Contract law Books
Legare Street Press Erörterungen aus dem Obligationenrecht Erstes Heft
a huge range and FREE tracked UK delivery on ALL orders.
£26.55
Legare Street Press Das Simulierte Rechtsgeschäft
a huge range and FREE tracked UK delivery on ALL orders.
£22.75
Legare Street Press HandBook of the Law of Contracts
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£37.95
Legare Street Press Die Sogenannten Zweigliedrigen Verträge
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£24.65
Legare Street Press Contracts
a huge range and FREE tracked UK delivery on ALL orders.
£23.70
Legare Street Press The Elements of the Law of Contracts
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£37.00
Legare Street Press Trait Des Obligations ... Trait Du Contrat De Vente ... Trait Du Contrat De Constitution De Rente ... Du Contrat De Louage ... Du Contrat De Bienfaisance
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£32.25
Legare Street Press The The Indian Contract Act Act Ix Of 1872
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£25.60
Legare Street Press A A Lecture On The Law Of Contracts
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£22.75
LEGARE STREET PR A A Treatise On the Law of Contracts and Rights and Liabilities Ex Contractu
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£33.20
Legare Street Press Contracts
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£29.40
Legare Street Press Die Condictiones sine causa
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£37.00
Creative Media Partners, LLC Principles of the Law of Damages
£29.61
Creative Media Partners, LLC Principles of the Law of Damages
£17.95
Creative Media Partners, LLC Om Auktion SÃ som Medel Att Ã...vägabringa Aftal ...
£30.60
Creative Media Partners, LLC Om Auktion SÃ som Medel Att Ã...vägabringa Aftal ...
£21.33
Creative Media Partners, LLC Den Norske Obligationsrets Specielle Del
£31.30
Creative Media Partners, LLC Den Norske Obligationsrets Specielle Del
£23.70
Creative Media Partners, LLC A Treatise on the law of Mechanics Liens and General Contracting of the State of New York With Forms
£40.46
Creative Media Partners, LLC A Treatise on the law of Mechanics Liens and General Contracting of the State of New York With Forms
£29.66
Creative Media Partners, LLC Contract Management
£14.09
Creative Media Partners, LLC Cases On The Law Of Damages
£39.90
Creative Media Partners, LLC Cases On The Law Of Damages
£31.82
Creative Media Partners, LLC Teoria Delle Obbligazioni Nel Diritto Moderno Italiano
£26.91
Lulu.com Contract Law
£105.52
Bloomsbury Publishing PLC Valuing Employment Rights
Book SynopsisThis book gives new insights into employment law by analysing a neglected topic: remedies for breaches of employment rights. It explores remedies in the wider context of compliance with, and enforcement of, employment law through criminal law and other regulatory techniques.The book argues that some of the remedies set out in statute or at common law for working people are a poor fit' for the employment rights they are supposed to protect. Employment rights are often undervalued in the legal system, because remedies for their infringement are subject to limitations not applicable to rights in other settings. This limits their ability both to uphold the dignity of working people and to deter breaches. Moreover, the remedies on offer do not always suggest a sensible ranking of employment rights in which fundamental rights attract stronger remedies than other kinds of rights and interests.The book suggests why some of these problems might have arisen and makes proposals for reform. It also considers the wider implications for a system of employment law that depends so heavily for its enforcement on working people litigating to enforce their rights. Ranging widely across theory and doctrine, and analysing criminal law, contract and tort as well as statutory employment law, this book will be of interest to academics and researchers seeking a deeper understanding of the subject.
£85.00
Hart Publishing Valuing Employment Rights
Book SynopsisThis book gives new insights into employment law by analysing a neglected topic: remedies for breaches of employment rights. It explores remedies in the wider context of compliance with, and enforcement of, employment law through criminal law and other regulatory techniques.The book argues that some of the remedies set out in statute or at common law for working people are a poor fit' for the employment rights they are supposed to protect. Employment rights are often undervalued in the legal system, because remedies for their infringement are subject to limitations not applicable to rights in other settings. This limits their ability both to uphold the dignity of working people and to deter breaches. Moreover, the remedies on offer do not always suggest a sensible ranking of employment rights in which fundamental rights attract stronger remedies than other kinds of rights and interests.The book suggests why some of these problems might have arisen and makes proposals for reform. It also considers the wider implications for a system of employment law that depends so heavily for its enforcement on working people litigating to enforce their rights. Ranging widely across theory and doctrine, and analysing criminal law, contract and tort as well as statutory employment law, this book will be of interest to academics and researchers seeking a deeper understanding of the subject.
£42.99
Bloomsbury Publishing (UK) Law at the Cutting Edge
Book SynopsisThis collection celebrates the immense contribution of Sarah Worthington to the field of private law. Defining the subject broadly, experts from the judiciary and the academy address contemporary challenges arising in the fields of agency, company law and insolvency, contract law, equity, the law of money, personal property, restitution and unjust enrichment. The breadth of the contributors'' expertise and their willingness to offer innovative and insightful solutions to difficult problems perfectly mirror Sarah Worthington''s rigorous and inspirational approach to private law scholarship.
£47.49
Bloomsbury Publishing PLC The Contracts Rights of Third Parties Act 1999 at 25
Book SynopsisExperts from the worlds of the judiciary, practice and academia provide the first comprehensive assessment of this legislative cornerstone in English contract law.
£999.99
Bloomsbury Publishing (UK) EU Consumer Protection in Cloud Computing Contracts
Book SynopsisTomasz Dolny is Deputy Head of Unit at the Directorate-General for Financial Stability, Financial Services and the Capital Markets Union of the European Commission (DG FISMA), Belgium.
£999.99
Lioncrest Publishing Trust Your Gut
£13.29
Brill The UNIDROIT Principles in Practice: Caselaw and Bibliography on the UNIDROIT Principles of International Commercial Contracts. Second Edition
Book SynopsisSince fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied. The UNIDRIOT Principles in Practice provides a comprehensive collection of international caselaw and bibiliographic materials relating to the Principles. In particular, it contains: the text and official comments of the UNIDROIT Principles; over 70 decisions by courts and arbitral tribunals worldwide referring to the UNIDROIT Principles; a vast bibliography. In addition to a general bibliography, there are bibliographical references pertinent to individual articles. Published under the Transnational Publishers imprint.
