Defences in Contract, Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi Название: Defences in Contract ISBN: 1849467234 ISBN-13(EAN): 9781849467230 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. Many scholars are unaccustomed to thinking of defences to contract law and so fresh light is shed on an old topic. The essays make several original contributions to this complex, important but neglected field of academic enquiry. The contributors-judges and academics-are all leading jurists. The essays are addressed to all of the major common law jurisdictions. (Series: Hart Studies in Private Law: Essays on Defences, Vol. 3) Subject: Contract Law, Tort Law, Commercial Law, Legal History]
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi Название: Defences in Tort ISBN: 1509914161 ISBN-13(EAN): 9781509914166 Издательство: Bloomsbury Academic Рейтинг: Цена: 47510.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.
Автор: Burton, Steven J. Название: Elements of Contract Interpretation ISBN: 0195337492 ISBN-13(EAN): 9780195337495 Издательство: Oxford Academ Рейтинг: Цена: 92930.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions. Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.
Claims of fraud and breach of warranty are common following the purchase of a business. They often mix tort and breach of contract and may involve specialist aspects such as notification provisions and escrow mechanisms.
This new title provides a practitioner's guide to claims of fraud and breach of warranty from a leading commercial QC with great experience in this field.
Key questions to be considered include:
1. When can a warranty also be a representation? Cases include Idemitsu Kosan v Sumitomo 2016] 2 CLC 297 2. When is a warranty claim properly notified and served? Cases to be considered include Nobahar-Cookson v Hut Group 2016] EWCA Civ 128 and Teoco v Aircom Jersey 4 Ltd 2018] EWCA Civ 23 3. When is has fair disclosure been given? Cases include New Hearts v Cosmopolitan Investments 1997] 2 BCLC 249, Infiniteland v Artisan Contracting 2006] 1 BCLC 632 4. What are the requirements for proving fraud in the context of sale of a business? Cases include Belfairs v Sutherland 2010] EWHC 2276 (Ch) 5. When is an accounting fraud attributed to the seller? Cases include Man v Freightliner 2005] EWHC 2347 (Comm) and Hut Group v Nobahar-Cookson 2014] EWHC 3842 (QB) 6. What are the remedies for fraud and breach of warranty and how are damages calculated? Cases include Lion Nathan v CC Bottlers 1996] 1 WLR 1438, Senate Electrical v Alcatel Submarine 1999] 2 Lloyd's Rep 423 7. When can the seller claim for loss of earnout under purchaser's warranties? Cases include Porton v 3M 2011] EWHC 2895 (Comm) and Kitcatt v MMS 2017] 2 BCLC 352
Автор: Andrew Dyson, James Goudkamp, Frederick Wilmot-Smi Название: Defences in Tort ISBN: 1849465266 ISBN-13(EAN): 9781849465267 Издательство: Bloomsbury Academic Рейтинг: Цена: 137280.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the links between tort law defences on a theoretical level, and examines the nature and scope of individual defences. It will be of value to academics and practitioners alike.
Автор: James Goudkamp Название: Tort Law Defences ISBN: 1509905022 ISBN-13(EAN): 9781509905027 Издательство: Bloomsbury Academic Рейтинг: Цена: 40120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The 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 new paperback edition contains a substantial preface in which the author responds to critics.
Reviews '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 ... T]his book will provide the framework for future analysis of all private law defences'. Graham Virgo, The Cambridge Law Journal
'This book ... 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 ... It is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook of European Tort Law 'James Goudkamp's Tort Law Defences fills a startling gap in tort law scholarship... It] 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
Автор: Mckendrick, Ewan (professor Of English Private Law Название: Contract law: text, cases, and materials ISBN: 019880816X ISBN-13(EAN): 9780198808169 Издательство: Oxford Academ Рейтинг: Цена: 43290.00 T Наличие на складе: Невозможна поставка. Описание: Celebrated and respected, this is the stand-alone guide to contract law. Written by Ewan McKendrick, it uses a unique balance of commentary, cases, and materials. Explaining, applying, and contextualizing, it shows students the law at work and helps them to gain a thorough understanding.
Автор: Poole Jill Название: Textbook on Contract Law ISBN: 0198732805 ISBN-13(EAN): 9780198732808 Издательство: Oxford Academ Рейтинг: Цена: 34840.00 T Наличие на складе: Поставка под заказ. Описание: The thirteenth edition of this established and popular text provides a clear and commercially-focused exposition of contract law. Case-driven content and succinct explanations are combined with summaries, questions, and examples to allow students to gain a sound understanding of the theory and application of contract law principles.
Автор: Maria Hook Название: The Choice of Law Contract ISBN: 1849467641 ISBN-13(EAN): 9781849467643 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This 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.
Автор: Devenney, James Stone, Richard Название: Text, cases and materials on contract law ISBN: 1138907499 ISBN-13(EAN): 9781138907492 Издательство: Taylor&Francis Рейтинг: Цена: 40820.00 T Наличие на складе: Нет в наличии. Описание:
Written by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary.
Composed of approximately one-quarter authors' commentaries and three-quarters cases and materials, including academics' articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law.
This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include:
● chapter introductions to highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text;
● additional reading listed at the end of each chapter to assist further study and independent research;
● clear and attractive text design that differentiates between the authors' commentaries and the materials;
● a companion website that provides skills materials and self-assessment tasks to help further your learning.
The range of material covered, straightforward style and targeted updates to this fourth edition make Text, Cases and Materials on Contract Law a comprehensive and invaluable resource for all undergraduate and postgraduate students of contract law.
Автор: Schwenzer, Ingeborg; Hachem, Pascal; Kee, Christop Название: Global Sales and Contract Law ISBN: 0199572984 ISBN-13(EAN): 9780199572984 Издательство: Oxford Academ Рейтинг: Цена: 353760.00 T Наличие на складе: Невозможна поставка. Описание: Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law.
Автор: Bolton, Patrick Название: Contract Theory ISBN: 0262025760 ISBN-13(EAN): 9780262025768 Издательство: MIT Press Рейтинг: Цена: 101570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
A comprehensive introduction to contract theory, emphasizing common themes and methodologies as well as applications in key areas.
Despite the vast research literature on topics relating to contract theory, only a few of the field's core ideas are covered in microeconomics textbooks. This long-awaited book fills the need for a comprehensive textbook on contract theory suitable for use at the graduate and advanced undergraduate levels. It covers the areas of agency theory, information economics, and organization theory, highlighting common themes and methodologies and presenting the main ideas in an accessible way. It also presents many applications in all areas of economics, especially labor economics, industrial organization, and corporate finance. The book emphasizes applications rather than general theorems while providing self-contained, intuitive treatment of the simple models analyzed. In this way, it can also serve as a reference for researchers interested in building contract-theoretic models in applied contexts.The book covers all the major topics in contract theory taught in most graduate courses. It begins by discussing such basic ideas in incentive and information theory as screening, signaling, and moral hazard. Subsequent sections treat multilateral contracting with private information or hidden actions, covering auction theory, bilateral trade under private information, and the theory of the internal organization of firms; long-term contracts with private information or hidden actions; and incomplete contracts, the theory of ownership and control, and contracting with externalities. Each chapter ends with a guide to the relevant literature. Exercises appear in a separate chapter at the end of the book.
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