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Contract Law in England and Wales

Contract Law in England and Wales
Author: James C. Fisher
Publisher: Kluwer Law International B.V.
Total Pages: 180
Release: 2018-01-24
Genre: Law
ISBN: 904119486X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in England and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in England and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.


A Restatement of the English Law of Contract

A Restatement of the English Law of Contract
Author: Andrew (hon) Burrows FBA
Publisher: Oxford University Press
Total Pages: 309
Release: 2016-04-28
Genre: Law
ISBN: 0191072052

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A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.


A Restatement of the English Law of Contract

A Restatement of the English Law of Contract
Author: Andrew Burrows
Publisher: Oxford University Press
Total Pages: 309
Release: 2016
Genre: Law
ISBN: 0198755554

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A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.


Implied Terms in English Contract Law

Implied Terms in English Contract Law
Author: Richard Austen-Baker
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2023-10-28
Genre:
ISBN: 9781800885172

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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. This Third Edition has been carefully revised and updated to cover recent developments in the law. Key features include: detailed analysis of the leading cases on contractual terms implied at common law, by statute, by custom, trade usage, course of dealing and in fact. a new section on relational contracts following the case of Yam Seng Pte Ltd v. International Trade Corporation Ltd and its subsequent judicial treatment. This new edition will be an invaluable and appealing resource for all legal practitioners, both in practice and in-house, involved in contract drafting and contract negotiations. It also acts as a helpful reference for scholars and students in the field of contract law.


Implied Terms in English Contract Law, Second Edition

Implied Terms in English Contract Law, Second Edition
Author: Richard Austen-Baker
Publisher: Edward Elgar Publishing
Total Pages: 305
Release: 2017-03-31
Genre: Law
ISBN: 1785365282

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This Second Edition is the leading account of contract law in England & Wales in relation to implied terms and has been fully revised and updated to cover recent developments in the law. Key features include analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015 and detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer.


Unlocking Contract Law

Unlocking Contract Law
Author: Andy VI-Ming Kok
Publisher: Routledge
Total Pages: 0
Release: 2024-09-30
Genre: Law
ISBN: 9781032492940

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Contract Law is a core element of every law degree in England and Wales. Now in its 5th edition, Unlocking Contract Law will help you grasp the main concepts of the subject with ease. Containing accessible explanations in a clear and logical structure, the following features support learning, helping you to advance with confidence: - Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; - Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding; - End-of-chapter summaries provide a useful check-list for each topic; - Cases and judgments are highlighted to help you find them and add them to your notes quickly; - Frequent activities and self-test questions and sample essay questions are included so you can put your knowledge into practice and prepare you for assessment; - A brand new 'critiquing the law' feature is designed to foster essential critical thinking skills. The 5th edition has been fully updated throughout to reflect recent developments and changes in the law, including the growing focus on consumer protection within contract law as well as the influence of technology on contracts, including email signatures and online transactions. Unlocking Contract Law is essential reading for all students studying Contract Law for the first time.


The Modern Law of Contract

The Modern Law of Contract
Author: Richard Stone
Publisher: Taylor & Francis
Total Pages: 594
Release: 2024-07-26
Genre: Law
ISBN: 1040090117

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Written by an author team with over sixty years of combined teaching experience, the new edition of The Modern Law of Contract is the complete textbook for students of contract law, providing not only clear and authoritative commentary but also a selection of learning features to enable students to engage actively with the law. The 15th edition has been fully updated to address recent developments in contract law, including the Supreme Court judgments in Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2, Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, Barton v Gwyn-Jones [2023] UKSC 3 and Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] UKSC 40. It offers a carefully tailored overview of all key topics for LLB and GDL courses, and includes a number of learning features designed to enhance comprehension and aid exam preparation, including: boxed chapter summaries that offer a useful checklist for students, and illustrative diagrams to clarify difficult concepts ‘Key cases’ that highlight and contextualise the most significant cases ‘For thought’ features that ask ‘what if’ scenarios ‘In focus’ features that provide critical commentary on the law Also including further reading at the end of each chapter and digital learning resources, The Modern Law of Contract enables undergraduate and postgraduate students not only to fully understand the essential details of contract law but also to develop a profound and critical understanding of this fundamental area.


Contract Law Directions

Contract Law Directions
Author: Richard Taylor
Publisher: Oxford University Press
Total Pages: 433
Release: 2021
Genre: Contracts
ISBN: 0198870590

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A considered balance of depth, detail, context, and critique, Contract Law Directions offers the most student-friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence.


Mistake and Non-Disclosure of Fact

Mistake and Non-Disclosure of Fact
Author: Hugh Beale QC FBA
Publisher: OUP Oxford
Total Pages: 176
Release: 2012-08-23
Genre: Law
ISBN: 019164191X

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In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.