Law : Contracts

This volume sets out initially to test the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. The studies go much further, however. Current official moves towards a European contract law within the European Union lend the critiques of PECL offered in this volume an especial urgency and significance. A European contract law is nearer to reality than ever before, and mere policy critiques of that possibility are no longer enough. Technical and substantive assessments of PECL are also essential. This book provides just such assessments from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time it may help to inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still vigorous and vital national laws may continue to be developed to remain in step with the needs of the present day. more...

Price: $84.99

Considers gain-based damages and explains when they have been available and why, and provides a framework for appreciating their operation. It identifies two forms of these damages, the return of a defendant's gains wrongfully transferred from a claimant and stripping profits from the defendant. more...

Price: $96.00

This volume covers the Symposium on Good Faith in Contract and Property Law held at Aberdeen University in October 1998. It reflects on good faith from the perspective of a mixed legal system (Scots Law), and on good faith from an English and European perspective. more...

Price: $120.00

This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended. more...

Price: $78.00

This book describes the role of Japanese contract law in protecting the distributor against unilateral terminations of distribution agreements. Based primarily on Japanese language legal material. more...

Price: $170.00