Defences in Contract: Hart Studies in Private Law: Essays on Defences
Editat de Dr Andrew Dyson, Dr James Goudkamp, Frederick Wilmot-Smithen Limba Engleză Paperback – 27 iun 2019
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Specificații
ISBN-13: 9781509930081
ISBN-10: 1509930086
Pagini: 336
Dimensiuni: 168 x 244 x 24 mm
Greutate: 0.58 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law: Essays on Defences
Locul publicării:London, United Kingdom
ISBN-10: 1509930086
Pagini: 336
Dimensiuni: 168 x 244 x 24 mm
Greutate: 0.58 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law: Essays on Defences
Locul publicării:London, United Kingdom
Cuprins
1. Thinking in Terms of Contract Defences
Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith
2. What Is a Contractual Defence (and Does It Matter)?
Kit Barker
3. Good Faith Bargaining in the Shadow of a Form
Daniel Markovits
4. Good Faith, Good Conscience, and the Taking of Unfair Advantage
Stephen Waddams
5. Undue Influence and Unconscionability
Hugh Beale
6. Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment?
Mary Arden
7. Not Waiving but Drowning
Robert Stevens
8. Frustration: Automatic Discharge of Both Parties?
Ewan McKendrick
9. Resisting Termination: Some Comparative Observations
Solène Rowan
10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility
Venkatesan Niranjan
11. Contributory Negligence and Strict Contractual Obligations Revisited
Janet O'Sullivan
12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy
Gerard McMeel
13. Illegality: Where Are We Now?
Roger Toulson
Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith
2. What Is a Contractual Defence (and Does It Matter)?
Kit Barker
3. Good Faith Bargaining in the Shadow of a Form
Daniel Markovits
4. Good Faith, Good Conscience, and the Taking of Unfair Advantage
Stephen Waddams
5. Undue Influence and Unconscionability
Hugh Beale
6. Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment?
Mary Arden
7. Not Waiving but Drowning
Robert Stevens
8. Frustration: Automatic Discharge of Both Parties?
Ewan McKendrick
9. Resisting Termination: Some Comparative Observations
Solène Rowan
10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility
Venkatesan Niranjan
11. Contributory Negligence and Strict Contractual Obligations Revisited
Janet O'Sullivan
12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy
Gerard McMeel
13. Illegality: Where Are We Now?
Roger Toulson
Recenzii
...Defences in Contract offers us a critical, groundbreaking analysis of how contract law doctrines can be properly explained through the lens of defences...this book provides thought-provoking insight on a topic that is important but often neglected in the law of contract. More importantly, it fills a long-existing gap in the contract law literature while giving a more complete view of the existing contract law regimes.
The book is an important and inspiring read for anyone interested in contract law. Most of the chapters in this innovative text provide a historical, philosophical and practical guide to the defences in contract law. Eclectic thoughts are offered and the treatment of contentious and challenging issues encourages readers - such as perhaps academic researchers, decision-makers and even perhaps law-makers - to strive for reasonable outcomes.
The book is an important and inspiring read for anyone interested in contract law. Most of the chapters in this innovative text provide a historical, philosophical and practical guide to the defences in contract law. Eclectic thoughts are offered and the treatment of contentious and challenging issues encourages readers - such as perhaps academic researchers, decision-makers and even perhaps law-makers - to strive for reasonable outcomes.