£127.24
£59.31
Prof Mark Watson-Gandy Simple Contract Law: A brief introduction to English Contract Law
£12.02
Bloomsbury Publishing PLC Understanding the Law of Obligations: Essays on Contract, Tort and Restitution
Book SynopsisNEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays...Taken together they represent a coherent and compelling exposition of the English law of obligations...One is left with the picture of an [author] ...who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ...together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law ReviewTrade ReviewAndrew Burrows collection mirrors his broad interests in and undogmatic approach to all aspects of basic private law: contract, tort and restitution receive about equal treatment. Stephen A. Smith University of Toronto Law Journal January 2001 [These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ...together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis. Andrew Tettenborn Cambridge Law Journal January 2001 This is a fascinating and thought-provoking collection of eight essays Taken together they represent a coherent and compelling exposition of the English law of obligations One is left with the picture of an [author]... who remains a devotee of practical scholarship and the deductive technique of the common law and has a grasp on its intricacies second to none. Edwin Peel Law Quarterly Review February 2003Table of ContentsDividing the law of obligations; solving the problem of concurrent liability; understanding the law of restitution - a map through the thicket; free acceptance and the law of restitution; restitution - where do we go from here?; in defence of tort; legislative reform of remedies for breach of contract; improving contract and tort - the view from the Law Commission.
£37.99
Bloomsbury Publishing PLC The German Law of Contract: A Comparative Treatise
Book SynopsisRecently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.Trade Review...a first class authority on contract law not only in the United Kingdom, but all throughout the common law world...the book not only sets out the law as it is today; it also has a strong historic component and shows how developments came about and what their roots are. For a real understanding, but also for teaching purposes, this is extremely valuable and almost indispensable...Common law lawyers will find all familiar aspects of what they expect from a book dealing with contract law. The book even deals with common law institutions unknown to German law...Even for German readers, it would be worthwhile and tempting to discuss almost every topic addressed in The German Law of Contract because the book is not only inspiring for common law lawyers, but for civil law lawyers as well. And what is more, in Germany the book could be, and already sometimes is, used by judges and practitioners to find reasonable advice when deciding their cases. Moreover, it makes an invaluable contribution to the discussions on the emerging European private law. It shows the solutions at which two influential legal systems, and especially their courts, have arrived in difficult cases. It also demonstrates the arguments on which they have relied. I am not aware of a German book on English contract law that reaches the same high scientific level as The German Law of Contract and fulfils at the same time all requirements that the needs of practical application request. The book must be strongly recommended to everyone interested in, and concerned with, contract law as well as comparative law. Professor Ulrich Magnus Tulane Law Review 565 (2006) Translation from German to English: The authors admirably and successfully convey the characteristics of German contract law and make the rich German legal culture accessible to the foreign lawyer. Hans Stoll Rabels Zeitschrift fur auslandisches und internationales Privatrecht 72 (2008)Table of Contents1. Introduction 2. The Formation of a Contract 3. The Content of a Contract 4. Relaxations to Contractual Privity 5. Validity 6. Setting the Contract Aside 7. The Doctrine of the Foundation of the Transaction 8. The Performance of a Contract 9. Breach of Contract: General Principles 10. Breach of Contract-Specific Contracts
£120.00
Bloomsbury Publishing PLC Contract Damages: Domestic and International Perspectives
Book SynopsisThis book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.Trade ReviewThis collection of essays is one result of a conference in June 2007 in Birmingham University's attractive Business School, part of which I had the pleasure of chairing. Their focus is on a traditionally somewhat neglected field, but one of domestic and international significance to which increasing attention has rightly been addressed in recent years.The essays take damages in the widest (perhaps even controversial) sense of the word, with a number of papers tackling the border territory where 'restitutionary damages' may represent an alternative to reliance and expectation measures. This is territory where, since the House of Lords' decision in Attorney General v Blake in 2000, no practitioner can afford to be lost. But the maps are still being written, with academic assistance playing an invaluable role. The courts will for some time be engaged in implementing Lord Steyn's injunction in Blake to hammer out 'on the anvil of concrete cases' exceptions to the general principle that there is no remedy for disgorgement of profits in cases of breach of contract. The whole collection includes essays by a range of distinguished experts which address not only the philosophical underpinning of the law of damages, but also more specifically topics such as the UN Convention on the International Sale of Goods and UNIDROIT principles. Together, these essays represent a valuable, informative and stimulating body of material, for both study and reference. The organisers, Ralph Cunnington and Djakhongir Saidov, are to be congratulated for arranging the conference and marshalling, as a result, a most interesting set of contributions to learning in this important field. Lord Mance 31/10/07 The work is an informative source of information for current developments, problems, trends and debates surrounding contract damages. Anthony Lo Surdo Australian Banking and Finance Law Bulletin Vol 24, No 4 ...there is simply not space to do justice to the volume's many noteworthy contributions... David Winterton Law Quarterly Review Vol 125, April 2009 ...this is certainly a collection of essays worth having in one's library. Tham Chee Ho Singapore Journal of Legal Studies December 2008 The publisher, Hart Publishing, should be complimented for this excellent product...This book goes a considerable way towards opening our eyes to the complexities of the damages question in modern contract law. This is a book for academics and practitioners alike. For those involved in the field it is an important summation of the state of play. Donald Robertson Journal of Contract Law ...a rich, diverse and stimulating body of works that provokes the reader to rethink and rediscover the law of contract damages...The book's meticulous and critical treatment of the law as it stands in different legal systems and under different international instruments will give the reader not only a firm grasp of the current problems, but also a sure foundation for dealing with novel ones as they arise. Pey-Woan Lee Journal of Business Law Volume 5, 2009 ... a highly improving read which should leave even the most demanding remedies buff satisfied. Andrew Tettenborn Bracton Professor of Law, University of Exeter Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsCurrent Themes in the Law of Contract Damages: Introductory Remarks DJAKHONGIR SAIDOV AND RALPH CUNNINGTON Part I The Purpose and Scope of Damages 1 The Law of Damages: Rules for Citizens or Rules for Courts? STEPHEN A SMITH 2 Economic Aspects of Damages and Specific Performance Compared DANIEL FRIEDMANN 3 The Scope of the CISG Provisions on Damages INGEBORG SCHWENZER AND PASCAL HACHEM 4 Using the UNIDROIT Principles to Fill Gaps in the CISG JOHN Y GOTANDA Part II The Measures of Damages 5 The Economic Basis of Damages for Breach of Contract: Inducement and Expectation ANTHONY OGUS 6 Damages and the Protection of Contractual Reliance PETER JAFFEY 7 Are 'Damages on the Wrotham Park Basis' Compensatory, Restitutionary or Neither? ANDREW BURROWS 8 Gains Derived from Breach of Contract: Historical and Conceptual Perspectives STEPHEN WADDAMS 9 The Measure and Availability of Gain-based Damages for Breach of Contract RALPH CUNNINGTON Part III Methods of Limiting Damages 10 The Limitation of Contract Damages in Domestic Legal Systems and International Instruments ALEXANDER KOMAROV 11 No Need to Limit Where There is No Promise? JAN RAMBERG 12 Remoteness: New Problems with the Old Test ADAM KRAMER 13 Hadley v Baxendale v Foreseeability under Article 74 CISG FRANCO FERRARI 14 The Role of Mitigation in the Assessment of Damages HARVEY McGREGOR QC Part IV The Assessment of Damages 15 Expectation Damages: Avoided Loss, Offsetting Gains and Subsequent Events DAVID McLAUCHLAN 16 Damage to Business Reputation and Goodwill under the Vienna Sales Convention DJAKHONGIR SAIDOV 17 Actual Damages, Notional Damages and Loss of a Chance MICHAEL FURMSTON 18 The Market Rule of Damages Assessment MICHAEL BRIDGE 19 Changes in Monetary Values and the Assessment of Damages CHARLES PROCTOR
£180.00
Bloomsbury Publishing PLC Performance-Oriented Remedies in European Sale of Goods Law
Book SynopsisContractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.Trade Reviewan important addition to the literature this is a book which will be of interest to many, and it deserves to be read widely. Christian Twigg-Flesner Journal of Consumer Policy 2009 The thrust of Vanessa Mak's thesis ... is a very rich comparative analysis of the 'performance-oriented remedies' in sale of goods contracts. We have nothing but praise for the clarity, the courage and the intelligence with which Vanessa Mak develops what she hold to be the best remedial regime for a future unique European sales law Yves-Maries Laithier European Review of Contract Law Vol. 5, 2009, No. 4 It is a crisp combination of comparative law expertise and obligations scholarship, with a clear end in mind; its exposition is correspondingly limpid and ordered. This book is a well-written and excellent piece of work, and will be very valuable background reading for students and professors of contract and comparative law. It therefore comes with your reviwer's unreserved approval. Go out and buy it-or if you cannot do that, at least nag your library into getting it. Andrew Tettenborn European Law Review Volume 35, April 2010Table of Contents1-Introduction I. Scope of the Project 1. Jurisdictions and Legal Rules under Consideration 2. Limitations to the Substantive Scope of the Project II. Background and Theoretical Framework 1. The Civilian Tradition: German and Dutch Law 2. The Common Law Tradition: English Law III. Outline of the Project 2-Harmonisation of European Sale of Goods Laws I. Introduction II. Contracts, Sales Contracts and Harmonisation 1. Sales Law and European Contract Law a) Harmonisation of Contract Law in Europe b) Should Sales Law Lead the Way? 2. European Sales Law-The Road Ahead a) Harmonisation of Consumer Sales Law b) CISG and European Sales Law c) PECL or CISG as a Basis for Harmonisation of European Sales Law? 3. Conclusion III. The Boundaries of European Sales Law 1. 'One is More than Two' a) Issues of Delimitation b) A Transaction Costs Approach c) Consumer Protection and Consumer Confidence 2. Harmonisation-An Assessment of the Current Position 3. Conclusion 3-The Nature and Scope of Performance-Oriented Remedies I. Introduction II. The Nature of Performance-oriented Remedies 1. The Binding Nature of Contractual Obligations 2. The Nature of Performance: Rights or Remedies? a) Basic Notion: 'Performance-oriented Remedies' b) 'Discretionary Remedialism' c) Sub-division into Rights and Remedies 3. The Performance Interest Protected through Performance-Oriented Remedies a) The Under-Compensation Argument b) The Intentions of the Parties III. The Scope of Performance-Oriented Remedies 1. Utilitarianism v Rights-Based Theory 2. Limitations Based in Efficiency 3. Limitations Based in Moral Rights Reasoning IV. Conclusion 4-The Buyer's Entitlement to Specific Performance I. Introduction II. The Basis for Specific Performance in English Sale of Goods Law 1. Unique Goods and Section 52 of the SGA 2. Commercial Uniqueness a) Value of the Goods to the Buyer b) Temporary