Thinking in Terms of Contract Defences (original) (raw)
Related papers
Iberica Revista De La Asociacion Europea De Lenguas Para Fines Especificos, 2004
After a brief introduction, the book is divided into two sections, English for Contract Law and English for Company Law. Each section, which is structured into an introduction and three chapters, is designed to provide material for approximately 50 hours of class contact. In addition, the book also offers some description of cases, a glossary of legal terms, a key and a subject matter index. Although the book was published in the year 2003, design features such as illustrations, tables, drawings, etc., are absent from its pages. Only a handful of crosswords remind us that we are working with a very recently published teaching book. Over the last three decades publications in the field of English for Specific Purposes have been numerous. Most of them, however, have been devoted to teaching Business English. Although this book has come onto the market to teach English for Contract and Company Law two areas where the use of English is increasing as a consequence of globalisation it also offers texts which may be used by students of Business English
Defences in Unjust Enrichment: Questions and Themes
Defences in Unjust Enrichment
In our first collection, on tort law defences, we observed that defences are rarely discussed in the theoretical literature, citing J Oberdiek (ed), Philosophical Foundations of the Law of Torts (Oxford, Oxford University Press, 2014) as an illustration. In a similar vein, there are no chapters on defences in R Chambers, C Mitchell, and J Penner (eds), Philosophical Foundations of the Law of Unjust Enrichment (Oxford, Oxford University Press, 2009). 2 Eg, Ross Grantham and Charles Rickett write: 'The integration of defences into the normative justification for liability is something that has been overlooked in most areas of the private law': R Grantham and C Rickett, 'A Normative Account of Defences to Restitutionary Liability' (2008) 67 Cambridge Law Journal 92, 103 n 57. Similarly, Graham Virgo observes: 'In the field of private law, much work has been done to describe, explain and rationalise different causes of action. Whilst some excellent work has also been done as regards the analysis of specific defences, notably change of position and passing on as defences to claims in unjust enrichment, surprisingly little work has been done to analyse defences in private law more generally':
Scholars of Contract Law: Individuals and Themes
Goudkamp and Nolan (eds), Scholars of Contract Law, 2022
This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, this book serves to emphasise the importance of legal scholarship to the development of the common law more generally. In this introductory chapter the editors provide an overview of the contributions made by the scholars discussed in the book and consider some general themes that emerge from a consideration of their lives and works. Keywords: contract law; legal scholarship; intellectual history; legal history
The Lingering Confusion and Uncertainty in the Law of Contract Interpretation
Social Science Research Network, 2015
The judgments of English courts regularly state that the principles governing contract interpretation are well established. On the surface this seems correct, particularly in view of the frequent endorsement of Lord Hoffmann's restatement of the fundamental principles of interpretation in the Investors Compensation case. However, this article argues that closer scrutiny reveals a different picture. The principles are now being questioned, or not applied as Lord Hoffmann intended, and in other respects the law is uncertain. Recent developments suggest that what Lord Steyn once described as the "shift towards commercial interpretation" has been halted, or at least curtailed. In other words, they are indicative of a desire to return to a more conservative approach to contract interpretation under which disputes should be resolved primarily on the basis of textual analysis with limited resort to external context, including considerations of commercial common sense. The author concludes by suggesting a principled way out of some of the current confusion and uncertainty that does not entail abandoning Lord Hoffmann's principles and turning the clock back to a plain meaning rule under which ordinarily the only escape from a fi nding that the language of the contract is unambiguous is a ruling that absurd consequences will result.
2009
Kindest thanks to the participants in these events for comments and suggestions. Particular thanks are due as well to Gerrit De Geest for incisive comments on the full version of the paper.
REFORMING THE PRIVITY OF CONTRACT DOCTRINE COMPARITIVE STUDY OF INDIAN AND ENGLISH LAW
isara solutions, 2021
This dissertation will look into whether there is need to reform the doctrine of privity to allow third parties to sue on contracts for their own advantage in the situation of contracts that safeguard third-party interests. In order to answer this issue, I will examine the doctrine from both an Indian and an English legal perspective, as well as the exceptions to this principle, such as when a third party is permitted to suit for the contract, which can include court judgements for an equivalent. This is frequently used to replace the common belief that a contract cannot be sued by a third party. To comprehend the rights of a third party to sue for a contract in which he or she features a benefit, we must first discuss who is considered a third-party beneficiary and intended beneficiary, as well as when the third party can overcome the doctrine of privity of contract, which will be discussed through the decisions of the High Courts and the Supreme Court of India. Which compares English and Indian law, as well as the extent to which third-party intrusion is tolerated within the contract and the privity position in these two countries. The statutory exceptions to the doctrine of privity of contract will be examined in this section. Tweddle v. Atkinson and Dunlop pneumatic tyre Co. Ltd. v. Selfridge & Co. Ltd., where the doctrine of privity of the contract was reaffirmed by the House of Lords in 1915, will be discussed in this chapter. In these cases, the doctrine of privity of contract was first mentioned. The reasons for comprehending the principle of privity of contract will be discussed further in this dissertation, as it is critical for anyone involved in contracting, whether at the negotiation stage or after the agreement is signed, to understand the principle of privity of contract. Research Question: Should the privity of contract rule be reformed, in order to allow the third party to sue on contracts in their benefit? In the event that an outsider can sue without privity or consideration, what impact would this have on law of contracts?