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2 produkter
2 produkter
1 253 kr
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Challenging orthodox understandings within modern contract law, Discharge of Contractual Obligations provides an innovative doctrinal, historical, and theoretical account of the discharge of contractual obligations. This book delves into a fundamental question: under what circumstances are parties released from their contractual duties for reasons other than performance of those duties? By re-examining cases of breach, frustration, and common mistake — three key doctrines in modern English contract law — this monograph demonstrates how these disparate areas of contract law are in fact instances of the discharge of contractual obligations due to a failure of condition. Championing the once-dominant 'failure of condition' model in English law, a straightforward yet groundbreaking explanation for discharge is proposed: ordinarily, parties do not promise to perform 'no matter what,' but instead make promises that depend on various explicit and implicit conditions.Across ten comprehensive chapters, English explores the theoretical and practical implications of the modern shift to the 'power to terminate' model. Recognising that a wholesale return to the failure of condition model is improbable, the book charts a pragmatic course, illustrating how several practical issues - such as whether a party in breach can terminate due to the other party's breach - are effectively rectified by revitalising this forgotten approach. Written by a leading academic whose contributions to private law have been referenced by courts throughout the Commonwealth - such as the England and Wales High Court (Commercial Court) and the High Court of Australia - this is an essential text for scholars and practitioners of contract law.
1 788 kr
Kommande
Rescission is the principal mechanism by which voluntarily assumed obligations and transactions are unwound. It is important to a range of commercial and non-commercial transactions and is raised regularly before courts at all levels. Despite this prevalence, the law on rescission remains poorly understood and riddled with controversies. Issues in the Law of Rescission brings together leading academics to tackle some of the most challenging and pressing issues facing the law of rescission. Across 11 chapters, it addresses theoretical issues, such as the proper structure of rescission, the justification for powers to rescind, and rescission's relationship to the law of unjust enrichment. The various chapters also offer guidance on specific doctrinal issues, ranging from the grounds of rescission to practical difficulties in establishing the grounds, bars to rescission, rescission in the context of corporate transacting, fiduciary relationships, and gift-giving, and the proprietary consequences of rescission. The chapters carefully set out the existing law, critique difficult decisions, and chart a path forward, offering guidance on how future disputes should be resolved. With fresh and compelling arguments for what the law is and how open questions ought to be resolved, Issues in the Law of Rescission will form an essential part of any commercial lawyer's library.