Unavailability of Substitutes c) Quantification of Damages III. A Wider Perspective-Specific Performance in German and Dutch Law 1. General Availability of Specific Performance 2. Limits to Specific Performance-The Other Side of the 'Appropriateness' Test IV. Restrictions on Specific Performance-Common Law and Civil Law Compared 1. English Law Bars to Specific Performance a) Impossibility b) Severe Hardship 2. Civil Law Bars to Specific Performance a) Impossibility b) Good Faith as a Bar to Specific Performance 3. Common Law and Civil Law Restrictions Compared a) Weight Attached to Restrictions on Specific Performance b) Good Faith as a General Restriction on Specific Performance 4. Conclusion V. Specific Performance in European and Other Uniform Sales Laws 1. The Basic Principle-General Availability of Specific Performance 2. Bars to Specific Performance VI. Conclusion 5-Repair and Replacement I. Introduction II. Repair and Replacement: Definitions 1. Repair 2. Replacement III. Repair, Replacement and Specific Performance IV. The Buyer's Freedom of Choice 1. The Choice between Performance-Oriented Remedies, Damages and Termination 2. The Choice between Repair and Replacement V. Restrictions on the Freedom of Choice 1. The Proportionality of the Remedy a) Proportionality and Damages b) Proportionality and Termination or Price Reduction 2. Elements of the Proportionality Test a) Value of the Goods b) Significance of the Lack of Conformity c) Inconvenience to the Buyer 3. Repair and Replacement in Commercial Sales a) The Availability of Repair and Replacement in Commercial Sales b) Restrictions on Repair and Replacement-The Proportionality Test in Commercial Sales VI. Conclusion 6-The Seller's Right to Cure I. Introduction II. Policy Issues III. Cure Before the Due Delivery Date 1. Cure in the Light of the Relationship between the Right to Withhold Performance and the Right of Termination 2. Cure, Tender and Delivery 3. Cure between Rejection and Termination 4. Conclusion IV. Cure after the Due Delivery Date 1. Where Time is of the Essence 2. Where Time is not of the Essence a) Basis of the Right to Cure b) The Time Period for Cure c) Notice or No Notice? 3. Conclusion V. Informal Attempts at Cure 1. The Time Period for Cure 2. Acceptance of Repaired Goods 3. Rejection and Termination Revisited VI. Conclusion 7-Cure: Enforcement, Limitations and the Hierarchy of Remedies I. Introduction II. Enforcement of the Right to Cure 1. The Buyer's Obligation to Take Delivery 2. Safeguards for the Buyer III. Limitations to the Right to Cure 1. Limitations-Cure Compared with Specific Performance 2. Limitations to Cure Based on Moral Rights Reasoning a) 'Unreasonable Expense' b) 'Unreasonable Inconvenience' 3. Conclusion IV. Cure and the Hierarchy of Remedies V. Conclusion 8-Conclusion I. The Buyer's Entitlement to a Performance-Orient
£95.00
Bloomsbury Publishing PLC Mistakes in Contract Law
Book SynopsisIt is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.Trade ReviewMacMillan has produced a stimulating and, at times refreshing account of mistake [which] will be of interest to any modern lawyers and law students curious to know what caused all the confusion in the first place. -- Warren Swain * The Edinburgh Law Review, Volume 15, Issue 2 *...a fascinating insight into the background of current difficulties for anyone interested in contract law. -- Duncan Sheehan * Restitution Law Review *...clearly of value for those interested in contract and commercial law, but it also provides much to think about for those who are interested in the history and development of the law in general, and the interactions between different legal systems specifically. -- Dr Sean Thomas * The Journal of Business Law, Issue 7 *The author has ... meticulously researched each of the principal judicial pronouncements that has assisted in the development and understanding of the doctrine of mistake...a useful historical analysis. -- Anthony Lo Surdo * Australian Banking and Finance Law Bulletin, Volume 26, Number 5 *...this is a legal history book. It will clearly be of interest to legal historians and to academics who want to know how the law developed to its current state. -- David Capper * Canadian Business Law Journal, Volume 49 *...there can be no denying that [MacMillan] has produced a very worthwhile and thorough book. It is impressively wide-ranging, carefully researched, and brings to light previously overlooked evidence about the development of mistake in the English law of contract. As a result of it, our understanding of this difficult doctrine has taken a big step forward. -- Paul Mitchell * The Journal of Legal History 32: 1 *Table of Contents1. Introduction 2. Contractual Mistake in Roman Law: From Justinian to the Natural Lawyers The Law of the Romans Roman Contract Law Roman Contract Law and Mistake Mistakes as to the Identity of a Contracting party: Error in persona Mistakes as to the Price to be Paid: Error in pretio Mistakes as to the Subject Matter of the Contract Medieval Roman Law 3. Contractual Mistake in English Law: Mistake in Equity before 1875 The Jurisdiction and Procedures of Chancery Reasons for the Intervention of Equity An Unconscientious Advantage Obtained by Mistake Agreement did not Conform to Parties' Intentions Instances Short of Fraud Protection of a Weaker Party The Limits of Equitable Intervention Forms of Equitable Relief for Mistake Rectification Specific Performance Rescission Conclusions 4. The Lack of Contractual Mistake at Common Law and the Nineteenth-century Transformation of Procedure Pleading Equitable Defences Evidence and the Pre-trial Discovery of Facts Pre-trial Discovery Witnesses Matters of Law rather than Fact Conclusions 5. Pothier and the Development of Mistake in English Contract Law Pothier and the Traité des Obligations Pothier and English Contract Law Early Contract Treatise Writers Colebrooke and Contract Law Macpherson and the Indian Contract Act 1872 Leake: The First Scientific Treatise Writer of Contract Law Judah Benjamin—The Living Transplant Conclusions 6. Von Savigny and the Development of Mistake in English Contract Law Von Savigny and German Legal Development Von Savigny and Contract Von Savigny and Mistake Sir Frederick Pollock Pollock's Principles of Contract Pollock as Will Theorist Pollock