Contract in Commercial Law

Contract in Commercial Law

Book

$247.01 RRP

Date: 14/12/2016

Code: 9780455237688

Lawbook Co., AUSTRALIA

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Description

 

Contract in Commercial Law is a collection of essays based on the papers presented at the Contracts in Commercial Law Conference 2015. This work brings together the views of leading commentators in the area – Judges, Academics and Legal Practitioners- in this key area of the law.

This publication is the fourth title in the prestigious “Commercial Law Library” series,  accompanying  Equity in Commercial Law, Unjust Enrichment in Commercial Law and Torts in Commercial Law. Together these works comprise an unparalleled collection of essays examining deeper controversies and issues of principle in commercial law.

Contract in Commercial Law guides practitioners through a complex, difficult and controversial area of the law, offering a unique resource illuminating the many particular and difficult issues of contract law.

 

 

EDITORS

Professor Simone Degeling, UNSW Law; Co Director Private Law and Policy Group, UNSW Law; Editor, Journal of Equity.

The Honourable Justice James Edelman, a Judge of the High Court of AustraliaA

ssociate Professor James Goudkamp, Fellow and Tutor in Law, Keble College, Oxford; Associate Professor, Oxford Law Faculty; Academic Fellow, Inner Temple; Senior Honorary Research Fellow, Faculty of Law, University of Western Australia; Honorary Principal Fellow, School of Law, University of Wollongong; barrister, 7 King’s Bench Walk

 

 

 

          CONTRIBUTORS AND CONTENTS INCLUDE:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

 

 

Contributor

Chapter

The Honourable Chief Justice Allsop AO

Characterisation of contractual terms and commercial relationships

The Honourable Chief Justice Tom Bathurst AC

General law principles impacting on contractual rights

Dr Andrew Bell SC

Excluding exclusion clauses: judicial and statutory techniques, freedom of contract and public policy

Professor Andrew Burrows QC (Hon) FBA DCL

Illegality as a defence in contract

Professor Mindy Chen-Wishart

Why bother with the consideration doctrine?

Professor Hugh Collins FBA

Is a relational contract a legal concept?

Professor Joshua Getzler

Contract formation and different conceptions of evidence

The Right Honourable the Lord Hope KT PC

Specific implement and specific performance – are they really much the same?

The Honourable Justice Susan Kiefel AC

Consideration in contract – some historical and comparative perspectiveS

Professor Ben McFarlane

Equitable estoppel as a cause of action: neither one thing nor another

Professor  David McLauchlan

The many versions of rectification for common mistake

Professor Elisabeth Peden

Evidence of “genuineness”? Available evidence on the question of penalties

Professor David Percy QC

The emergence of good faith as a principle of contract performance

The Honourable Justice Andrew Phang and Goh Yihan

Encounters with history, theory and doctrine – some reflections on discharge by breach of contract

Professor Andrew Robertson

The foundations of implied terms: logic, efficacy and purpose

Professor Robert Stevens

In praise and defence of the traditional rules for the interpretation of contracts

Professor Andrew Tettenborn

Of debts, damages and errant trustees

 

Contract in Commercial Law is a collection of essays based on the papers presented at the Contracts in Commercial Law Conference 2015. This work brings together the views of leading commentators in the area – Judges, Academics and Legal Practitioners- in this key area of the law.

This publication is the fourth title in the prestigious “Commercial Law Library” series,  accompanying  Equity in Commercial Law, Unjust Enrichment in Commercial Law and Torts in Commercial Law. Together these works comprise an unparalleled collection of essays examining deeper controversies and issues of principle in commercial law.

Contract in Commercial Law guides practitioners through a complex, difficult and controversial area of the law, offering a unique resource illuminating the many particular and difficult issues of contract law.

 

 

EDITORS

Professor Simone Degeling, UNSW Law; Co Director Private Law and Policy Group, UNSW Law; Editor, Journal of Equity.

The Honourable Justice James Edelman, a Judge of the High Court of AustraliaA

ssociate Professor James Goudkamp, Fellow and Tutor in Law, Keble College, Oxford; Associate Professor, Oxford Law Faculty; Academic Fellow, Inner Temple; Senior Honorary Research Fellow, Faculty of Law, University of Western Australia; Honorary Principal Fellow, School of Law, University of Wollongong; barrister, 7 King’s Bench Walk

 

 

 

          CONTRIBUTORS AND CONTENTS INCLUDE:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

 

 

Contributor

Chapter

The Honourable Chief Justice Allsop AO

Characterisation of contractual terms and commercial relationships

The Honourable Chief Justice Tom Bathurst AC

General law principles impacting on contractual rights

Dr Andrew Bell SC

Excluding exclusion clauses: judicial and statutory techniques, freedom of contract and public policy

Professor Andrew Burrows QC (Hon) FBA DCL

Illegality as a defence in contract

Professor Mindy Chen-Wishart

Why bother with the consideration doctrine?

Professor Hugh Collins FBA

Is a relational contract a legal concept?

Professor Joshua Getzler

Contract formation and different conceptions of evidence

The Right Honourable the Lord Hope KT PC

Specific implement and specific performance – are they really much the same?

The Honourable Justice Susan Kiefel AC

Consideration in contract – some historical and comparative perspectiveS

Professor Ben McFarlane

Equitable estoppel as a cause of action: neither one thing nor another

Professor  David McLauchlan

The many versions of rectification for common mistake

Professor Elisabeth Peden

Evidence of “genuineness”? Available evidence on the question of penalties

Professor David Percy QC

The emergence of good faith as a principle of contract performance

The Honourable Justice Andrew Phang and Goh Yihan

Encounters with history, theory and doctrine – some reflections on discharge by breach of contract

Professor Andrew Robertson

The foundations of implied terms: logic, efficacy and purpose

Professor Robert Stevens

In praise and defence of the traditional rules for the interpretation of contracts

Professor Andrew Tettenborn

Of debts, damages and errant trustees

 

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