Download or read book Wilken and Villiers the Law of Waiver Variation and Estoppel written by Sean Wilken and published by Oxford University Press, USA. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Estoppel Variation and Waiver written by Sean Wilkin and published by . This book was released on 1998-04-27 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estoppel, variation and waiver are three overlapping doctrines in commercial law which are invoked to alter or end existing contractual arrangements. Because there has been no systematic classification and analysis of the doctrines and there is no obvious dividing line between them, this a difficult area for practitioners. This book examines all three doctrines and helps attorneys decide when and how to use them effectively.
Download or read book Private Law in Theory and Practice written by Michael Bryan and published by Routledge. This book was released on 2007-03-12 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.
Download or read book Keating on Construction Contracts written by Stephen Furst and published by Sweet & Maxwell. This book was released on 2012 with total page 1553 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
Download or read book Keating on Construction Contracts eBook written by Vivian Ramsey and published by Sweet & Maxwell. This book was released on 2015 with total page 1553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Online current version of Keating on construction contracts. Available through the Westlaw database. University username and password required.
Download or read book written by 李先波著 and published by BEIJING BOOK CO. INC.. This book was released on 2021-11-11 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本书运用历史的、比较的和实证的分析方法，探讨了英美合同法中协议解除、履行解除、受挫解除、违约解除的基本规则、解除的效果以及救济手段，并结合我国实际，对我国合同解除制度的立法完善提出了若干建议。
Download or read book Contract Law written by Neil Andrews and published by Cambridge University Press. This book was released on 2011-05-26 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.
Download or read book The Change of Position Defence written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2009-05-27 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.
Download or read book Equity Trusts written by Alastair Hudson and published by Cavendish Publishing. This book was released on 2014-05-27 with total page 1107 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition considers all of the academic commentary governing the area of equity and trusts - in particular the emerging law of restitution and the raft of new case law over the 1990s. It is suitable both as a sholarly reference and as a resource for students.
Download or read book Twomey on Partnership written by Michael Twomey and published by Bloomsbury Publishing. This book was released on 2019-04-19 with total page 1325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and highly detailed, Twomey on Partnership, 2nd edition, includes practitioner-focused chapters on disputes between partners, litigation by and against partnerships and a commentary on each of the clauses of a typical partnership agreement. Few areas of law are as similar throughout the common law world as partnership law. This important book analyses not only Irish, English and Scottish partnership cases, but also the rich vein of partnership cases to be found in other common law jurisdictions, and explains how these cases impact upon Irish law. This new edition has been updated to take account of key Irish cases over the last 17 years, including McAleenan v AIG, Harris v Quigley and Cronin v Kehoe. In addition, it includes analysis of any foreign (particularly English) cases of particular relevance. A new chapter has been added which deals with the Legal Services Regulation Act 2015 and its provisions on partnerships, including limited liability partnerships. While the key partnership acts (the Partnership Act 1890, the Limited Partnerships Act 1907 and the Investment Limited Partnerships Act 1994) have not changed to any significant degree since publication of the first edition, the Irish Government has approved changes to the Investment Limited Partnerships Act 1994 and this is dealt with in the book. Other analysis of legislation in the book has been been updated to reflect the changes since the first edition, in particular the material relating to Companies Act 2014.
Download or read book Defences in Contract written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.
Download or read book Commercial Law and Commercial Practice written by Sarah Worthington and published by Hart Publishing. This book was released on 2003-12-31 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains essays by legal experts which aim to prompt a critical and constructive reassessment of current commercial law and its practices.
Download or read book International Commercial Sales The Sale of Goods on Shipment Terms written by Andrea Lista and published by Taylor & Francis. This book was released on 2016-11-18 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.
Download or read book Fault Lines in Equity written by James Glister and published by Bloomsbury Publishing. This book was released on 2012-05-18 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.
Download or read book Lender Liability written by James O'Donovan and published by Sweet & Maxwell. This book was released on 2005 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the liability and risk issues that arise at each successive stage of the relationship between lenders and borrowers or guarantors. This work adopts a practical, transaction-based approach, examining the different stages of the relationship in turn and the legal issues that arise along the way. It also gives guidance on breach of loans.
Download or read book Insurance Disputes written by Robert Merkin and published by Taylor & Francis. This book was released on 2020-11-25 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an impressive team of specialist contributors, Insurance Dispute is the authoritative guide to litigation for both the insurer and the insured. Divided into two parts – principles of law and their practical use in individual types of insurance, it aims to identify and resolve questions such as: • How should the claimant handle a dispute? • Is the claim within the cover? • When should an insurer dispute cover? • What steps can an insurer take to deny cover? Updated and revised to include new chapters on marine insurance, the Financial Ombudsman Service and ATE insurance, Insurance Disputes is essential reading for anyone involved in insurance law and litigation.
Download or read book Cheshire Fifoot and Furmston s Law of Contract written by M. P. Furmston and published by Oxford University Press, USA. This book was released on 2007 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cheshire, Fifoot and Furmston's Law of Contract stands as one of the classic textbooks on contract law more than 50 years after the publication of the first edition. Michael Furmston combines an authoritative account of the principles of the law of contract with thought-provoking analysis and insights, and the clarity of the narrative brings understanding of complex contractual issues to a wider readership. Each topic is clearly signposted for ease of navigation, and the text contains numerous references to additional primary and secondary sources to take the reader even further into the subject. The text is invaluable to students reading courses in contract, the law of obligations, and common law. It is also of real use to students of other disciplines needing a clear overview of the law of contract, and is often used as a first point of reference for practitioners. Online Resource Centre Student resources: - Annual updates- Web links