and Mistake The Changes in Pollock's Principles Sir William Anson and the Principles of the English Law of Contract Anson and Mistake Anson Modifies his Treatment of Mistake Conclusions 7. The Creation of Contractual Mistake in Nineteenth-century Common Law An Absence of Subject Matter: Couturier v Hastie (1856) Mistake which Prevents Agreement—Raffles v Wichelhaus (1864) Mistake as to a Quality of the Subject Matter—Kennedy v The Panama, New Zealand, and Australian Royal Mail Company (Limited) (1867) Unilateral Mistake rarely renders a Contract Void—Smith v Hughes (1871) Conclusions 8. Mistake of Identity An Absence of Mistake of Identity in English Law Identity Frauds: Criminal Law and the Law of Obligations Hardman v Booth: A Turning Point Cundy v Lindsay: The Beginning of Mistake of Identity The Treatise Writers and the Development of Mistake of Identity New Legislation and a Changed Judicial Approach Conclusions 9. Mistake after Fusion The Judicature Act 1873 Equitable Mistake in the Chancery Division of the High Court The Impact of Procedural Unity upon Substantive Law Reform and Perform The Growing Necessity for the Mistake to be Bilateral The Increasing Rigidity of Equitable Relief Substantive Fusion of Mistake A Reduced Ambit for Mistake in Equity Common Law Mistake in the High Court The Importance of Bell v Lever Brothers The Court of Appeal The House of Lords The Importance of Solle v Butcher Conclusions 10. Summary and Conclusions Summary Conclusions Common Law Legal Development Transplants Contractual Mistake in Modern law
£39.99
Bloomsbury Publishing PLC Tort Law Defences
Book SynopsisThe law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.Trade Review...a welcome contribution. With its careful analysis and clear prose, the book warrants our serious attention. -- Graeme Austin * New Zealand Law Journal *...this book is a gem. It is beautifully clear in its exposition, and thorough in its examination of the area which has long needed such a look. Academic tort lawyers will love it and practitioners will find it extremely useful in clarifying their approach to arguing defences. It is worth having in your library. -- Prue Vines * Australian Civil Liability *... a highly original and insightful analysis into the law of defences to torts as a whole [that] is certainly worthwhile reading. -- James Plunkett * Australian Law Journal, Volume 88 *... an excellent, thought-provoking and rigorously analytical book, which is clearly written and meticulously researched. -- Paul Mitchell * Sydney Law Review, Volume 36 *...Goudkamp's book is the first scholarly study of tort law defences as a whole, and as such is a major addition to the scholarship of tort law. The range of the author's scholarship is impressive, not only in its scale, in that it has extended over the whole field of the law of torts, but also jurisdictionally, and in the use he makes of criminal law scholarship about defences - which may be a first for torts scholars. There are passages which are heavy on theory...which are particularly telling in showing the author's mastery of such areas. The work as a whole has carved out a new area in tort law research and is a most impressive contribution to the scholarly literature on this subject. -- Peter Handford * Torts Law Journal, Volume 21 *... Tort Law Defences... forces everyone with a serious interest in tort (and more widely in private law) to think harder about the topic. ...this is the first serious study devoted to the subject in the common-law world. That tort law defences have been under-analysed is self-evident: indeed, Goudkamp’s namesake book is the first serious attempt to conceptualise them. This is enough in itself to make it a landmark in tort scholarship. If defences are one day recognised as a coherent field of study, it will be in large part this book’s heritage. ... Tort Law Defences is ... a pioneering work. It challenges us to think harder about doctrines which are extremely important, both on a theoretical and a practical level. -- Eric Descheemaeker * The Modern Law Review, Volume 77(3) *... the book is impeccably researched and readable. -- Peter Fagan * New South Wales Law Society Journal, 2014 *In this very significant and thought-provoking book, James Goudkamp offers a fresh conceptualisation of the law governing tort defences, and does so with a rigour and energy that make the book a chellenging yet highly worthwhile study... It is an invaluable addition to torts scholarship. This fine book makes an ambitious argument that is sustained by rigorous scholarship and expressed with clarity and cogency. It deserves to be read and analysed by all those interested in tort law and the law of obligations. -- Desmond Ryan * Legal Studies, volume 34, number 4 *James Goudkamp’s book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon…[his] analysis is consistently thought-provoking…this book will provide the framework for future analysis of all private law defences. -- Graham Virgo * The Cambridge Law Journal *James Goudkamp’s Tort Law Defences fills a startling gap in tort law scholarship, which has not previously made a serious attempt to classify or theorize about defences...Goudkamp’s book provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured. -- Erika Chamberlain * Canadian Business Law Journal *This book, a revised version of the author's doctoral thesis, is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship...an instant classic. -- Annette Morris and Ken Oliphant * Yearbook of European Tort Law, 2013 *...this book is a pathbreaker in theorising about tort law defences and deserves a space on the shelves of law libraries and tort law academics. -- Kumaralingam Amirthalingam * Singapore Journal of Legal Studies *This ambitious new work is the first concerted attempt to develop a coherent theory of defences in tort. In doing so, it addresses many of the fundamental questions that need to be analysed in order to grasp the deeper nature of defences as a functional, normative instrument in tort law. The light shed on the functionality aspect is very helpful from a comparative perspective...written in a very clear and systematic nature and Goudkamp’s language is impressively precise and readable. His analyses are based on a wide range of very interesting theoretical material, and he is undoubtedly a very knowledgeable scholar in this area...an important stepping stone in both general law theory and general theory about private law. -- Anie Marie Froseth * Journal of European Tort Law *Table of Contents1 Introduction 2 Torts and Defences 3 Denials 4 A Taxonomy of Tort Law Defences 5 Applying the Taxonomy 6 Implications 7 Rival Taxonomies 8 Denials of Responsibility 9 Future Directions
