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Vol 21 No 11 Nov/Dec 2016

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Commercial Law and Commercial Practice

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ISBN13: 9781841134383
ISBN: 1841134384
Published: December 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00



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This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners.

Essayists were initially given no more guidance on subject-matter than a bald request to reflect on specific areas where commercial law fails to match commercial expectations, and areas where it succeeds, and then to provide a provocative analysis of the reasons for this. Notwithstanding the open-ended invitation, certain themes are clearly evident in the end product. The contents page of the book is testament to the breadth and depth of the issues addressed. There are 24 essays in all, 11 with commentaries. Essays by academics receive comment by practitioners, and vice versa. Senior members of the judiciary also participated, providing both essays and commentary.;Most of the essays were first presented at a two-day seminar held at the LSE, funded by the Society of Legal Scholars, the Modern Law Review, and the LSE Law Department. The end product should prove of interest to all concerned with the study and practice of commercial law, and its continuing evolution.

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Subjects:
Commercial Law
Contents:
INTRODUCTION
1. Aligning Commercial Law and Commercial Practice Sarah Worthington

PART 1: GENERAL PRESSURES FOR CHANGE
2. Globalization: Its Historical Context Ross Cranston,QC Commentary: Catherine Newman, QC
3. Commercial Notions and Equitable Potions Sir John Mummery Commentary: Philip Wood
4. Statutory Ingredients in Common Law Change: Issues in the Development of Agency Doctrine Deborah DeMott
5. Property, Private Government and the Myth of Deregulation Paddy Ireland Commentary: Andrew Whittaker

PART 2: CONTRACT TERMS AND THEIR INTERPRETATION
6. The Intractable Problem of the Interpretation of Legal Texts Lord Johan Steyn
7. The Interpretation of Contracts: Lord Hoffmann's Re-Statement Ewan McKendrick 8. The Uses of Ambiguity in Commercial Contracts: On Facilitating Re-Bargaining William T Allen and Galya Levy Commentary: Paul Lomas
9. Objectivity and Committed Contextualism in Interpretation Hugh Collins

PART 3: ADAPTING COMMERCIAL LAW TO MODERN CONDITIONS
10. Documents and Contractual Congruence in International Trade Michael Bridge Commentary: William Blair, QC
11. The Dematerialisation of Money Market Instruments Joanna Benjamin Commentary: Guy Morton
12. Material Adverse Change Clauses After 9/11 Richard Hooley
13. Rethinking Insurable Interest John Lowry and Philip Rawlings Commentary: Sir Jonathan Mance and Adrian Hamilton, QC
14. The Challenge of Modern Bankruptcy Policy: The Judicial Response David Milman

PART 4: COMMERCIAL TERMS FOR COMMERCIAL ENDS
15. Damages for Breach of Exclusive Jurisdiction Clauses Nik Yeo and Daniel Tan
16. Interpreting Employment Contracts: Judges, Employers, Workers Simon Deakin
17. Superpriority for Asset Acquisition Financing in Secured Transactions Law: Formalism or Functionalism? Catherine Walsh
18. The Floating Charge - An Elegy Riz Mokal

PART 5: CONTROLLING MODERN MANAGEMENT
19. Contractual Modification of the Duties of a Trustee Michael Bryan
20. Relieving Directors' Breaches of Duty Rod Edmunds and John Lowry
21. Enron and the Long Shadow of Stat.
13. Eliz. Douglas Baird Commentary: Kevin Davis

PART 6: MOVING FORWARD: LAW AND PRACTICE
22. Commercial Law and the Limits of the Black Letter Approach Anthony Duggan Commentary: David Gold
23. The Legal Academy's Contribution to the Development of Commercial Law: An Anglo-Canadian Perspective Jacob Ziegel Commentary: Tony King
24. Contracts, Contract Law and Reasonable Expectations Robert Bradgate