Companion website: www.oup.com/clp1
This new work contains the most current analysis of the English law of contract. Contract Law in Practice enables easy access to the essence of judgements, and includes clear explanations of the law, especially where the law is unsatisfactory, undecided, or lacks certainty. Written by Neil Andrews--an experienced author--his highly valuable book is essential for all commercial lawyers and anyone interested in this fundamental area of the law. Contract Law in Practice Pack includes a digital version available on PC, Mac, Android devices, iPad, or iPhone to ensure that you have access to the latest research on the law of contract wherever you are.
With precise links to cases and important passages of the leading judgements, the analysis is founded in the words of the judgments themselves, enabling clear interpretation of their impact on the shape of the law and easy access to judicial discussion. The coverage is comprehensive, and emphasis is made upon interpreting and elucidating difficult or undecided topics. Substantial references to further reading throughout enable easy research for the reader.
The author identifies six key principles of contract law: freedom of contract; objectivity; the contractual bond principle; estoppel; good faith and fair dealing; and the compensation principle. These principles support the analytical rigour of Contract Law in Practice and provide the framework in which the author clarifies difficult aspects of the law.
Rezensionen / Stimmen
The distinctive - indeed to me knowledge unique - feature of this book is that it adopts a different and fresh approach which gives full recognition to the nature and texture of the common law. While the author looks for principles that underpin the case law, he does so at a high level - finding six major organising principles. In discussing topics, he highlights and analyses significant cases, with particular emphasis on cases recently decided. His footnotes refer the reader to the latest academic commentary on controversial points. And in forty-nine places where he finds the law uncertain or in an unsatisfactory state, he provides a critical evaluation of the topic. * Lord Leggatt, Foreword * The reader or user of this book is given an authentic sense of the English common law of contract as a work in progress. The author shows us which topics lie at the law's cutting-edge, how the case law on any particular topic has developed or is developing and how it might or should continue to develop. Readers are also reliably directed to the main up-to-date material which will enable them to engage in the process of interpretation or re-interpretation of the relevant case law themselves. * Lord Leggatt, Foreword *
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 251 mm
Breite: 175 mm
Dicke: 48 mm
Gewicht
ISBN-13
978-0-19-284482-8 (9780192844828)
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Schweitzer Klassifikation
Neil Andrews is Professor of Civil Justice and Private Law at Clare College, University of Cambridge, where he has taught since 1983. He is a member of the American Law Institute and his research focuses on contract law, civil procedure, and dispute resolution.
Autor*in
Professor of Civil Justice and Private LawProfessor of Civil Justice and Private Law, University of Cambridge
I: Fundamentals
1: Sources and General Features
2: Principles
II: Formation
3: Agreement
4: Certainty
5: Formality
6: Consideration
7: Intent to Create Legal Relations
III: Capacity and Parties
8: Capacity
9: Third Parties and Co-Parties
10: Assignment and Agency
IV: Vitiation
11: Misrepresentation
12: Mistake
13: Duress
14: Undue Influence
15: Unconscionability
V: Illegality and Public Policy
16: Illegality
VI: Terms and Interpretation
17: Express Terms
18: Implied Terms
19: Good Faith
20: Interpretation of Written Contracts
21: Rectification
22: Exclusion Clauses and Consumer Protection
VII: Descharge and Breach
23: Termination By Notice or Consent
24: Breach
25: Incomplete Performance
26: Force Majeure and Frustration
VIII: Remedies for Default
27: Debt and Other Agreed Sums
28: Damages
29: Specific Performance and Other Equitable Remedies
