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Author : Nicholas Alexander Tiverios
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (116 download)
Download or read book Relief Against Contractual Penalties in England and Australia written by Nicholas Alexander Tiverios and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nicholas Tiverios
Publisher :
ISBN 13 : 9781760022143
Total Pages : pages
Book Rating : 4.0/5 (221 download)
Download or read book Contractual Penalties in Australia and the United Kingdom written by Nicholas Tiverios and published by . This book was released on 2019-09-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Stewart
Publisher : Cambridge University Press
ISBN 13 : 1107687489
Total Pages : 601 pages
Book Rating : 4.1/5 (76 download)
Download or read book Contract Law written by Andrew Stewart and published by Cambridge University Press. This book was released on 2019-06-21 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a fresh, topical and accessible account of the Australian law of contract.
Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939172
Total Pages : 448 pages
Book Rating : 4.5/5 (99 download)
Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929479
Total Pages : 504 pages
Book Rating : 4.5/5 (99 download)
Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Author : Simone Degeling
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931961
Total Pages : 466 pages
Book Rating : 4.5/5 (99 download)
Download or read book Justifying Private Rights written by Simone Degeling and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
Author : Robert M. Merkin
Publisher : Oxford University Press
ISBN 13 : 0198869991
Total Pages : 697 pages
Book Rating : 4.1/5 (988 download)
Download or read book Poole's Textbook on Contract Law written by Robert M. Merkin and published by Oxford University Press. This book was released on 2021 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills. Thought-provoking questions are posed throughout to develop an in-depth understanding of the subject through critical engagement.
Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256628
Total Pages : 392 pages
Book Rating : 4.7/5 (822 download)
Download or read book Divergences in Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.
Author : Robert Merkin
Publisher : Oxford University Press, USA
ISBN 13 : 0198816987
Total Pages : 711 pages
Book Rating : 4.1/5 (988 download)
Download or read book Poole's Textbook on Contract Law written by Robert Merkin and published by Oxford University Press, USA. This book was released on 2019-05-23 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: A student classic: clear, comprehensive, contextual. Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for over 20 years. This new edition has been updated with the latest key legal developments by Professor Robert Merkin and Dr Severine Saintier. The law of contract is placed within its commercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law. Key features: - Each chapter begins with a summary of key issues, providing an overview of central themes and points of law, and concludes with suggestions for further reading, guiding students towards the most relevant texts and articles - Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues - Headings, case summaries and case extract boxes allow for easy navigation through the text Online resources: The study of contract law continues via the online resources, keeping you up to date and helping to consolidate your learning. - 300 multiple choice questions with answers and feedback - Self-test questions and answers - Guidance on answering problem questions in contract law - Updates on new legislation, cases, and other legal developments
Author : Graham Virgo
Publisher : Cambridge University Press
ISBN 13 : 1316764559
Total Pages : 625 pages
Book Rating : 4.3/5 (167 download)
Download or read book Commercial Remedies: Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Philip Loots
Publisher : Taylor & Francis
ISBN 13 : 1000566528
Total Pages : 849 pages
Book Rating : 4.0/5 (5 download)
Download or read book Contracts for Infrastructure Projects written by Philip Loots and published by Taylor & Francis. This book was released on 2022-05-18 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties. It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.
Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0191074411
Total Pages : 531 pages
Book Rating : 4.1/5 (91 download)
Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Author : Peter Birks
Publisher : Oxford University Press
ISBN 13 : 9780198262923
Total Pages : 362 pages
Book Rating : 4.2/5 (629 download)
Download or read book Wrongs and Remedies in the Twenty-first Century written by Peter Birks and published by Oxford University Press. This book was released on 1996 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.
Author :
Publisher :
ISBN 13 :
Total Pages : 1100 pages
Book Rating : 4.F/5 ( download)
Download or read book British Ruling Cases from Courts of Great Britain, Canada, Ireland, Australia and Other Divisions of the British Empire, Extensively Annotated written by and published by . This book was released on 1917 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This series of reports is in a sense a continuation, but with a decided expansion, of the plan of the English ruling cases, as it takes the cases from the British empire, instead of from England only, but it continues the English ruling cases in the sense that it will include the most important cases from the English courts decided since that series terminated."--Pref.
Author : Michael Bryan
Publisher : Cambridge University Press
ISBN 13 : 1009075381
Total Pages : 705 pages
Book Rating : 4.0/5 (9 download)
Download or read book A Sourcebook on Equity and Trusts in Australia written by Michael Bryan and published by Cambridge University Press. This book was released on 2022-12-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook. The third edition has been fully updated to discuss recent landmark decisions, including Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 and Smethurst v Commissioner of Police [2020] HCA 14. Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students' understanding of complex cases and issues. Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.
Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0192590790
Total Pages : 689 pages
Book Rating : 4.1/5 (925 download)
Download or read book Contents of Contracts and Unfair Terms written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2020-11-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
Author : Jodi Gardner
Publisher : Bloomsbury Publishing
ISBN 13 : 1509952306
Total Pages : 476 pages
Book Rating : 4.5/5 (99 download)
Download or read book Landmark Cases in Consumer Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However as this collection will demonstrate this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.
