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Author : Gareth Spark
Publisher : Cambridge University Press
Page : 355 pages
File Size : 41,6 Mb
Release : 2013-01-03
Category : Law
ISBN : 9781107031784
Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.
Author : Peter MacDonald Eggers
Publisher : Taylor & Francis
Page : 832 pages
File Size : 48,6 Mb
Release : 2016-09-13
Category : Law
ISBN : 9781317657828
The validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.
Author : John Cartwright
Publisher : Oxford University Press
Page : 252 pages
File Size : 44,6 Mb
Release : 1991
Category : History
ISBN : 0198257503
A detailed consideration of the invalidating factors--duress, undue influence, misrepresentation, and unconscionable bargains--which may be present in a contract, form the core of Unequal Bargaining. Cartwright sets these factors firmly in the context of the formation of the contract, as well as when and how it is constructed. He then identifies the unifying principle of these vitiating factors, based on the responsibility of each party involved at the moment of contracting.
Author : Lee Roach
Publisher : Oxford University Press, USA
Page : 939 pages
File Size : 53,8 Mb
Release : 2012-04-19
Category : Business & Economics
ISBN : 9780199698059
With faultless accuracy, this text is the most detailed and analytical account of law for those new to the subject. It provides commanding analysis of the English legal system, contract law, the law of torts, company law, and employment law, as well as covering relevant aspects of the law of agency and environmental law. Online chapters provide further discussion relating to the economic torts, corporate governance, the sale of goods, consumer credit, and the law relating to unfair and illegal commercial practices. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features have been incorporated throughout, making this difficult subject more accessible. Key case, examples, and discussion boxes demonstrate the application of law and highlight core principles, while self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and updates to the law via Twitter. This new edition also includes a testbank of MCQs for lecturer use.
Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 53,8 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author : Gareth Spark
Publisher : Cambridge University Press
Page : 355 pages
File Size : 49,8 Mb
Release : 2013-01-03
Category : Law
ISBN : 9781139620451
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.
Author : S. Blount
Publisher : Unknown
Page : 128 pages
File Size : 48,7 Mb
Release : 2015-07-28
Category : Contracts
ISBN : 040934074X
In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014
Author : Neil Andrews
Publisher : Springer
Page : 342 pages
File Size : 50,5 Mb
Release : 2016-04-18
Category : Law
ISBN : 9783319271446
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.
Author : Mindy Chen-Wishart
Publisher : Unknown
Page : 3 pages
File Size : 41,6 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:1308848229
The decision of the Court of Appeal in the unconscionable bargain case of Nicols v Jessup [1986] BCL 1573 helps to clarify the approach which New Zealand courts should take on unconscionability cases in light of the Privy Council decision in O'Connor v Hart [1985] 1 NZLR 159.
Author : George Letsas,Prince Saprai
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 40,6 Mb
Release : 2014
Category : Law
ISBN : 9780198713012
The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Author : Graham Virgo,Sarah Worthington
Publisher : Cambridge University Press
Page : 0 pages
File Size : 49,5 Mb
Release : 2018-12-06
Category : Law
ISBN : 1316622142
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.
Author : John Eldridge,Timothy Pilkington
Publisher : Unknown
Page : 128 pages
File Size : 44,6 Mb
Release : 2020-11-30
Category : Electronic
ISBN : 1760022535
Author : Deborah Potts
Publisher : Zed Books Ltd.
Page : 342 pages
File Size : 47,7 Mb
Release : 2020-04-15
Category : Social Science
ISBN : 9781786990570
From Britain’s ‘Generation Rent’ to Hong Kong’s notorious ‘cage homes’, societies around the world are facing a housing crisis of unprecedented proportions. The social consequences have been profound, with a lack of affordable housing resulting in overcrowding, homelessness, broken families and, in many countries, a sharp decline in fertility. In Broken Cities, Deborah Potts offers a provocative new perspective on the global housing crisis arguing that the problem lies mainly with demand rather than supply. Potts shows how market-set rates of pay and incomes for vast numbers of households in the world’s largest cities in the global South and North are simply too low to rent or buy any housing that is legal, planned and decent. As the influence of free market economics has increased, the situation has worsened. Potts argues that the crisis needs radical solutions. With the world becoming increasingly urbanized, this book provides a timely and urgent account of one of the most pressing social challenges of the 21st century. Exploring the effects of the housing crisis across the global North and South, Broken Cities is a warning of the greater crises to come if these issues are not addressed.
Author : Neil Andrews
Publisher : Oxford University Press, USA
Page : 832 pages
File Size : 53,7 Mb
Release : 2021
Category : Law
ISBN : 0192897942
This new work contains the most current analysis of the English law of contract, enables easy access to the essence of judgements, and includes clear explanations of the law, especially in areas where it lacks certainty. Written by Neil Andrews, this highly valuable book is essential for all commercial lawyers and scholars.
Author : David Oser
Publisher : Martinus Nijhoff Publishers
Page : 203 pages
File Size : 54,7 Mb
Release : 2008-09-10
Category : Law
ISBN : 9789004167896
This book offers in-depth analysis of the foundations of, and justifications for, application of the Unidroit Principles of International Commercial Contracts as the governing law to be recognized by arbitral tribunals and domestic courts.
