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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction


ISBN13: 9781782257219
Published: August 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



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This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law.

Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources.

It is argued that this jurisdiction is a striking example of comparative law in action, given that the contract law is made up of a blend of common law and civil law approaches, with the law premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but which is nonetheless highly influenced by the common law in areas such as remedies (damages, termination etc).

The book analyses a series of key issues from a comparative and European perspective, including principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), structure and approach of pre-contractual liability, role of good faith in a mixed system, the architecture of remedies and more.

Subjects:
Contract Law, European Jurisdictions, Channel Islands
Contents:
1. Introduction
2. A Mid-Channel Jurisdiction-Jersey as a Mixed Legal System
3. Basic Principles of Contract Law from a Comparative Perspective
4. The Formation of a Contract
5. Undermining a Contract: Vices de Consentement
6. Effects of Contracts
7. Comparing Remedies
8. Comparative Law Lessons and Reform Issues

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published November 2018
Hart Publishing
£80.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published October 2018
Hart Publishing
£60.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published October 2018
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Defences in Unjust Enrichment ISBN 9781509921102
To be published April 2018
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£39.99
The Duty of Care in Negligence ISBN 9781509914845
To be published February 2018
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£55.00
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Money Awards in Contract Law ISBN 9781509917051
Published September 2017
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£27.99
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
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Rationalising Constructive Trusts ISBN 9781849465960
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£90.00
Causation in Negligence ISBN 9781509905034
Published August 2017
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£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
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£29.99
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published May 2017
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£70.82 + £14.17 VAT
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Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
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£85.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
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£80.00
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published April 2017
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£66.66 + £13.33 VAT
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
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£75.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
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£62.49 + £12.50 VAT
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Negligence and Illegality (eBook) ISBN 9781509906673
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£49.99 + £10.00 VAT
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Negligence and Illegality ISBN 9781509906666
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Private Law in the 21st Century (eBook) ISBN 9781509908592
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Private Law in the 21st Century ISBN 9781509908585
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Private Law and Power ISBN 9781509905997
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£75.00
Private Law and Power (eBook) ISBN 9781509906000
Published January 2017
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
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A Theory of Tort Liability ISBN 9781509903184
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A Theory of Tort Liability (eBook) ISBN 9781509903191
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Tort Law Defences ISBN 9781509905027
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Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
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£55.00
Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
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Defences in Unjust Enrichment (eBook) ISBN 9781782256359
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Contractual Indemnities ISBN 9781509905010
Published December 2015
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Money Awards in Contract Law (eBook) ISBN 9781782252962
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Money Awards in Contract Law ISBN 9781849464574
Published June 2015
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£55.00
Accessory Liability ISBN 9781849462877
Published January 2015
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£65.00
Accessory Liability (eBook) ISBN 9781849469579
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£24.99 + £5.00 VAT
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Causation in Negligence (eBook) ISBN 9781782255215
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£20.82 + £4.17 VAT
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Causation in Negligence ISBN 9781849463317
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£60.00
Contractual Indemnities ISBN 9781849462907
Published April 2014
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£90.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
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£32.49 + £6.50 VAT
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The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
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£41.66 + £8.33 VAT
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The Europeanisation of English Tort Law ISBN 9781849463195
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£50.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
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Law of Private Nuisance ISBN 9781849465069
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£40.00
Iniuria and the Common Law ISBN 9781849465038
Published August 2013
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Iniuria and the Common Law (eBook) ISBN 9781782253389
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Tort Law Defences ISBN 9781849462914
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Tort Law Defences (eBook) ISBN 9781782251897
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£24.99 + £5.00 VAT
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
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£65.00
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£62.49 + £12.50 VAT
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Restitution of Overpaid Tax ISBN 9781849461733
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
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£99.99 + £20.00 VAT
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Informal Carers and Private Law ISBN 9781849462815
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£75.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
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£62.49 + £12.50 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
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£85.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
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£58.33 + £11.66 VAT
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
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Fault Lines in Equity ISBN 9781849462198
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