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Author: Dominic O'Sullivan QC Publisher: Oxford University Press, USA ISBN: 9780198852285 Category : Languages : en Pages : 0
Book Description
The Law of Rescission is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. This is the leading work in the field. The revised third edition builds on the established format of the previous edition, fully updating case law and considering how developments, such as the introduction of machine generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. The Law of Recission has has been cited by courts in England and Wales, as well as Australia and Canada. Academics will also find this book of great interest when researching contracts, remedies, or restitution.
Author: Dominic O'Sullivan QC Publisher: Oxford University Press, USA ISBN: 9780198852285 Category : Languages : en Pages : 0
Book Description
The Law of Rescission is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. This is the leading work in the field. The revised third edition builds on the established format of the previous edition, fully updating case law and considering how developments, such as the introduction of machine generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. The Law of Recission has has been cited by courts in England and Wales, as well as Australia and Canada. Academics will also find this book of great interest when researching contracts, remedies, or restitution.
Author: Başak Başoğlu Publisher: Springer ISBN: 331927256X Category : Law Languages : en Pages : 340
Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author: Dominic O'Sullivan Publisher: Oxford University Press on Demand ISBN: 9780199250110 Category : Law Languages : en Pages : 699
Book Description
This new work offers a comprehensive treatment of the law of rescission in England, with reference to the law of Australia, New Zealand and Canada. The authors set out the grounds permitting rescission, such as fraud, misrepresentation, or undue influence, covering the ways that rescission occurs at common law and in equity, in the case of both executory and completed transactions. Consideration is given to the extent to which, and how, the law seeks to restore the status quo. The authors give detailed consideration to the four main bars to rescission: restitutio in integrum impossible; the intervention of third party rights; affirmation; and delay. More specific aspects are covered in an examination of the case law. This book will be an invaluable source for solicitors; barristers and judges.
Author: Jeffrey Bruce Berryman Publisher: Essentials of Canadian Law ISBN: 9781552213308 Category : Law Languages : en Pages : 596
Book Description
This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
Author: Mo Zhang Publisher: BRILL ISBN: 9004414789 Category : Law Languages : en Pages : 495
Book Description
Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) Publisher: ISBN: 9781680923025 Category : Languages : en Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: John Cartwright Publisher: Sweet & Maxwell ISBN: 0414049551 Category : Law Languages : en Pages : 987
Book Description
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Author: Gareth Spark Publisher: Cambridge University Press ISBN: 1139620452 Category : Law Languages : en Pages : 355
Book Description
Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
Author: Dominic O'Sullivan QC
Author: Dominic O'Sullivan QC
Author: Başak Başoğlu
Author: Dominic O'Sullivan
Author: Jeffrey Bruce Berryman
Author: Mo Zhang
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Author: John Cartwright
Author: Gareth Spark
Author: John K. Larkins
Author: Frederick Pollock