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Author: Richard Austen-Baker
Publisher: Edward Elgar Publishing
ISBN: 1800885180
Category : Law
Languages : en
Pages : 231
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Book Description
This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.
Author: Richard Austen-Baker
Publisher: Edward Elgar Publishing
ISBN: 1800885180
Category : Law
Languages : en
Pages : 231
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Book Description
This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.
Author: Johanna Hoekstra
Publisher: Transnational Press London
ISBN: 1801350809
Category : Law
Languages : en
Pages : 203
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Book Description
This book discusses the principles and rules of general contract law in England & Wales. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. In this it follows the structure most used in contract law modules at universities. Please also note that this book takes into account developments of the law up until July 2021. Contract law is a core module in legal higher education in the UK. Contract law is also an important basis for many other law modules including maritime law, company law, commercial law, and arbitration law. This book gives a clear oversight of the main issues of key contract law topics. It summarises the issues in a concise and precise manner and uses practical examples throughout to clarify how the law is applied. Key cases are used to explain and illustrate the principles of the law. This book is an ideal companion guide for exam revisions. The chapters follow a question-and-answer model that makes it easy to find information on a specific issue. The chapters end with a problem-solving scenario on key issues of the topic and a list with key cases which will be helpful in preparing for examinations. At the end of the book, you find a further reading list and a set of sample multiple-choice questions which can be used to help prepare for the first stage of the SQE examination that will be introduced in September 2021. “Contract Law is generally taught as a first-year subject which could be a daunting subject. This book helps students to revise this subject effectively as it brings together all key areas of contract law that a student should be familiar with when preparing for examinations, drafting coursework, and preparing for seminars. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. The book is written in plain language in the form of questions and answers. It is detailed without being too long, succinct but covers all key cases and developments in the area. The multiple-choice questions at the end of the book are very beneficial for students preparing for the SQE and exams that follow a similar format. I would recommend this book wholeheartedly.” – Dr Aysem Diker Vanberg, Lecturer in Law, Goldsmiths, University of London CONTENTS: Abbreviations About the author Foreword CHAPTER I Introduction CHAPTER II Offer and Acceptance CHAPTER III Intentions to Create Legal Relations & Certainty CHAPTER IV Consideration & Promissory Estoppel CHAPTER V Rights of Third Parties CHAPTER VI Capacity CHAPTER VII Terms of the Contract CHAPTER VIII Exemption Clauses and Unfair Terms CHAPTER IX Duress and Undue Influence CHAPTER X Misrepresentation CHAPTER XI Mistake CHAPTER XII Frustration CHAPTER XIII Breach of Contract and Remedies SUMMARY: SAMPLE MULTIPLE CHOICE QUESTIONS ANSWERS RECOMMENDED READING LIST INDEX
Author: Andrew (hon) Burrows FBA
Publisher: Oxford University Press
ISBN: 0191072052
Category : Law
Languages : en
Pages : 309
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Book Description
A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.
Author: Franz Schwarz
Publisher: Kluwer Law International B.V.
ISBN: 9403526343
Category : Law
Languages : en
Pages : 610
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Book Description
As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Author: Larry A. DiMatteo
Publisher: Oxford University Press
ISBN: 0198728735
Category : Law
Languages : en
Pages : 513
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Book Description
Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.
Author: Andrew Burrows
Publisher:
ISBN: 0198746237
Category : Law
Languages : en
Pages : 481
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Book Description
Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
Author: Hugh Beale
Publisher: Bloomsbury Publishing
ISBN: 1509912576
Category : Law
Languages : en
Pages : 1515
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Book Description
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Author: Robert Clark
Publisher:
ISBN: 9780414056367
Category : Contracts
Languages : en
Pages : 836
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Book Description
The eight edition of this bestselling Irish Contract Law text includes a number of important, and landmark, legislative changes that have taken place since the last edition, for example the Assisted Decision-Making (Capacity) Act from late 2015 and many more. Also included in this edition are developments in case law from Irish jurisdictions as well as England and Wales and elsewhere in the Commonwealth. The important doctrinal shifts marked in the previous edition on the convergence of principles that govern Judicial Review in public law and their influence over performance of private law obligations has continued to mark the emergence of good faith standards in the interpretation of promises that, at first, look to be void for uncertainty. There have been similar developments on good faith in regard to the performance of contracts. Changes in the fortunes of Lord Hoffmann's views on principles governing contractual interpretation and implied terms are traced and it will be interesting to see how the Irish courts will respond to such events. The final appellate courts in the United Kingdom, Australia and Ireland have provided important decisions relating to statutory illegality, serving to make the law in all three jurisdictions more responsive to the imperatives that lie behind the statute in question. Recent case law from Ireland, England and Wales, Australia and New Zealand continues to develop the law on promissory estoppel in a contractual setting. Chapter 19, the law relating to damages following on from a breach of contract, has been expanded to take account of added complexities, the uncertainty surrounding the date of breach rule, and some hints about remoteness and consequential loss. Other areas include compensation for non-pecuniary loss, contributory negligence and penalty/liquidated damages clauses. Professor Clark provides a convenient and reliable guide to Irish Contract Law, as located in the context of the English (and Irish) common law tradition
Author: Jill Poole
Publisher: Oxford University Press, USA
ISBN: 0198840446
Category : Law
Languages : en
Pages : 277
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Book Description
The Contract Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level." - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, King's College London "-it is a fantastic book. It covers absolutely all topics you need for the course." - Emma McGeorge, law student, Strathclyde University
Author: Richard Austen-Baker
Publisher: Routledge
ISBN: 1135096139
Category : Law
Languages : en
Pages : 173
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Book Description
Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.
