基本説明
Analyses developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages.
Full Description
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
