Privity of Contract The Impact of the Contracts Right of Third Parties Act 1999

Author: Robert Merkin
Publisher: Taylor & Francis
ISBN: 1317912373
Format: PDF, ePub
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Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.

Third Party Rights A Comparison of English and German Law with Respect to the UNIDROIT Principles on International Commercial Contracts

Author: Karsten Keilhack
Publisher: GRIN Verlag
ISBN: 3638261263
Format: PDF
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Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 75% (=With Distinction), Cardiff University (Großbritannien; Law School), course: Comparative Contract Law, language: English, abstract: The question as to whether a third party can be granted rights or protection based on a contract between two other parties to which the third party is a mere stranger is as old as the legal scholarship of contract law itself. Over centuries, quite different approaches to the issue have been evolved and embedded in different legal systems, each with its own characteristics and features. This essay intents primarily to analyse and compare the approaches of English1 and German Law to third party rights arising from bilateral contracts, particularly with regard to contracts for the benefit of a third party and the new Contracts (Rights of Third Parties) Act 1999. However, despite this main focus, some other features related to third party involvement in mutual contracts will be considered too. In the first and the second part of this essay I will describe the modus operandi of English and German law with regard to third party rights and highlight differences and similarities. The third part of this paper concerns the approach of that what is sometimes called an international restatement of contract law, namely the UNIDROIT Principles of International Commercial Contracts,2 to the rights of third parties. A comparison of the English and German system with the restatement will illustrate to what extent elements of these two national legal systems have been implemented and considered in an international project of unification of law.

Law for Non Law Students

Author: Keith Owens
Publisher: Routledge
ISBN: 1135338671
Format: PDF, ePub
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Law for Non-Law Students is written in a clear and readable style and aims to make the law understandable for readers at undergraduate or comparable level. It explains the practical influences under which the law has been formed,so that the student will be better able to understand why the law has developed in the way that it has. It gives lots of straightforward examples as to how the law works in practice and aims to equip students with the ability to appraise the effectiveness of the law in a particular circumstance rather than simply providing a list of rules for the student to regurgitate at exam time. The facts of the more important cases are given in some detail to enable the student to appreciate the range of factors which the court may have taken into account in reaching its decision. The new edition has been updated to take account of all recent developments, both in relation to statute and to case law. Certain chapters, particularly in the area of sale of goods, have been substantially rewritten and expanded in an attempt to give more detail, while at the same time remaining student-friendly. New chapters on Agency and Negligence have been added. brThis new edition should be suitable for most courses which have a law element.

Contract Law in Perspective

Author: Linda Mulcahy
Publisher: Routledge
ISBN: 1134066740
Format: PDF, ePub
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Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.

The Modern Law of Contract

Author: Richard Stone
Publisher: Routledge
ISBN: 1315386844
Format: PDF
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The Modern Law of Contract is a clear and logical textbook, written by an experienced author team with well over 50 years’ teaching and examining experience. Fully updated to address the Consumer Rights Act 2015 and recent key cases in Contract Law, it offers a carefully tailored overview of all key topics for LLB and GDL courses. The book also includes a number of learning features designed to enhance comprehension and aid exam preparation, allowing the reader to: ■ understand and remember core topics: boxed chapter summaries offer a useful checklist for students, while illustrative diagrams help to clarify difficult concepts; ■ identify important cases and assess their relevance: ‘Key case’ features highlight and contextualise the most significant cases; ■ reflect on how contract law operates in context: highlighted ‘For thought’ features ask students to consider ‘what if’ scenarios, while ‘in focus’ features offer critical commentary on the law; ■ consolidate learning and prepare for assessment: further reading lists and comparison website directions at the end of each chapter direct you to additional interactive resources to test and reinforce your knowledge. Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.

Civil Jurisdiction and Judgments

Author: Adrian Briggs
Publisher: CRC Press
ISBN: 1317566564
Format: PDF, ePub, Mobi
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Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.

International Commercial Sales The Sale of Goods on Shipment Terms

Author: Andrea Lista
Publisher: Taylor & Francis
ISBN: 1317662385
Format: PDF, ePub, Mobi
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This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.

Deceit The Lie of the Law

Author: Peter Macdonald Eggers
Publisher: CRC Press
ISBN: 131791273X
Format: PDF, ePub
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Deceit: The Lie of the Law will provide a complete and detailed account of the law of deceit as developed over the past two centuries. This new book by Peter MacDonald Eggers examines the commercial, contractual and civil relationships in which claims in deceit have been made.

Understanding Contract Law

Author: Max Young
Publisher: Routledge
ISBN: 1135194823
Format: PDF, Docs
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Understanding Contract Law offers a clear introduction to the basic concepts of contract law in England. Built around familiar real-world examples that illustrate the concepts, principles and key cases upon which English contract law is structured, Understanding Contract Law is an ideal guide for those approaching an undergraduate law degree, or for general readers interested in this fundamental area of the law. This concise, student-friendly overview, supported by chapter introductions and summaries throughout, covers the fundamental topics in English contract law, including: Agreement and Offer Acceptance Certainty Consideration Privity Misrepresentation.