contract law an introduction to the english law of contract for the civil lawyer

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Contract Law

Author : John Cartwright
ISBN : 9781509902927
Genre : Law
File Size : 69. 37 MB
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This book gives an introduction to the English law of contract. The third edition has been fully updated to cover recent developments in case law and recent statutes such as the Consumer Rights Act 2015. However, this new edition retains the primary focus of the earlier editions: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system - how a common lawyer reasons and finds the law - the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.

A Restatement Of The English Law Of Contract

Author : Andrew Burrows, QC FBA
ISBN : 9780198755555
Genre :
File Size : 49. 68 MB
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This volume presents a distillation of the current state of the general law of contract into a coherent set of succinct rules. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the law is restated in a clear and authoritative manner, demonstrating how the different elements fit together.

Law Equity

Author :
ISBN : 9789004262201
Genre : Law
File Size : 68. 45 MB
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In Law & Equity, specialists in the field examine the curious dual structure that shaped the law of England and Rome. Why did this dual structure come about and how did it influence historical developments in substantive law?

A Treatise On The Law Of Obligations Or Contracts

Author : Robert Joseph Pothier
ISBN : 9781886363984
Genre : Law
File Size : 20. 96 MB
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Pothier, Robert Joseph. A Treatise on the Law of Obligations, or Contracts. Translated from the French, with an Introduction, Appendix, and Notes, Illustrative of the English Law on the Subject. By William David Evans. London: A. Strahan, 1802. Two volumes. [1], 578, [1]; iv, 715, [1]pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-26397. ISBN 1-886363-98-6. Cloth. $195. * Of this edition Marvin speaks highly of Evans: "His notes are comprehensive and learned, and deserve a careful perusal in connexion with the text, and he is entitled to considerable praise for having furnished Pothier on Obligations to the profession in so good and accurate an English garb." Marvin, Legal Bibliography 578. Holdsworth agrees: "He helped to make English lawyers acquainted with Pothier's work, and, by so doing, did considerable service to the development of the English law of contract..." Holdsworth, A History of English Law XIII:467. Evans [1767-1821] was a scholarly English lawyer. To Pothier's work he added an Appendix on several topics of English law, organized as a treatise on the law of evidence. Pothier's treatise on civil law was "... soon recognized as a major contribution to legal science, translated by Evans and frequently cited in British Courts." Walker, Oxford Companion to Law 973. Reprint of the uncommon Evans translation, the English second edition which followed the American edition of 1802 (translated by F.X. Martin), which is also available as a facsimile reprint published by The Lawbook Exchange, Ltd.

French Law Of Contract

Author : Barry Nicholas
ISBN : STANFORD:36105043782478
Genre : Contracts
File Size : 86. 53 MB
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Indirect Representation In European Contract Law

Author : Danny Busch
ISBN : 9789041123428
Genre : Law
File Size : 28. 34 MB
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Over the last few years increasing attention continues to be paid to the Principles of European Contract Law (otherwise known as the Principles, the Lando Principles or PECL). The drafters of the Principles presented their work in the form of articles accompanied by explanatory notes, averring that the main purpose of the instrument is to serve as a basis for a future European contract law. Can the Lando Principles, as their drafters claim, indeed offer an acceptable basis for a future European contract law? Dr. Busch, both scholar and practitioner, offers a detailed analysis, in response to this question, of the contractual aspects of indirect representation (Arts. 3:301-304 PECL). He evaluates these provisions in the light of Dutch, German, and English law, as well as with reference to the Geneva Convention on Agency in the International Sale of Goods. To introduce this important comparative study and make the background as complete as possible, this book devotes separate chapters to thorough discussions of indirect representation in Dutch law (middellijke vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law (mittelbare Stellvertretung) and in the English doctrine of the undisclosed principal. Lawyers in Europe and elsewhere who must deal with contract law in any connection, will find this thoroughly researched and well-thought-out text to be indispensable. Its value as a scholarly analysis can only grow with the coming years. D. Busch (b. 1974) graduated (cum laude) in Dutch law from the University of Utrecht in 1997. He attained the title of Magister Juris in European and Comparative Law at the University of Oxford (St. John's College) in 1998, and defended his dissertation in 2002 at the University of Utrecht. Until the end of 2001 he was attached as lecturer and researcher to the Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as an attorney-at-law for the law office of De Brauw Blackstone Westbroek in Amsterdam. He has also been an honorary senior lecturer at the Molengraaff Institute since 2004. Principles of European Contract Law 3

Mistakes In Contract Law

Author : Catharine MacMillan
ISBN : 9781847315533
Genre : Law
File Size : 24. 78 MB
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It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.

Contract Law

Author : Adam Kramer
ISBN : STANFORD:36105134492581
Genre : Law
File Size : 44. 17 MB
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This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach).This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.

Laws Of Guernsey

Author : Gordon Dawes
ISBN : 9781847311856
Genre : Law
File Size : 85. 46 MB
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A considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, ArrĂȘts and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index

Legal English Communication Skills

Author : Mia Ingels
ISBN : 9789033461125
Genre :
File Size : 75. 29 MB
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