Contract Law and the Legislature: Autonomy, Expectations, and the Making of Legal Doctrine, Arvind Tt, Steele Jenny
Автор: Jenks Название: The History of the Doctrine of Consideration in English Law ISBN: 1316626210 ISBN-13(EAN): 9781316626214 Издательство: Cambridge Academ Рейтинг: Цена: 4277.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originally published in 1892, this book was formed from the content of the Yorke Prize Essay for 1891. The text was written by the renowned legal scholar and historian of law, Edward Jenks (1861-1939). It presents a comprehensive history of the doctrine of consideration in English law. Notes are incorporated throughout.
Описание: This volume revisits some of the key debates about the nature and shape of contract law, in the light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which draw almost exclusively on cases in putting forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation which carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion volume to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
Автор: David A. Hoffman, Robert A. Hillman, Robert S. Summers Название: Contract and Related Obligation: Theory, Doctrine, and Practice ISBN: 1647086787 ISBN-13(EAN): 9781647086787 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 48787.00 р. Наличие на складе: Нет в наличии.
Описание: CasebookPlus Hardbound - new, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
Автор: Liang, Jieying (the University Of Hong Kong) Название: Party autonomy in contractual choice of law in china ISBN: 1107169178 ISBN-13(EAN): 9781107169173 Издательство: Cambridge Academ Рейтинг: Цена: 18058.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Liang has made a comprehensive study of the party autonomy principle in China from a practical perspective that includes an analysis of the enforceability of choice of law clauses. Legal practitioners working on commercial contracts between Chinese and foreign enterprises and academics alike will find the book of practical use.
Автор: Yong Qiang Han Название: Policyholder`s Reasonable Expectations ISBN: 1509927891 ISBN-13(EAN): 9781509927890 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar ‘doctrine’ of ‘policyholder’s reasonable expectations’ has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder’s reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder’s reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder’s reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law ‘doctrine’ of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder’s reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.
Описание: This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers).Recent case law includes:· Pitt v Holt (SC) – trustee decisions (2013)· Braganza (SC) – contractual discretions (2015)· Eclairs (SC) – directors powers: proper purposes (2015)· IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017)· British Airways (CA)– pension plan – proper purposes (2018)The book reviews the relevant doctrines of:· Interpretation rules· Proper purposes;· Due consideration of relevant factors· Full perversity (no reasonable decision maker)
Автор: David A. Hoffman, Robert A. Hillman, Robert S. Summers Название: Contract and Related Obligation: Theory, Doctrine, and Practice ISBN: 1684670152 ISBN-13(EAN): 9781684670154 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 45322.00 р. Наличие на складе: Нет в наличии.
Описание: This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
Автор: Yong Qiang Han Название: Policyholder`s Reasonable Expectations ISBN: 1509900764 ISBN-13(EAN): 9781509900763 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar ‘doctrine’ of ‘policyholder’s reasonable expectations’ has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder’s reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder’s reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder’s reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law ‘doctrine’ of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder’s reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background. "This book provides a stimulating and critical review of a doctrine that is far from dead." Professor Malcolm Clarke, Professor Emeritus of Commercial Contract Law, St John’s College, University of Cambridge "A thoroughly researched inquiry that is both broad in scope and nuanced in its analysis of case law and concepts. It not only re-examines and corrects much of the conventional wisdom regarding the reasonable expectations concept but also appreciates the application of the doctrine to the overall insurer-policyholder relationship as well as to coverage disputes...A fresh and interesting exploration that has both perspective and detail. The book makes insightful observations and marshals specific supporting evidence that requires rethinking of traditional views of both insurance law and contract law....Just when you thought everything had been said about the reasonable expectations “doctrine,” Professor Han provides new and important insights that will prove valuable to scholars addressing the topic, judges deciding cases, and lawyers representing both insurers and policyholders." Jeffrey W Stempel, Doris S & Theodore B Lee Professor of Law, William S Boyd School of Law “This sweeping study of the policyholder’s reasonable expectations makes a strong case for placing greater emphasis on this notion in English insurance law. Analyzing the issue from both doctrinal and comparative law perspectives, it is a must-read for anyone in the field.” Professor Kenneth S Abraham, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law "This book provides the most systematic and comprehensive analysis in the literature on the principle that courts should safeguard policyholders’ reasonable expectations of coverage. In the process, it offers a convincing argument that English insurance law should consider policyholders’ reasonable expectations of coverage." Professor Daniel Schwarcz, Julius E. Davis Professor of Law, University of Minnesota "This book provides an analysis of the concept of the policyholder's reasonable expectations and an enquiry into the place this concept holds and should hold in English law on insurance contracts. In doing so the book addresses wider questions, such as the justifications for not making substantial distinctions in law between insurance contracts and contracts in general, the subsumed role of expectations in contract law, and the real significance of good faith in the performance of contracts under English law. It argues that Engl
Автор: Jieying Liang Название: Party Autonomy in Contractual Choice of Law in China ISBN: 110873832X ISBN-13(EAN): 9781108738323 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Liang has made a comprehensive study of the party autonomy principle in China from a practical perspective that includes an analysis of the enforceability of choice of law clauses. Legal practitioners working on commercial contracts between Chinese and foreign enterprises and academics alike will find the book of practical use.
Описание: Advances in human genetics are set to revolutionise the way we think about our health. Within the context of such changing social circumstances, this book identifies novel grievances that might be generated by modern human genetic technologies and considers how the English tort regime might respond to these grievances.
Автор: Nancy S. Kim Название: Consentability: Consent and its Limits ISBN: 1107164915 ISBN-13(EAN): 9781107164918 Издательство: Cambridge Academ Рейтинг: Цена: 13781.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Consentability examines the relationship between consent, autonomy, and contract, what it means to consent, and proposes new models for how society should determine which activities should (or should not be) consentable. This book is intended for a general audience, as well as policymakers, legislators, judges, lawyers, scholars, and students.
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