Exploring contract law edited by Jason W. Neyers, Richard Bronaugh and Stephen G.A. Pitel.

Format:

Book

Contributor:

Neyers, Jason W., editor.

Bronaugh, Richard N., editor.

Pitel, Stephen G. A., editor.

University of Western Ontario. Faculty of Law.

Language:

English

Subjects (All):

Contracts--Congresses.

Contracts.

Obligations (Law)--Congresses.

Obligations (Law).

Damages--Congresses.

Damages.

Physical Description:

1 online resource (462 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2009.

Language Note:

English

Summary:

"In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The chapters analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The chapters also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising"--Book jacket

In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

Contents:

1. The Limits of Contract

STEPHEN A SMITH

2. Border Control: Some Comparative Remarks on the Cartography of Obligations

HELGE DEDEK

3. Principle in Contract Law: the Doctrine of Consideration

STEPHEN WADDAMS

4. Contractual Interpretation at Common Law and Civil Law: An Exercise in Comparative Legal Rhetoric

CATHERINE VALCKE

5. Consideration and the Morality of Promising

ANDREW S GOLD

6. Justifying Damages

CHARLIE WEBB

7. Damages and the Right to Performance: A Golden Victory or Not?

ROBERT STEVENS

8. Estoppels and Rights-Creating Events: Beyond Wrongs and Promises

ANDREW ROBERTSON

9. Lumley v Gye and the (Over?) Protection of Contracts

G H L FRIDMAN

10. Contracting Out of Liability for Deceit, Inadvertent Misrepresentation and Negligent Misstatement

MARK P GERGEN

11. Assignments, Trusts, Property and Obligations

ANDREW TETTENBORN

12. The Nature of Equitable Assignment and Anti-Assignment Clauses

C H THAM

13. Coming to Terms with The Great Peace in Common Mistake

KELVIN F K LOW

14. Contractual Mistake, Intention in Formation and Vitiation: the Oxymoron of Smith v Hughes

MINDY CHEN-WISHART

15. From Morgan to Etridge: Tracing the (Dis)Integration of Undue Influence in the United Kingdom

RICK BIGWOOD

Notes:

"The chapters in this volume are the product of a symposium ... held at the University of Western Ontario Faculty of Law in January 2008"--Foreword

Includes bibliographical references and index

ISBN:

9786612388033

9781847317209

1847317200

9781472560445

1472560442

9781282388031

1282388037

9781847315113

1847315119

OCLC:

646885607