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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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The Impact of the UK Human Rights Act on Private Law

ISBN13: 9781107009325
Published: October 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £82.00

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Human Rights and Civil Liberties
1. Introduction David Hoffman, Gavin Phillipson and Alison Young
2. Mapping horizontal effect Alison Young
3. Public authorities Alex Williams
4. Statute law Jan van Zyl Smit
5. Precedent Alison Young
6. Tort design Rod Bagshaw
7. Privacy Gavin Phillipson
8. Nuisance Donal Nolan
9. Defamation Ken Oliphant
10. Discrimination Hazel Oliver
11. Damages Jason Varuhas
12. Property and housing Amy Goymour
13. Commercial law Frank Rose
14. Restitution David Hoffman
15. Insolvency Chris MacNall
16. Employment Hazel Oliver
17. Civil procedure John Sorabji
18. Conclusion David Hoffman.