£95.00
Bloomsbury Publishing PLC The Choice of Law Contract
Book SynopsisThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.Trade ReviewThe range, depth and originality of the analysis of complex and intricate aspects of party autonomy in applicable law make this a must read for anyone engaged in research in this field. -- Paul Beaumont, University of Aberdeen and Jonathan Harris, King’s College, LondonThe book, that is comparative throughout, thus offers a lot to both European private law and PIL experts. -- Jan M Smits * Maastricht European Private Law Institute Blog *Table of Contents1. Introduction 2. Selection of the Applicable Law by Contract 3. The Scope of Party Autonomy 4. Independence of the Choice of Law Contract 5. Regulating the Choice of Law Contract 6. Agreement to Choose the Applicable Law 7. Formation of the Choice of Law Contract 8. Validity of the Choice of Law Contract 9. Conclusion
£90.00
Beard Books The History and Theory of English Contract Law
£26.25
Bloomsbury Publishing PLC Failure of Contracts: Contractual, Restitutionary and Proprietary Consequences
Book SynopsisThese essays, first delivered at the SPTL/UKNCCL conference in September 1996, offer a scholarly and practical analysis of the consequences of contractual failure. The contributors include many of the UK's leading contract and restitution law scholars, joined by a select number of French and German compartists. The essays range broadly over all aspects of contractual failure, including the issue of loss and gain, remedies for breach, the proprietary consequences, restitution in EU law under Article 85 (EC), the duty to re-negotiate, contractual liability, as well as more general restitutionary issues. Contributors: Malcolm Clarke; Gerhard Dannemann; Brice Dickson; Steve Hedley; Alison Jones; Christian Lapoyade Deschamps; Hector MacQueen; Richard Nolan; Janet O'Sullivan; Edwin Peel; Geoffrey Samuel; Erich Schanze; Eltjo Schrage; John Stevens; Robert Stevens; Felicity Toube; Janet Ulph; Peter Watts; Sarah Worthington.Table of ContentsLoss and gain at greater depth - the implications of the Ruxley decision, Janet O'Sullivan; loss and gain at greater depth - the implications of the Ruxley decision - a comment, Edwin Peel; remedies for breach of contract - specific enforcement and restitution, Richard Nolan; remedies for breach of contract - specific enforcement and restitution - a comment, Peter Watts; the proprietary consequences of contract failure - Sarah Worthington; the proprietary consequences of contract failure - a comment, Janet Ulph; restitution under Article 85(2) of the EC Treaty - can it be done?, Felicity Toube; restitution under Article 85(2) of the EC Treaty - can it be done? a comment, Alison Jones; restitution for termination of contract in German Law, Gerhard Dannemann; failure of long-term contracts and the duty to re-negotiate, Erich Schanze; failure of long-term contracts and the duty to re-negotiate - a comment, Geoffrey Samuel; le mythe de la responsabilite contractuelle en Droit Francais, Christian Lapoyade Deschamps; the myth of contractual liability in French law - a comment, Malcolm Clarke; contract, unjustified enrichment and concurrent liability - a Scots perspective, Hector L. MacQueen; contract, unjustified enrichment and concurrent liability - a Scots perspective - a comment, John Stevens; contract and restitution - a few comparative remarks, Eltjo Schrage; contract and restitution - a few comparative remarks - a comment, Brice Dickson; restitution - contract's twin?, Steve Hedley; restitution - contract's twin? - a comment, Robert Stevens. Appendix: the publications of Sir Guenter Treitel.
£133.00
The Ridge Publishing Group Legal Ink
£26.99
De Gruyter Europäisches Vertragsrecht: Institutionelle Und
Book Synopsis
£86.45
Meta Brasil Direito Aplicado
£17.68
Brill Chinese Contract Law - Theory & Practice, Second Edition
Book SynopsisChinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.Table of ContentsPreface to the Second Edition Acknowledgments Introduction 1 Mao’s “Plain Paper” Theory and Legal Nihilism in China 2 Post-Mao Reconstruction of the Legal System 3 Contract Law Legislation 3.1 Enactment of the General Principles of Civil Law 3.2 Adoption of the Unified Contract Law 3.3 The 2017 General Provisions of Civil Law 3.4 The 2019 Foreign Investment Law 4 Judicial Interpretation and Guiding Cases 5 The Ideology of “Governing the Country by Law” 6 Unsolved Issue: Judicial Independence 1 Contract Law in the Chinese Tradition 1 Concept of Contract 1.1 Chinese Tradition 1.2 Civil Law Influence 1.3 Theories of Contract Law 1.3.1 Economic Means Theory 1.3.2 Civil Act Theory 1.3.3 Agreement Theory 1.3.4 Exchange Theory 1.4 Definition of Contract 2 Contract Classification 2.1 Named and Unnamed Contracts 2.2 Formal and Informal Contracts 2.3 Consensual and Real Contracts 2.4 Onerous and Gratuitous Contracts 2.5 Unilateral and Bilateral Contracts 3 Application of the Contract Law 4 Contract and the Socialist Market Economy 5 Contracts and the State Plan 2 Freedom of Contract in China 1 Conception of Freedom 2 Right of Parties to a Contract 3 Limitations on Party Autonomy 3.1 Legal Compliance 3.2 State Plan Mandate 3.3 Administrative Supervision 3.4 Government Approval and Other Special Requirements 3 Enforceability of Contracts 1 Obligatio and Contract Obligations 2 Governing Principles of Contracts 2.1 Equality and Voluntariness 2.2 Fairness and Good Faith 2.3 Legality and Public Interests 2.4 Observance of Contract 3 Pre-Contractual Liabilities 4 Formation of Contracts 1 Offer 1.1 Offer and Invitation for Offer 1.2 Legal Effect of Offers 1.3 Termination of an Offer 1.3.1 Withdrawal of Offer 1.3.2 Revocation of Offer 1.3.3 Void Offers 2 Acceptance 2.1 Requirements for Acceptance 2.2 Withdrawal of Acceptance 2.3 Late Acceptance 2.4 Late Arrival of Acceptance 2.5 Acceptance and Conclusion of Contract 