Wilken And Villiers The Law Of Waiver Variation And Estoppel
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| Author | : Sean Wilken |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2002 |
| Genre | : Contracts |
| ISBN | : 9780199253210 |
Commercial law and practice are riddled with examples of the parties formally and informally altering the bargains into which they have entered. The means by which alteration occurs are contained within the doctrines of waiver, variation, and estoppel. This book provides definitions of these notoriously difficult doctrines, together with a detailed analysis of how they apply throughout the commercial law in doctrine and practice. In the second edition the author has revised and rewritten much of the text to take into account recent cases, and new material has been added on issue estoppel, commercial property, and the possibility of an over-arching unifying theory governing the doctrines.
| Author | : Sean Wilkin |
| Publisher | : |
| Total Pages | : 626 |
| Release | : 1998-04-27 |
| Genre | : Law |
| ISBN | : |
Estoppel, variation and waiver are three overlapping doctrines in commercial law which are invoked to alter or end existing contractual arrangements. Because there has been no systematic classification and analysis of the doctrines and there is no obvious dividing line between them, this a difficult area for practitioners. This book examines all three doctrines and helps attorneys decide when and how to use them effectively.
| Author | : Michael Bryan |
| Publisher | : Routledge |
| Total Pages | : 334 |
| Release | : 2007-03-12 |
| Genre | : Law |
| ISBN | : 1135391815 |
Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.
| Author | : Stephen Furst |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 1553 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0414047923 |
With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
| Author | : Vivian Ramsey |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 1553 |
| Release | : 2015 |
| Genre | : Construction contracts |
| ISBN | : 0414025229 |
Online current version of Keating on construction contracts. Available through the Westlaw database. University username and password required.
| Author | : 李先波著 |
| Publisher | : BEIJING BOOK CO. INC. |
| Total Pages | : 648 |
| Release | : 2021-11-11 |
| Genre | : Law |
| ISBN | : |
本书运用历史的、比较的和实证的分析方法，探讨了英美合同法中协议解除、履行解除、受挫解除、违约解除的基本规则、解除的效果以及救济手段，并结合我国实际，对我国合同解除制度的立法完善提出了若干建议。
| Author | : Neil Andrews |
| Publisher | : Cambridge University Press |
| Total Pages | : 797 |
| Release | : 2011-05-26 |
| Genre | : Law |
| ISBN | : 1139504088 |
This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.
| Author | : Elise Bant |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 292 |
| Release | : 2009-05-27 |
| Genre | : Law |
| ISBN | : 1847315070 |
This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.
| Author | : Alastair Hudson |
| Publisher | : Cavendish Publishing |
| Total Pages | : 1107 |
| Release | : 2014-05-27 |
| Genre | : Law |
| ISBN | : 1843145170 |
This new edition considers all of the academic commentary governing the area of equity and trusts - in particular the emerging law of restitution and the raft of new case law over the 1990s. It is suitable both as a sholarly reference and as a resource for students.
| Author | : Michael Twomey |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 1325 |
| Release | : 2019-04-19 |
| Genre | : Law |
| ISBN | : 1526504871 |
Comprehensive and highly detailed, Twomey on Partnership, 2nd edition, includes practitioner-focused chapters on disputes between partners, litigation by and against partnerships and a commentary on each of the clauses of a typical partnership agreement. Few areas of law are as similar throughout the common law world as partnership law. This important book analyses not only Irish, English and Scottish partnership cases, but also the rich vein of partnership cases to be found in other common law jurisdictions, and explains how these cases impact upon Irish law. This new edition has been updated to take account of key Irish cases over the last 17 years, including McAleenan v AIG, Harris v Quigley and Cronin v Kehoe. In addition, it includes analysis of any foreign (particularly English) cases of particular relevance. A new chapter has been added which deals with the Legal Services Regulation Act 2015 and its provisions on partnerships, including limited liability partnerships. While the key partnership acts (the Partnership Act 1890, the Limited Partnerships Act 1907 and the Investment Limited Partnerships Act 1994) have not changed to any significant degree since publication of the first edition, the Irish Government has approved changes to the Investment Limited Partnerships Act 1994 and this is dealt with in the book. Other analysis of legislation in the book has been been updated to reflect the changes since the first edition, in particular the material relating to Companies Act 2014.
