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peel edwin (curatore); probert rebecca (curatore) - shaping the law of obligations

Shaping the Law of Obligations Essays in Honour of Professor Ewan McKendrick KC

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Dettagli

Genere:Libro
Lingua: Inglese
Pubblicazione: 11/2023





Note Editore

Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.




Sommario

1 - Facility, Circumvention, Economic Duress and the Corporate Veil
2 - Good Faith in English Contract Law: Lessons from Comparative Law?
3 - Rethinking Reliance Damages for Breach of Contract
4 - The Illegality Defence in the Courts Today
5 - Schrödinger's Lawful Act Duress: Dead or Alive?
6 - Contracts and Relationships of Love and Trust
7 - Shades Of Frustration
8 - Repeal the Law Reform (Frustrated Contracts) Act 1943
9 - Contractual Interpretation: Meaning, Intention and Disembodied Spirits
10 - Contractual Interpretation: Antinomies and Boundaries
11 - The Damage in Negotiating Damages
12 - The Critical Reception of Cavendish Square Holdings v Makdessi
13 - Direct and Vicarious Liability of Corporations
14 - Damage to 'Other Property': Exploring the Boundary Between Property Damage and Pure Economic Loss
15 - Procuring Wrongs
16 - Who Can Sue the Obligor when Receivables are Financed?
17 - The 'Tripartite Guide' to Uniform Instruments in the Area of International Commercial Contracts: Background, Status, and Legal Effects
18 - The Sale of Goods Act and the Nature of Sales
19 - Transnational Commercial Law and Impediments to its Development
20 - Mistakes of Law, Again
21 - The External Shield of a Contract - Torts, Equity, Restitution
22 - Unjustified Enrichment in China: An Uncertain Path
23 - Implied Terms and Restitution




Autore

Edwin Peel is Professor of Law at Keble College, Oxford, where he has taught since 1994. He was previously a Lecturer at Leeds University. He is most well known as the author of Treitel: The Law of Contract and has published more widely in the areas of Contract, Torts, Shipping and Private International Law. Rebecca Probert is Professor of Law at the University of Exeter, having previously held posts at the Universities of Aberystwyth, Sussex, and Warwick. She has also served as a specialist advisor to the Law Commission. Her research focuses on the law and history of marriage, bigamy, divorce, and cohabitation.










Altre Informazioni

ISBN:

9780198889762

Condizione: Nuovo
Dimensioni: 255 x 33.0 x 178 mm Ø 994 gr
Formato: Copertina rigida
Pagine Arabe: 464


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