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Restitution is increasingly covered at undergraduate level in courses on contract, tort, common law and obligations. This book provides comprehensive coverage of the subject, including detailed examination of such areas as subrogation, limitation of actions and conflict of laws.
This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.
We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.
The sixth volume in the Oxford Law Colloquium Series analyses the workings of, and problems associated with, commercial remedies. The book adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the differentelements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focuson proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with aconsideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.
Principles of English Commercial Law provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include the law on agency, sale of goods, carriage of goods by sea, carriage of goods by air and land, insurance, banking, bailment, security, and insolvency. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of English commercial law, a vital topic in law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
This is the sixth, fully updated, edition of Professor Burrows' casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used either on its own or to supplement a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum.
A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. A...
'...provides everything you want in a case book: a stimulating, thought-provoking and up to date account of contract law. It combines both fantastic academic commentary and superbly selected materials making it simply one of the best contract law casebooks.' Student Law Journal This is the seventh, fully updated, edition of Professor Burrows' Casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used either on its own or to supplement a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author prov...
Now in its third edition this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. Reflecting their increased importance in practice, and the considerable recent academic attention devoted to them, there is also a new chapter on remedies for equitable wrongs such as breach of fiduciary duty and reach of confidence.