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Law Of Contracts And Related Obligations In Scotland
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Book Synopsis The Law of Contract in Scotland by : William W. McBryde
Download or read book The Law of Contract in Scotland written by William W. McBryde and published by . This book was released on 2007 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive work on the Scots law of contract, this text combines clear principles with practical guidance on how to draft clauses. It covers all aspects of the law, including pre-contract negotiations and the formation of a contract.
Book Synopsis The Law of Contracts and Related Obligations in Scotland by : David M. Walker
Download or read book The Law of Contracts and Related Obligations in Scotland written by David M. Walker and published by Butterworths. This book was released on 1995 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This well-established book is invaluable for practitioners. It presents a penetrating analysis of all the legal issues which may arise from promises or agreements, in the order in which those issues should be considered.Previously a T & T Clarke Publication.
Book Synopsis A History of Private Law in Scotland: Volume 2: Obligations by : Kenneth Reid
Download or read book A History of Private Law in Scotland: Volume 2: Obligations written by Kenneth Reid and published by Oxford University Press. This book was released on 2000-12-21 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
Book Synopsis MacQueen and Thomson Contract Law in Scotland by : Hector L MacQueen
Download or read book MacQueen and Thomson Contract Law in Scotland written by Hector L MacQueen and published by Bloomsbury Publishing. This book was released on 2020-08-13 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; - Includes examples of typical contract clauses and treats remedies in detail; - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law; - Is written in a clear, well structured style and uses diagrams to illustrate complex situations. The fifth edition covers key Supreme Court cases including Cavendish Square Holding BV v Tala El Makdessi and ParkingEye Limited v Beavis regarding penalty clauses. It also includes a new chapter on capacity to make a contract ie 'Who can make a Contract?'
Book Synopsis European Contract Law by : Bénédicte Fauvarque-Cosson
Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
Book Synopsis Good Faith in Contract and Property Law by : A. D. M. Forte
Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by Hart Publishing. This book was released on 1999 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a symposium held October 1998 at Aberdeen University.
Book Synopsis McAllister's Scottish Law of Leases by : Lorna Richardson
Download or read book McAllister's Scottish Law of Leases written by Lorna Richardson and published by Bloomsbury Publishing. This book was released on 2021-02-18 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering residential, commercial and agricultural leases the fifth edition provides guidance on a wide range of topics including local authority tenancies, crofts, the Agricultural Holdings Acts and valuations of market rent. The fifth edition: - Takes full account of recent legislative changes including the Private Housing (Tenancies) (Scotland) Act 2016 and the Land and Buildings Transaction Tax (Scotland) Act 2013. - Details relevant new case law and the many changes in residential leases including legislation to abolish sales of public sector housing (the 'Right to Buy' scheme) and the introduction of the new 'private residential tenancy' covering renting rights. - Covers the Scottish Law Commission's review of commercial leases regarding how leases are terminated. - Covers the new Modern Limited Duration Tenancy for agricultural tenants, introduced by the Land Reform (Scotland) Act 2016.
Book Synopsis Scottish Law of Leases by : Angus McAllister
Download or read book Scottish Law of Leases written by Angus McAllister and published by A&C Black. This book was released on 2013-02-26 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scottish Law of Leases is a comprehensive and lucid introduction to the Scots law of landlord and tenant.
Book Synopsis The Construction, Sources, and Implications of Consensualism in Contract by : Kane Abry
Download or read book The Construction, Sources, and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Book Synopsis Review of Contract Law by : Scotland: Scottish Law Commission
Download or read book Review of Contract Law written by Scotland: Scottish Law Commission and published by The Stationery Office. This book was released on 2013-04-25 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report, further to a Discussion Paper on Formation of Contract published in March 2012 (ISBN 9780108882630) undertaken as part of the Eighth Programme of Law Reform, looks at the specific difficulties of "execution in counterpart". The phrase describes the process by which parties to a formal document intended to have effect (e.g. as a contract) may be able to apply their respective signatures to it (execution) to make it binding without having to meet to do so or, indeed, having all to sign the same physical copy of the document. The main recommendations are: a document may be validly executed under Scots law by parties subscribing a counterpart of the document remotely from each other and then each delivering their subscribed counterpart to the other parties; delivery may be to a person nominated for the purpose rather than to the other parties; delivery of a traditional document may be effected by electronic means; a document takes effect either when each and every party has subscribed and delivered its counterpart, or at such later date as parties may agree; where all parties sign their counterpart in self-proving form, the document as a whole is self-proving; if desired, a "registration copy" of a document may be compiled by making up a single version which includes the signing pages from each of the counterparts; the reforms will not affect any document executed before they come into statutory force
Download or read book Obligations written by Martin Hogg and published by Cambridge University Press. This book was released on 2017-02-16 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative examination of core words used by courts, legislators, and academic commentators in describing the nature of obligations law.
Book Synopsis Principle and Policy in Contract Law by : Stephen Waddams
Download or read book Principle and Policy in Contract Law written by Stephen Waddams and published by Cambridge University Press. This book was released on 2011-08-18 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
Book Synopsis Contract as Assumption by : Brian Coote
Download or read book Contract as Assumption written by Brian Coote and published by Bloomsbury Publishing. This book was released on 2010-04-02 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
Book Synopsis Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie by : Frankie McCarthy
Download or read book Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie written by Frankie McCarthy and published by Open Book Publishers. This book was released on 2015-05-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.
Book Synopsis European Contract Law by : Hector MacQueen
Download or read book European Contract Law written by Hector MacQueen and published by Edinburgh University Press. This book was released on 2019-08-05 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.
Book Synopsis Privity of Contract: The Impact of the Contracts (Right of Third Parties) Act 1999 by : Robert Merkin
Download or read book Privity of Contract: The Impact of the Contracts (Right of Third Parties) Act 1999 written by Robert Merkin and published by Taylor & Francis. This book was released on 2013-07-24 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.
Download or read book The Laws of Scotland written by and published by . This book was released on 1990 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt:
