Mistakes in Contract Law

Mistakes in Contract Law

Author: Catharine MacMillan

Publisher: Bloomsbury Publishing

Published: 2010-01-15

Total Pages: 348

ISBN-13: 1847315534

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It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.


Vitiation of Contracts

Vitiation of Contracts

Author: Gareth Spark

Publisher: Cambridge University Press

Published: 2013-01-03

Total Pages: 355

ISBN-13: 1139620452

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Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.


Misrepresentation, Mistake and Non-disclosure

Misrepresentation, Mistake and Non-disclosure

Author: John Cartwright

Publisher: Sweet & Maxwell

Published: 2012

Total Pages: 987

ISBN-13: 0414049551

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This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.


Effects of Mistake and Other Defects on the Passage of Legal Title

Effects of Mistake and Other Defects on the Passage of Legal Title

Author: Samuel Zogg

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781780688312

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This book analyses the mechanics of how legal ownership in tangible movable property passes from one person to another and the respective impacts of defects, such as mistake. It adopts a new approach, basically arguing that the conveyance of title is distinct and independent from the underlying contract.


Card & James' Business Law for Business, Accounting, & Finance Students

Card & James' Business Law for Business, Accounting, & Finance Students

Author: Lee Roach

Publisher: Oxford University Press, USA

Published: 2012-04-19

Total Pages: 939

ISBN-13: 0199698058

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With faultless accuracy, this text is the most detailed and analytical account of law for those new to the subject. It provides commanding analysis of the English legal system, contract law, the law of torts, company law, and employment law, as well as covering relevant aspects of the law of agency and environmental law. Online chapters provide further discussion relating to the economic torts, corporate governance, the sale of goods, consumer credit, and the law relating to unfair and illegal commercial practices. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features have been incorporated throughout, making this difficult subject more accessible. Key case, examples, and discussion boxes demonstrate the application of law and highlight core principles, while self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and updates to the law via Twitter. This new edition also includes a testbank of MCQs for lecturer use.


Equity and Law

Equity and Law

Author: John C. P. Goldberg

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 483

ISBN-13: 1108421318

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The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.


Contract Law Minimalism

Contract Law Minimalism

Author: Jonathan Morgan

Publisher: Cambridge University Press

Published: 2013-11-07

Total Pages: 314

ISBN-13: 110747020X

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Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.


Dynamic Business Law

Dynamic Business Law

Author: Nancy K. Kubasek

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781260247893

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Designed for business majors taking a two-semester Business Law course, Kubasek, Dynamic Business Law, 5th edition, incorporates an ethical decision making framework, an emphasis on critical thinking, and a focus on business relevance. Updated coverage on privacy, cyber law, and immigration law provide a framework to help students think critically about these evolving topic areas.