3 Conclusion and Effectiveness of Contracts 4 Formality of Contracts 5 Incorporation of the State Plan and Government Approval 5 Terms of Contracts 1 Terms Generally Included in a Contract 2 Interpretation of a Contract 2.1 Contract Interpretation Approaches 2.2 Contract Interpretation Theories 2.3 Contract Interpretation under the Contract Law 3 Supplementary Agreement for Uncertain or Missing Terms 4 Proof of the Terms of a Contract 5 Standard Terms 6 Disclaimers 6 Contract Defenses—Validity Issues 1 Issues at Stake 2 Capacity of the Parties—Effect-to-be-Determined Contract 2.1 Contract by a Person with Limited Capacity for Civil Conduct 2.2 Contract by an Agent without Due Authorization 2.3 Right to Request Ratification and to Rescind a Contract 2.4 Contract by a Person with No-Right-to-Dispose 3 Void Contracts 3.1 Fraud or Duress 3.1.1 Fraud 3.1.1.1 Intent to Deceive 3.1.1.2 Conduct of Deceit 3.1.1.3 Reliance 3.1.1.4 Mistaken Manifestation of the Consent of the Deceived 3.1.2 Duress 3.2 Malicious Collusion to Damage the Interests of the State, a Collective, or a Third Party 3.3 Use of a Contract for Illegal Purpose 3.4 Harm to the Social Public Interest 3.5 Violation of Compulsory Provisions of Law or Regulations 4 Voidable Contracts 4.1 Exploitation of the Other Party’s Precarious Position 4.2 Material Misunderstanding 4.3 Obvious Unfairness 5 Consequences of Void and Voidable Contracts 5.1 Avoidance from the Very Beginning 5.2 Partial Avoidance and the Remaining Part of the Contract 5.3 Independence of a Dispute Settlement Clause 5.4 Restitution and Compensation 6 Conditions Affecting the Validity of Contacts 7 Performance of Contracts 1 Performance Principles 1.1 Complete and Adequate Performance 1.2 Good Faith Performance 2 Determination of the Obligations to Be Performed 3 Right of Defense to Non-Performance 3.1 Fulfillment Plea 3.2 Unrest Defense 4 Protective Measures for Performance 4.1 Right of Subrogation 4.1.1 Conditions for Subrogation 4.1.2 Action to Seek Subrogation 4.1.3 Defenses of the Obligor’s Debtor 4.1.4 Legal Effect of Subrogation 4.2 Right of Cancellation 5 Guarantee of Performance 5.1 Suretyship 5.2 Security Interest 5.3 Money Deposit 5.4 Lien 6 Changes of Circumstances during Performance 6.1 Changes Related to the Parties 6.2 Rebus Sic Stantibus 8 Modification of Contract and Assignment 1 Modification 2 Assignment 2.1 Assignment of Contractual Rights 2.1.1 Formality of Assignment 2.1.2 Non-Assignable Rights 2.1.3 Effect of Assignment 2.1.4 Right of Defense in Assignment 2.2 Delegation of Contractual Obligations 2.2.1 Delegation as a Transfer of Debts in Whole or in Part 2.2.2 Subordinate Duties 2.2.3 Non-Delegable Duties 2.2.4 Transfer of Obligor’s Defenses against Obligee 3 Comprehensive Assignment 9 Rescission and Termination of Contracts 1 Rescission 1.1 Rescission by Agreement 1.2 Rescission by the Provisions of Law 1.2.1 Force Majeure 1.2.2 Breach of Contract 1.2.2.1 Anticipatory Repudiation 1.2.2.2 Unreasonable Delay in Performance 1.2.2.3 Frustration of the Contract Purpose 1.2.3 Other Reasons Provided by the Law 1.3 Rescission Notice 1.4 Legal Consequences of Rescission 2 Termination 2.1 Performance 2.2 Offset 2.3 Deposit 2.4 Exemption 2.5 Merger 10 Breach of Contracts and Remedies 1 Liability for Breach: a Chinese Concept 2 Liability Imputation 3 Breach 3.1 Anticipatory Repudiation 3.2 Actual Breach 4 Remedies 4.1 Continuing Performance 4.1.1 Monetary Obligation 4.1.2 Non-Monetary Obligation 4.1.2.1 Impossibility Rule 4.1.2.2 Impracticability Rule 4.1.2.3 Rule of Timing 4.2 Remedial Measures 4.3 Damages 4.3.1 Compensatory Damages 4.3.2 Liquidated Damages 4.3.3 Punitive Damages 4.3.4 Earnest Money 5 Mitigation Duty 6 Exemption of Liability 11 Third Party Interests 1 Third Party Receiving Performance 2 Third Party Performing the Contract 3 Breach Caused by a Third Party 4 Bona Fide Third Party 12 International Contracts 1 Foreign Elements 2 Choice of Law in International Contracts 2.1 Choice of Law by the Parties 2.2 Application of Law Absent the Parties’ Choice 2.3 Application of International Law 3 Choice of Forum in International Contracts 4 Dispute Settlement Mechanism 4.1 Reconciliation 4.2 Mediation 4.3 Arbitration 4.4 Litigation 5 Statute of Limitations 13 Labor Contracts 1 Labor Contract Legislation and Legal Framework 2 Concept of Labor Contract 2.1 Definition 2.2 Categories 3 Formation 3.1 Requirements 3.2 Probationary Period 3.3 Collective Contract 3.4 Labor Dispatch 4 Validity and Enforceability 5 Performance and Modificatiom 5.1 Performance 5.2 Modification 6 Rescission and Termination 6.1 Rescission 6.2 Termination 7 Legal Liabilities 8 Dispute Settlement 9 Government Supervision and Review Index
£244.35
Brill Theologians and Contract Law: The Moral Transformation of the Ius Commune (ca. 1500-1650)
Book SynopsisThe Roman legal tradition is the ancestor of modern contract law but there is no agreement as to how and when a general law of contract emerged. Wim Decock’s thesis is that an important step in this evolution was taken by theologians in the sixteenth and seventeenth centuries. They transformed the Roman legal tradition (ius commune) by insisting on the moral foundations of contract law. Theologians emphasized that the enforceability of contracts is based on voluntary consent and that a contract should not enrich one party at another's expense. While their main concern was the salvation of souls, theologians played a key role in the development of a systematic contract law in which the founding principles were freedom and fairness. Theologians and Contract Law is winner of the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation) as well as the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. Decock's book is also awarded the "Juristisches Buch des Jahres" (Law book of the year) by Neue Juristische Wochenschrift (47/2013: 3420).Trade ReviewAWARDS Theologians and Contract Law has added yet another prize to its considerable list of awards and recognitions: the book has recently been awarded with the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation). The prize has been awarded annually to outstanding early career researchers since 1977 as both recognition and an incentive to continue pursuing a path of academic excellence. Read the author's reaction to