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Contract Governance: Dimensions in Law and Interdisciplinary Research
by Stefan Grundmann, Florian Möslein and Karl RiesenhuberThis book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
Contract Governance: Dimensions in Law and Interdisciplinary Research
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
Contract in Context
by Richard Austen-Baker Qi ZhouContract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.
Contract in Context
by Richard Austen-Baker Qi ZhouContract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.
Contract, Labour Law and the Realities of Working Life
by Eugene Schofield-GeorgesonThis book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers.The past few decades have witnessed something of a ‘silent revolution’ in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship.Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies.
Contract, Labour Law and the Realities of Working Life
by Eugene Schofield-GeorgesonThis book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers.The past few decades have witnessed something of a ‘silent revolution’ in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship.Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies.
Contract Law
by TT ArvindStudents often find the complex and commercial nature of contract law a real challenge. Contract Law tackles this head-on with problem scenarios and illustrations that reinforce learning and bring the law to life. It equips students with comprehensive knowledge of contract law and gives them the opportunity to engage with the content at a much deeper level. The clear structure and guiding narrative, married with rigorous academic analysis and examination of the law, provides unrivalled support to enable students to confidently navigate the complexities of contract law. Contract Law empowers students to understand, analyse, and critique the law, and to develop their ability to participate in academic debate with confidence and skill. Digital formats and resources: The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - On the accompanying online resources students can find additional support for their studies, including podcasts and videos
Contract Law
by TT ArvindStudents often find the complex and commercial nature of contract law a real challenge. Contract Law tackles this head-on with problem scenarios and illustrations that reinforce learning and bring the law to life. It equips students with comprehensive knowledge of contract law and gives them the opportunity to engage with the content at a much deeper level. The clear structure and guiding narrative, married with rigorous academic analysis and examination of the law, provides unrivalled support to enable students to confidently navigate the complexities of contract law. Contract Law empowers students to understand, analyse, and critique the law, and to develop their ability to participate in academic debate with confidence and skill. Digital formats and resources: The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - On the accompanying online resources students can find additional support for their studies, including podcasts and videos
Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer
by John CartwrightThis book gives an introduction to the English law of contract. In this new and fully updated edition the book retains the primary focus of the first edition: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer-whether student or practitioner-from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, setting English contract law generally in the context of other European and international approaches, the book forms an introductory text for the English student, who can see not only how English contract law works but also get a glimpse of different ways of thinking about some of the fundamental rules of contract law. After a general introduction to the common law system-how a common lawyer reasons and finds the law-the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer (Studies Of The Oxford Institute Of European And Comparative Law Ser. #25)
by John CartwrightThis book gives an introduction to the English law of contract. The third edition has been fully updated to cover recent developments in case law and recent statutes such as the Consumer Rights Act 2015. However, this new edition retains the primary focus of the earlier editions: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system - how a common lawyer reasons and finds the law - the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer (Studies Of The Oxford Institute Of European And Comparative Law Ser.)
by John CartwrightThe fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract.The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective.After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer
by John CartwrightThe fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract.The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective.After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
Contract Law
by Mary CharmanThis textbook covers the Contract Law option of the new A-level law syllabus, and provides at the same time an ideal introduction for anybody coming to the subject for the first time.The book covers all A-level syllabuses/specification requirements, and is written by the principal examiner in Contract Law for one of the major examination boards. It contains extensive case illustration, and a range of examination related questions and activities. There is a special focus on key skills, and on the new synoptic assessment syllabus requirements.This fully updated fourth edition builds upon the success of the first three editions, with new case law (especially on offer and acceptance, legal intent, terms, exemption clauses and misrepresentation remedies) and coverage of new statute law (especially Unfair Terms in Consumer Contracts Regulations).
Contract Law
by Mary CharmanThis textbook covers the Contract Law option of the new A-level law syllabus, and provides at the same time an ideal introduction for anybody coming to the subject for the first time.The book covers all A-level syllabuses/specification requirements, and is written by the principal examiner in Contract Law for one of the major examination boards. It contains extensive case illustration, and a range of examination related questions and activities. There is a special focus on key skills, and on the new synoptic assessment syllabus requirements.This fully updated fourth edition builds upon the success of the first three editions, with new case law (especially on offer and acceptance, legal intent, terms, exemption clauses and misrepresentation remedies) and coverage of new statute law (especially Unfair Terms in Consumer Contracts Regulations).
Contract Law (Studies In The Contract Laws Of Asia Ser.)
by Mindy Chen-WishartWritten by a leading contract lawyer with extensive teaching experience, Contract Law takes a unique approach to a complex subject. Chen-Wishart combines academic rigour with an innovative visual approach, presenting the law with diagrams, flowcharts and tables to provide students with a stimulating account of key principles and an engaging analysis of the complexities of contract law. Thought-provoking analytical features, such as the 'Pause for reflection' and 'Counterpoint' boxes, encourage active and critical engagement with the topics. Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include: animated diagrams; chapters in essence; guidance on answering the questions in the book; bi-annual updates on the latest key developments in contract law; and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
Contract Law (Spotlights)
by Tracey Cooper Ewan KirkThis fully updated second edition of Contract Law is engaging and accessible, and aimed at students on core LLB and GDL courses. Combining comprehensive coverage of the curriculum with carefully developed pedagogical tools, the authors help students build their knowledge, gain an enhanced understanding of how the law works and develop their ability to apply this knowledge and understanding in assessment situations. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: move beyond an understanding of the law; refine and develop the key skills of problem-solving, evaluation and critical reasoning; discover sources and suggestions for taking your study further. By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject.
