Contract law and the legislature : autonomy, expectations, and the making of legal doctrine / edited by TT Arvind and Jenny Steele.

Format:

Book

Conference/Event

Author/Creator:

Arvind, TT, Editor.

Contributor:

Arvind, T. T., editor.

Steele, Jenny, editor.

Conference Name:

Contract Law and the Legislature (Conference) (2019 : University of York)

Language:

English

Subjects (All):

Contracts--England--Congresses.

Contracts.

Physical Description:

1 online resource (x, 472 pages)

Edition:

1

Place of Publication:

Bloomsbury Publishing 2020

Language Note:

In English.

Summary:

"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"-- Provided by publisher.

Contents:

Introduction : Legislation and the Shape of Contract Law /

TT Arvind and Jenny Steele

Preservation, Removal and Freezing of the Common Law by Statute / Andrew Burrows

History, Context and the Problem of Juristic Method: The Chancery Amendment Act 1858 and the Law of Contract /

The Lasting Impact of the Judicature Acts 1873-1875 upon Contract Law / Catharine MacMillan

Contract and the Challenge of Consumer Protection Legislation / Jeannie Paterson and Elise Bant

A Reputation for Boldness : Statutory Reform of Contract Law in New Zealand / Warren Swain

The Consequences of Defying the System of Natural Liberty : The Absurdity of the Misrepresentation Act 1967 /

David Campbell

Two Laws of Contract, or One? / Steve Hedley

Compulsion, Choice and Statutory Intervention in Contract : Implied Terms of Quality in Sale of Goods / Jonathan Morgan

Contract Law Reform by Statute in a Common Law System : The Work of the Law Commissions / Hector MacQueen

The Reform of French Contract Law : The Struggle for Coherency / Solène Rowan

Statutes and the Common Law of Contracts : A Shared Methodology / Juliet P Kostritsky

Insurance and Price Regulation in the Digital Era / James Davey

Understanding the (Re-)regulation of Private Renting in England : Karl Polanyi, the Rogue Landlord, the Responsible Tenant and the Decent Home / Helen Carr and Rowan Alcock

Regulating Commercial Contracts : What can we Learn from Part II of the Housing Grants, Construction and Regeneration Act 1996? / Charlotte Ellis

Contractual Enforceability and Surrogacy Arrangements :

Mapping the Moral Limits / Aisling McMahon

Contract Law and Economic Reform in China / Ding Chen

Relational Regulation : The Role of Contract and the Evolution of Habitat Protection Legislation / Stuart Bell

Remapping Contract Law : Four Perceptions of Markets / TT Arvind and Jenny Steele

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781509926114

1509926119

1-5099-2613-5