Privity of Contract: The Impact of the Contracts (Right of Third Parties) Act 1999 PDF Download

Author: Robert Merkin
Publisher: Taylor & Francis
ISBN: 1317912373
Category : Law
Languages : en
Pages : 867

View

Book Description
Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.

Author: M. P. Furmston
Publisher: Oxford University Press, USA
ISBN: 9780199677993
Category : Law
Languages : en
Pages : 0

View

Book Description
This book, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore). The work opens with a history of development of the privity rule and its place in English up to the enactment of the Contract (Right of third parties) Act 1999. The books considers common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. There is also consideration of the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promise where the loss suffered by reason of a breach of contract has been incurred by a third party. The final chapters consider the position under the Contract (Right of third parties) Act 1999 and look at the international position, considering work undertaken by UNIDROIT. This book fills a gap for a more thorough examination of the law of privity and is written by two well-known and experienced authors on contract law.

Author: Mo Zhang
Publisher: BRILL
ISBN: 9004414789
Category : Law
Languages : en
Pages : 495

View

Book Description
Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.

Author: A. Fashina
Publisher:
ISBN: 9781520657493
Category :
Languages : en
Pages : 31

View

Book Description
This book critically examine the dissatisfaction of the rights of the third parties and the legal lacuna. Privity of contract is a difficult area of the law of contract, however, this book compare, contrast and identified legal lacuna and thus make recommendation. Law student and consumer in general will find this very helpful.

Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595

View

Book Description
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Author: Peter Kincaid
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 392

View

Book Description
Privity is an extensive analysis of the theoretical issues raised by the question of third-party rights in contract. More than just an examination of the practical problems of the Privity rule itself, it questions whether contract is to be seen as a matter of public regulation or private justice.

Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Category : Law
Languages : en
Pages : 314

View

Book Description
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107028086
Category : Law
Languages : en
Pages : 623

View

Book Description
Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

Author: Vernon V. Palmer
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777206
Category : Contracts
Languages : en
Pages : 262

View

Book Description
Palmer's fascinating study analyzes the ingrained tendency to prevent third party beneficiary actions through a historical account of privity of contract. Chapter I discusses the origins and historical questions surrounding the issue of privity. Chapter II covers the triumph of consideration in the formative period, 1500-1680. Chapter III outlines the expansion in the chancery phase, 1680-1800, and Chapter IV deals with the rise of the parties-only principle at law and equity during the 1800s.

Author: Sir William Reynell Anson
Publisher: Oxford University Press, USA
ISBN: 0199593337
Category : Law
Languages : en
Pages : 850

View

Book Description
This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.