Produktdetaljer
Biografisk notat
Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also an Associate Academic Fellow in the Honourable Society of the Inner Temple, a Senior Honorary Research Fellow in the Faculty of Law, University of Western Australia, a Professorial Fellow in the School of Law, University of Wollongong and a barrister at 7 Kingâs Bench Walk.
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.
...<i>Defences in Contract</i> offers us a critical, groundbreaking analysis of how contract law doctrines can be properly explained through the lens of defences...this book provides thought-provoking insight on a topic that is important but often neglected in the law of contract. More importantly, it fills a long-existing gap in the contract law literature while giving a more complete view of the existing contract law regimes.
- Gordon Chung, Master of Corporate Law Candidate, University of Cambridge, European Review of Private Law
The book is an important and inspiring read for anyone interested in contract law. Most of the chapters in this innovative text provide a historical, philosophical and practical guide to the defences in contract law. Eclectic thoughts are offered and the treatment of contentious and challenging issues encourages readers - such as perhaps academic researchers, decision-makers and even perhaps law-makers - to strive for reasonable outcomes.
- Navin G Ahuja, European Review of Private Law
1. Thinking in Terms of Contract Defences
Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith
2. What Is a Contractual Defence (and Does It Matter)?
Kit Barker
3. Good Faith Bargaining in the Shadow of a Form
Daniel Markovits
4. Good Faith, Good Conscience, and the Taking of Unfair Advantage
Stephen Waddams
5. Undue Influence and Unconscionability
Hugh Beale
6. Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment?
Mary Arden
7. Not Waiving but Drowning
Robert Stevens
8. Frustration: Automatic Discharge of Both Parties?
Ewan McKendrick
9. Resisting Termination: Some Comparative Observations
Solène Rowan
10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility
Venkatesan Niranjan
11. Contributory Negligence and Strict Contractual Obligations Revisited
Janet OâSullivan
12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy
Gerard McMeel
13. Illegality: Where Are We Now?
Roger Toulson
Systematic treatments of defences in private law as a connected field.
This series addresses tort law, unjust enrichment, contract law and equity, in that order. Its aim is to contribute to this theoretically challenging and practically important, yet understudied, area of the law.
The essays that constitute each of the collection in this series are written by some of the worldâs leading judges and scholars. They bring together insights from several jurisdictions, including civilian jurisdictions. The series is of value to academics and practitioners alike.
Produktdetaljer
Biografisk notat
Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also an Associate Academic Fellow in the Honourable Society of the Inner Temple, a Senior Honorary Research Fellow in the Faculty of Law, University of Western Australia, a Professorial Fellow in the School of Law, University of Wollongong and a barrister at 7 Kingâs Bench Walk.
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.