winning the prize here. Theologians and Contract Law has been elected foreign "Juristisches Buch des Jahres" (Law Book of the Year) by Reinhard Zimmermann (Director MPI Privatrecht Hamburg) in Neue Juristische Wochenschrift, 47/2013, pp. 3420: "Das Naturrecht der spätscholastischen "Schule von Salamanca" hat seit einigen Jahren Hochkonjunktur, aber nach wie vor kennt kaum jemand die einschlägigen Quellen. Decock kennt sie alle und schildert die Prägephase des modernen Vertragsrechts unmittelbar aus diesen Quellen mit einer stupenden Kenntnis ihrer theologischen und wirschaftspolitischen Hintergründe. Das ist nicht nur rechtshistorisch beeindruckend, sondern für jeden, der sich für Vertragsrecht interessiert, faszinierend. Denn Decocks Thesen, dass Salamanca der Geburtsort des modernen Vertragsrechts und katholische Theologen seine Geburtshelfer gewesen seien, wird nach der Lektüre dieses wichtigen Buchs kaum noch jemand widersprechen mögen." Theologians and Contract Law is winner of the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and awarded the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. MEDIA A radio-feature with Wim Decock was aired by BR 2 on Sunday 2 March 2014; click here to listen to the complete interview (or if you just want to read the German script please click here). REVIEWS "Decock's book is undoubtedly a milestone in the study of the approach to contract law by early modern theologians. It is exhaustive and yet reader-friendly, a clear sign of the writer's mastery of the subject and, at the same time, a relief for the reader interested in but not very familiar with late mediaeval and early modern Continental legal thought. It highlights the insufficient amount of studies of the same calibre on related subjects, such as the progressive separation of conscience from canon law, the relationship between catholic and protestant moral theologians, the influence of moral theologians on the emergence of natural law, and so on. As with any great study, it equally fills and furthers our ignorance: one realises both how much one does not know, and how much there is still to study.” - Guido Rossi, in: Ecclesiastical Law Journal, Vol. 17, No. 2 (May 2015), pp. 249-252 [DOI: 10.1017/S0956618X15000204] "[...] niezwykle wazna ksiazka." ["an extremely important book."] - Marcin Bukala, in: Przeglad Tomistyczny, Vol. 20 (2014) pp. 286-293 "[...] [A] useful guide for those who want a systematic and historical approach to the beginnings of modern common law and theory of contracts, with a deep study of the topics and a good comprehension of the relationships and different approaches to this subject (theological, philosophical, juridical, historical, and economic). It is also a very good contribution to the studies of this amazing and suggestive historical moment." - Idoya Zorroza, in: Journal of Markets & Morality, Vol 16, No 2 (2013), pp. 669-671 "Dit is zonder meer een grootse en belangwekkende studie die niet meer voor filosofen en intellectueel historici dan voor rechtshistorici van belang is. Het corpus teksten dat aan de basis hiervan ligt - de gedrukte werken van de katholieke moraaltheologen en kerkjuristen tussen ca. 1500 en 1650 - is indrukwekkend. [...] [E]en zeer welgekomen bijdrage die een grote meerwaarde heeft voor de studie van [...] vroegmoderne scholastici." - Erik de Bom, in: Tijdschrift voor Filosofie, Vol. 76 (2014), No. 1, pp. 134-136 "With Theologians and contract law an enormous gap in the existing literature has been filled. [...] [E]xtensive, profound and thorough [...]. Undoubtedly the degree of complexity of such research makes great demands on the investigator’s competence. [The author is a] master of various disciplines, such as law, history and theology, and, moreover, [...] competence in both Latin, its technical terminology and also in a number of modern languages. [...] It is a difficult, laborious and arduous investigation and we can congratulate the author. His efforts have certainly borne fruit." - Jan Hallebeek, in: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review, Vol. 81 (2013), No 3/4, pp. 660-662 [DOI: 10.1163/15718190-08134p20] "Decock designed a well-balanced project with the core theme, the guiding moral theologian (Lessius), the comprehensive bibliography of primary sources and academic literature on the topic as of early 2012. [...] The reviewed book convincingly demonstrates theoretical innovations of the School of Salamanca for transforming contract law of ius commune. [...] [T]he book is definitely a notable contribution [...]." - Dmitry Poldnikov, in: Journal on European History of Law, Vol. 4 (2013), No. 2, pp. 169-171 "[E]l libro de Decock es de gran provecho para historiadores del derecho e, incluso, para privatistas." - Andrés Botero Bernal, in: Revista Jurídica - Mario Alario D'Filipo, Vol. 5, No. 1/9 (first half of 2013), pp. 182-189 "Muchas son las ideas que contienen este espléndido libro de historia del derecho y del pensamiento jurídico. El autor ha lidiado con textos difíciles y eruditos, que no están conceptualmente al alcance de muchos de los iusprivatistas de nuestros días. Es necesario poseer una sólida cultura jurídica, histórica, filosófica y teológica para estudiar estos autores de la escolástica tardía. [...] [E]l libro de Wim Decock es un modelo para ulteriores trabajos sobre estos temas." - Rafael Ramis Barceló, in: Revista de Estudios Histórico-Jurídicos, Vol. 35 (2013), pp. 810-814 "Decock’s judicious and insightful book participates in the rediscovery of the theological foundations of modern Western law. [The] deeply researched, judicious monograph is […], of great value in its chosen field of contract law, helps us better understand the implications of the juridification of conscience for early modern politics and society." - Richard Ross, in: Jotwell: The Journal of Things We Like (Lots), 1 April 2013.Table of ContentsAcknowledgment Prologue Notes on the Text and its Modes of Reference 1 Method and Direction 2 Theologians and Contract Law: Contextual Elements 3 Toward a General Law of Contract 4 Natural Limitations on 'Freedom of Contract' 5 Formal Limitations on 'Freedom of Contract' 6 Substantive Limitations on 'Freedom of Contract' 7 Fairness in Exchange 8 Theologians and Contract Law: Common Themes Bibliography Index
£67.20
