Download or read book The Role of Public Policy and Supervening Illegality in South African Contract Law written by James Malherbe Roos and published by . This book was released on 2019 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unravelling Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2014-07-17 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Download or read book Suid Afrikaanse Hofverslae written by and published by . This book was released on 2002 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book The Law of Contract in South Africa written by Dale Hutchison and published by . This book was released on 2017 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law of Reinsurance and Insurance written by Raymond Cox and published by Taylor & Francis. This book was released on 2020-11-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book dedicated to this subject, Private International Law of Reinsurance and Insurance provides a practical and easy-to-use reference in this complex area of law. This book provides a clear and useful guide to identifying the applicable legal regimes and relevant rules insofar as they concern reinsurance and insurance disputes. It offers authoritative guidance on the Jurisdiction Regulation 44/2001, the Rome Convention on Choice of Law and the 2001 Insurance Directives and regulations, as well as the common law.
Download or read book Restitution Law Review written by and published by . This book was released on 1996 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Problems of Private International Law written by O Kahn-Freund and published by Martinus Nijhoff Publishers. This book was released on 1980-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Download or read book Economic Sanctions in EU Private International Law written by Tamás Szabados and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic sanctions are instruments of foreign policy. However, they can also affect legal relations between private parties – principally in contract. In such cases, the court or arbitration tribunal seized must decide whether to give effect to the economic sanction in question. Private international law functions as a 'filter', transmitting economic sanctions that originate in public law to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and their related foreign policy objectives. A coherent EU foreign policy position – in addition to promoting legal certainty and predictability – would presuppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by Member States' courts and arbitral tribunals, we find a somewhat different picture. This book argues that this can be explained in part by the divergence of private international law approaches in the Member States.
Download or read book Contract Law in South Africa written by Louis F. van Huyssteen and published by Kluwer Law International B.V.. This book was released on 2021-02-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Download or read book The Law of Contracts written by C. G. Weeramantry and published by . This book was released on 1967 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Sale of Goods 5e written by Michael Bridge and published by Oxford University Press. This book was released on 2024-02-08 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this leading authority continues to provide comprehensive analysis of the law and practice of sale of goods under English and international law. It is an indispensable resource for practitioners, scholars, and postgraduate students.
Download or read book The South African Law of International Trade written by J. P. Van Niekerk and published by Saga Legal Publications CC. This book was released on 2006 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Butterworths Consolidated Index and Noter up to the All South African Law Reports 1996 2001 and the South African Law Reports 1947 2001 written by Christa De Beer and published by . This book was released on 2002 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
