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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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Exploring Contract Law

Edited by: Richard Bronaugh, Jason Neyers, Stephen Pitel

ISBN13: 9781841139067
Published: May 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00

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In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages.

The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising.

Contract Law
1. The Limits of Contract
2. Border Control: Some Comparative Remarks on the Cartography of Obligations
3. Principle in Contract Law: the Doctrine of Consideration
4. Contractual Interpretation at Common Law and Civil Law: An Exercise in Comparative Legal Rhetoric
5. Consideration and the Morality of Promising
6. Justifying Damages
7. Damages and the Right to Performance: A Golden Victory or Not?
8. Estoppels and Rights-Creating Events: Beyond Wrongs and Promises
9. Lumley v Gye and the (Over?) Protection of Contracts
10. Contracting Out of Liability for Deceit, Inadvertent Misrepresentation and Negligent Misstatement
11. Assignments, Trusts, Property and Obligations
12. The Nature of Equitable Assignment and Anti-Assignment Clauses
13. Coming to Terms with The Great Peace in Common Mistake
14. Contractual Mistake, Intention in Formation and Vitiation: the Oxymoron of Smith v Hughes
15. From Morgan to Etridge: Tracing the (Dis)Integration of Undue Influence in the United Kingdom