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Author: Gareth Spark
Publisher: Cambridge University Press
ISBN: 1139620452
Category : Law
Languages : en
Pages : 355
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Book Description
Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
Author: Gareth Spark
Publisher: Cambridge University Press
ISBN: 1139620452
Category : Law
Languages : en
Pages : 355
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Book Description
Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
Author: Lee Roach
Publisher: Oxford University Press, USA
ISBN: 0199698058
Category : Business & Economics
Languages : en
Pages : 939
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Book Description
With faultless accuracy, this text is the most detailed and analytical account of law for those new to the subject. It provides commanding analysis of the English legal system, contract law, the law of torts, company law, and employment law, as well as covering relevant aspects of the law of agency and environmental law. Online chapters provide further discussion relating to the economic torts, corporate governance, the sale of goods, consumer credit, and the law relating to unfair and illegal commercial practices. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features have been incorporated throughout, making this difficult subject more accessible. Key case, examples, and discussion boxes demonstrate the application of law and highlight core principles, while self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and updates to the law via Twitter. This new edition also includes a testbank of MCQs for lecturer use.
Author: Gareth Spark
Publisher: Cambridge University Press
ISBN: 1107031788
Category : Law
Languages : en
Pages : 355
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Book Description
Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author: S. Blount
Publisher:
ISBN: 9780409340747
Category : Contracts
Languages : en
Pages :
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Book Description
In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014
Author: Prince Saprai
Publisher: Oxford University Press
ISBN: 0191084581
Category : Law
Languages : en
Pages : 257
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Book Description
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Author: Neil Andrews
Publisher: Springer
ISBN: 331927144X
Category : Law
Languages : en
Pages : 347
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Book Description
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.
Author: John Felemegas
Publisher: Cambridge University Press
ISBN: 9781107676565
Category : Law
Languages : en
Pages : 546
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Book Description
In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Author: John Cartwright
Publisher: Sweet & Maxwell
ISBN: 0414049551
Category : Law
Languages : en
Pages : 987
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Book Description
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Category : Law
Languages : en
Pages : 417
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Book Description
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
