The Law of Waiver, Variation and Estoppel PDF Download
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Author: Sean Wilken
Publisher: Oxford University Press
ISBN: 0199696837
Category : Law
Languages : en
Pages : 537
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Book Description
Providing practical guidance on these complex doctrines this book analyses their constituent elements and considers the juridical foundation and relationship with other areas of law and other application in various aspects of commercial law.
Author: Sean Wilken
Publisher: Oxford University Press
ISBN: 0199696837
Category : Law
Languages : en
Pages : 537
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Book Description
Providing practical guidance on these complex doctrines this book analyses their constituent elements and considers the juridical foundation and relationship with other areas of law and other application in various aspects of commercial law.
Author: Sean Wilkin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 626
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Book Description
Estoppel, variation and waiver are three overlapping doctrines in commercial law which are invoked to alter or end existing contractual arrangements. Because there has been no systematic classification and analysis of the doctrines and there is no obvious dividing line between them, this a difficult area for practitioners. This book examines all three doctrines and helps attorneys decide when and how to use them effectively.
Author: Sean Wilken
Publisher: Oxford University Press, USA
ISBN: 9780199253210
Category : Contracts
Languages : en
Pages : 0
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Book Description
Commercial law and practice are riddled with examples of the parties formally and informally altering the bargains into which they have entered. The means by which alteration occurs are contained within the doctrines of waiver, variation, and estoppel. This book provides definitions of these notoriously difficult doctrines, together with a detailed analysis of how they apply throughout the commercial law in doctrine and practice. In the second edition the author has revised and rewritten much of the text to take into account recent cases, and new material has been added on issue estoppel, commercial property, and the possibility of an over-arching unifying theory governing the doctrines.
Author: Michael Barnes KC
Publisher: Bloomsbury Publishing
ISBN: 1509909397
Category : Law
Languages : en
Pages : 981
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Book Description
This work contains within a single book an account of all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election. There can be few practitioners who do not at some time have to engage with estoppel. Estoppel applies across all, or nearly all, English civil law. In explaining each form of estoppel an attempt is made to state the main elements which have to be proved to establish the estoppel and then to detail each element with its various components. At the end of each chapter a brief summary of the estoppel is included so as to guide practitioners and others to any question important in any particular case. The law of estoppel has considerably advanced over recent decades, and over the last 10 years alone there have been major changes, such as the clarification of the previously uncertain boundaries of proprietary estoppel, a statement of the exceptions to the principles of res iudicata, and the extension law as well as of fact. These and other subjects are explained in full.
Author: Neil Andrews
Publisher: Cambridge University Press
ISBN: 1139504088
Category : Law
Languages : en
Pages : 797
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Book Description
This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.
Author: Ewan McKendrick
Publisher: Bloomsbury Publishing
ISBN: 1350355208
Category : Law
Languages : en
Pages : 531
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Book Description
The 15th edition of Ewan McKendrick KC's bestselling textbook is the go-to resource for all students of contract law. It combines a clear and straightforward account of basic doctrines, including consideration and illegality, with up-to-date coverage of more recent developments, such as the recent Supreme Court and Privy Council decisions dealing with economic duress and the interpretation of exclusion and limitation clauses. Other contemporary considerations covered include the application of the doctrine of frustration to contracts which have been impacted by the COVID-19 pandemic and the scope of the doctrines of mistake and misrepresentation. Packed with a range of pedagogical features, from 'hot topic' discussion boxes to end of chapter summaries and exercises, this straightforward and stimulating text is the essential learning companion for students undertaking undergraduate law degrees, the GDL, CPE modules or other equivalent contract law courses.
Author: Adam Kramer KC
Publisher: Bloomsbury Publishing
ISBN: 1847317286
Category : Law
Languages : en
Pages : 319
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Book Description
This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.
Author: Mark Giancaspro
Publisher: Edward Elgar Publishing
ISBN: 1035323478
Category : Law
Languages : en
Pages : 263
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Book Description
In 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.
Author: Andrew Burrows
Publisher: Oxford University Press
ISBN: 0191063266
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: William Day
Publisher: Bloomsbury Publishing
ISBN: 1509934898
Category : Law
Languages : en
Pages : 485
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Book Description
Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.
