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Containing all the developments in case law and legislation since 1999, this resource covers such as topics as: formation of contract, illegality and public policy, remedies for breach of contract, bailment, building contracts, carriage by air and land, and credit and security
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.
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
McGregor has been leading authority on the law of damages for nearly 150 years. Part of the 'Common Law Library', it provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to specific heads of damages. Damages in contract and tort are compared, and each type is dealt with individually. Related procedural issues are also covered in a separate section, bringing the work fully up-to-date with the impact of the Civil Procedure Rules. This book covers both particular causes of action in contract, tort and now human rights, with detailed explanation of how the law applies to specific practice areas and situations. It includes in-depth analysis of case law such as SAAMCO, Fairchild, McFarlane, Farley v Skinner and Kuddus. Fully up-to-date with new chapters on Human Rights and Restitutionary Damages, it clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages. It considers current issues including calculation of damages, periodical payments and interest on damages and anticipates likely future developments. payments with reference to the recent Law Commission Consultation Paper. It is supplemented regularly to stay up-to-date with developments as they occur.
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.
Offers students with a logical introduction to contract law. Exploring various developments and case decisions in the field of contract law, this title combines an examination of authorities and commentaries with a modern contextual approach.
This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.