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Defences in Contract Hart Studies in Private Law Essays on Defences 3 1st Edition by Andrew Dyson, James Goudkamp, Frederick Wilmot Smith ISBN 1509902155 9781509902156

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Defences in Contract Hart Studies in Private Law Essays on Defences 3 1st Edition Andrew Dyson Digital Instant Download

Author(s): Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith
ISBN(s): 9781509902156, 1509902155
Edition: 1
File Details: PDF, 2.58 MB
Year: 2014
Language: english
SKU: EB-50215658 Category: Tags: , ,

Defences in Contract Hart Studies in Private Law Essays on Defences 3 1st Edition by Andrew Dyson, James Goudkamp, Frederick Wilmot Smith – Ebook PDF Instant Download/Delivery: 1509902155, 9781509902156
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ISBN 10: 1509902155 
ISBN 13: 9781509902156
Author: Andrew Dyson, James Goudkamp, Frederick Wilmot Smith

This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

Defences in Contract Hart Studies in Private Law Essays on Defences 3 1st Table of contents:

  1. Thinking in Terms of Contract Defences
    Andrew Dyson, James Goudkamp, and Frederick Wilmot-Smith

  2. What Is a Contractual Defence (and Does It Matter)?
    Kit Barker

  3. Good Faith Bargaining in the Shadow of a Form
    Daniel Markovits

  4. Good Faith, Good Conscience, and the Taking of Unfair Advantage
    Stephen Waddams

  5. Undue Influence and Unconscionability
    Hugh Beale

  6. Should Consideration Be Required for the Consensual Discharge of an Agreement by Part Payment?
    Mary Arden

  7. Not Waiving but Drowning
    Robert Stevens

  8. Frustration: Automatic Discharge of Both Parties?
    Ewan McKendrick

  9. Resisting Termination: Some Comparative Observations
    Solène Rowan

  10. The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility
    Venkatesan Niranjan

  11. Contributory Negligence and Strict Contractual Obligations Revisited
    Janet O’Sullivan

  12. The Impact of Exemption Clauses and Disclaimers: Construction, Contractual Estoppel and Public Policy
    Gerard McMeel

  13. Illegality: Where Are We Now?
    Roger Toulson

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