Commercial law and practice are riddled with examples of the parties formally and informally altering the bargains into which they have entered. The means by which alteration occurs are contained within the doctrines of waiver, variation, and estoppel. This book provides definitions of these notoriously difficult doctrines, together with a detailed analysis of how they apply throughout the commercial law in doctrine and practice. In the second edition the author has revised and rewritten much of the text to take into account recent cases, and new material has been added on issue estoppel, commercial property, and the possibility of an over-arching unifying theory governing the doctrines.
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Höhe: 246 mm
Breite: 171 mm
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ISBN-13
978-0-19-925321-0 (9780199253210)
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Schweitzer Klassifikation
Foreward to the First Edition by Lord Mustill; Preface; Table of Cases and Statutes; Introduction; PART I: THEORY; 1. Variation; 2. Waiver I - Terminology; 3. Waiver II - Types of Waiver and their Elements; 4. Waiver III - Complexities; 5. Election, Affirmation and Acquiescence; 6. Estoppel - The Differing Types; 7. Estoppel by Representation; 8. Estoppel by Convention; 9. Estoppel by Deed; 10. Proprietary Estoppel; 11. Equitable Forbearance; 12. Issue Estoppel, Res Judicata and Abuse of Process; PART II: PRACTICE - THE ALTERATION OF COMMERCIAL OBLIGATIONS; 13. Agency; 14. Banking and Finance; 15. Commercial Property; 16. Construction; 17. Corporate/Commercial; 18. Employment; 19. Insurance; 20. Sale of Goods, Shipping and International Trade; Bibliography; Index
