 2001 *masterly review of the substantive law of tort in the Middle Ages ... Compendious though it is, the book is not long, and this is all the more remarkable in that the style is not at all dense, but easy and flowing. The text is replete with well-chosen examples, and the footnotes are informative and stimulating. ... As pleasurable as it is informative, as balanced as it is intelligent, this volume is an invaluable addition to a distinguished literature. * Modern Law Review March 2001 *It is a valuable contribution to the literature of legal history...This work...is to be welcomed on this account for every advanced student of the subject will need to read, and digest, the book. * D.E.C. Yale Cambridge Law Journal Nov 2000 *A Historical Introduction to the Law of Obligations is a remarkable book which every lawyer with any interest in the law of obligations should read. * Peter Cane July 1999 *This is a great work of legal history by a quite exceptional scholar. Every legal historian will recognise the magnitude of its achievement. However, it is extraordinarily important that it should not be seen as only legal history. We have never had a better path to thorough understanding of the modern law of obligations in the common law. Every university jurist who teaches all or part of that area of the law must digest the learning of this book. * Peter Birks - Regius Professor of Civil Law, University of Oxford - August 1999. *Table of Contents1 PROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS ; 2 STRUCTURAL FOUNDATIONS ; 3 UNITY AND FRAGMENTATION OF THE MEDIAEVAL LAW OF CONTRACT ; 4 TRESPASS, TRESPASS ON THE CASE, AND THE MEDIAEVAL LAW OF TORT ; 5 THE SUBSTANTIVE LAW OF TORTS ; 6 THE SUBSTANTIVE LAW OF CONTRACT ; PART 2 THE TRIUMPH OF TRESPASS ON THE CASE ; 7 TORT, PROPERTY, AND REPUTATION: THE EXPANSION OF THE ACTION ON THE CASE ; 8 THE RISE OF THE ACTION OF ASSUMPSIT ; PART 3 THE MODERN LAW OF TORT AND CONTRACT ; 9 TRESPASS, CASE, AND THE MORAL BASIS OF LIABILITY ; 10 THE LAW OF TORTS IN THE NINETEENTH CENTURY: THE RISE OF THE TORT OF NEGLIGENCE ; 11 THE LAW OF TORTS IN THE TWENTIETH CENTURY: EXPANSION AND COLLAPSE OF THE TORT OF NEGLIGENCE ; 12 FOUNDATIONS OF THE MODERN LAW OF CONTRACT ; 13 THE RISE OF THE WILL THEORY ; THE WILL THEORY AND THE CLASSICAL MODEL OF CONTRACT ; 14 THE DECLINE OF THE WILL THEORY: LEGAL REGULATION AND CONTRACTUAL FAIRNESS ; PART 4 UNJUST ENRICHMENT ; 15 UNJUST ENRICHMENT ; 16 LEGAL CHANGE AND LEGAL CONTINUITY

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Book SynopsisAtiyah''s Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contractTrade ReviewSmith brings acute intelligence to his rather daunting task. His passion for contractual theorising is impressive...the text is elegant, accurate and clear. * The Cambridge Law Journal, 2006 *Table of Contents1. Introduction ; 2. Definition and Classification ; PART I: FORMATION OF CONTRACTS ; 3. Offer and Acceptance ; 4. Beyond Offer and Acceptance: Formalities, Intent to Create Legal Relations, and Consideration ; PART II: THE CONTENT OF THE CONTRACT ; 5. Express Terms ; 6. Implied Terms ; 7. The Force and Scope of Contractual Obligations: Standards of Care, Mistake, Frustration, Breach, and Notice ; 8. Unenforceable Contracts and Terms ; PART III: EXCUSES FOR NON-PERFORMANCE ; 9. The Duty to Disclose Material Facts ; 10. Misrepresentation ; 11. Duress and Undue Influence ; 12. Unfair Contracts ; PART IV: ENFORCING THE CONTRACT ; 13. Third Party Rights ; 14. Remedies For Breach of Contract

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Book SynopsisContract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies, to complex, long-term arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully serviced hospital over a thirty-year period. English law''s traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The bTable of Contents1. Introduction ; 2. Regulating Government Contracts ; 3. The Public Law Perspective ; 4. The Decision to Use Contract ; 5. Awarding the Contract ; 6. Dealing with Policy Changes ; 7. Contract Management ; 8. Government Contractors: Public or Private? ; 9. Social and Environmental Goals ; 10. Employment Matters ; 11. Conclusions and Future Prospects

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Book SynopsisA thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future.The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common FraTrade ReviewA masterly survey of the remedies for breach of contract * Professor Richard Hooley, Cambridge Law Journal *A well-written and highly informative contribution to the literature on remedies for breach of contract... Rowan manages to construct a finely balanced view on how the availability of performance-orientated remedies in English law could (and should) be enhanced, without by-passing or interfering with established tenets of English law If you want to read up on contract law, add it to your essential reading list. * Vanessa Mak, Modern Law Review *The author does a fine job of describing and comparing the different approaches of the English and French legal systems, and, in doing so, she identifies the jurisprudential differences between the two systems. * Howard Hunter, Journal of Contract Law *Table of ContentsPART I: THE SPECIFIC ENFORCEMENT AND THE DISCHARGE OF PRIMARY OBLIGATIONS; PART II: THE SECONDARY OBLIGATION TO PAY DAMAGES; PART III: ENHANCING THE PROTECTION OF THE PERFORMANCE INTEREST

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

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

Read more less

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

Read more less