Contract Law (Spotlights)
by Tracey Cooper Ewan KirkThis fully updated second edition of Contract Law is engaging and accessible, and aimed at students on core LLB and GDL courses. Combining comprehensive coverage of the curriculum with carefully developed pedagogical tools, the authors help students build their knowledge, gain an enhanced understanding of how the law works and develop their ability to apply this knowledge and understanding in assessment situations. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: move beyond an understanding of the law; refine and develop the key skills of problem-solving, evaluation and critical reasoning; discover sources and suggestions for taking your study further. By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject.
Contract Law (Longman Law Series)
by R. HalsonFully updated with the latest legal developments, Contract Law is your essential guide to the life of a contract. It covers all stages of the process, from negotiation and formation, through its possible modification to the ending of a contract including a thorough examination of available remedies. Offering a modern, engaging account of all aspects of contract law, this new edition will give you a clear understanding of the legal principles which underpin the contractual process.
Contract Law (Longman Law Series)
by R. HalsonFully updated with the latest legal developments, Contract Law is your essential guide to the life of a contract. It covers all stages of the process, from negotiation and formation, through its possible modification to the ending of a contract including a thorough examination of available remedies. Offering a modern, engaging account of all aspects of contract law, this new edition will give you a clear understanding of the legal principles which underpin the contractual process.
Contract Law (Spotlights)
by Tracey Hough Ewan KirkContract Law is an engaging and accessible new textbook aimed at students on core LLB and GDL courses. Combining comprehensive coverage of the curriculum with carefully developed pedagogical tools, the authors help students learn, gain an enhanced understanding of how the law works, and develop their ability to apply this newfound knowledge and understanding in assessment situations. To be successful in assessments, students must be able to analyse and solve legal problems, while accurately and appropriately applying legal authority. The Spotlights series models these core skills alongside a full and thorough exposition of the substantive law.
Contract Law (Spotlights)
by Tracey Hough Ewan KirkContract Law is an engaging and accessible new textbook aimed at students on core LLB and GDL courses. Combining comprehensive coverage of the curriculum with carefully developed pedagogical tools, the authors help students learn, gain an enhanced understanding of how the law works, and develop their ability to apply this newfound knowledge and understanding in assessment situations. To be successful in assessments, students must be able to analyse and solve legal problems, while accurately and appropriately applying legal authority. The Spotlights series models these core skills alongside a full and thorough exposition of the substantive law.
Contract Law: An Index and Digest of Published Writings
by Adam KramerThis is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach).This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.
Contract Law: An Index and Digest of Published Writings
by Adam KramerThis is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach).This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.
Contract Law
by Paul A McDermott James McDermottContract Law, 2nd edition is the authority on contract law in Ireland and will appeal to both practitioners and students.For students, the law is set out and explained under clear headings and in straightforward language. For practitioners, every major Irish case on contract law is considered. Particular emphasis is placed on practical matters such as the construction of contracts, breach of contract and contractual remedies.Topics covered include offer and acceptance, consideration and estoppel, formal and evidentiary requirements, electronic contracts, express and implied terms, mistake, misrepresentation and duress.Contents includes:Offer and Acceptance; Consideration and Estoppel; Intention to Create Legal Relations; Formal and Evidentiary Requirements; Electronic Contracts; Express Terms; Implied Terms; The Incorporation of Contractual Terms; The Construction of Contractual Terms; The Construction of Exemption Clauses; The Sale of Goods and Consumer Protection; Mistake; Misrepresentation; Duress, Undue Influence and Unconscionable Bargain; Illegality; Restraint of Trade; Contractual Capacity; Privity of Contract and Assignment of Choses in Action; Classification of Terms; The Doctrine of Frustration; Performance and Termination of Contractual Obligations; Damages.Previous edition ISBN: 9781845923648
Contract Law (Macmillan Law Masters)
by Ewan McKendrickThe Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors.This best-selling, classic text provides a clear and straightforward account of the basic rules of contract law, while also introducing current debates about the nature, scope and functions of the law and discussing wider controversies surrounding the basic doctrines. Praised time and again by both lecturers and students, Contract Law is compact yet comprehensive, well-written, well-structured, stimulating and engaging.This new tenth edition has been fully revised and updated to reflect recent changes in the law. It is essential reading for all students taking undergraduate and GDL/CPE courses in contract law.Ewan McKendrick is Registrar and Professor of English Private Law in the University of Oxford, where he is also a Fellow of Lady Margaret Hall. He is the author of a number of key works on contract law and commercial law, and is an editor of Chitty on Contracts. He is also a barrister in practice with a leading set of commercial chambers in London.