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Remedies Reclassified
Introduction -- Instability of 'remedy' -- Writers on 'remedies' -- Stable core meaning of 'remedy' -- Classification of remedies -- Discretion and remedies -- Replicating primary rights : common law remedies -- Replicating primary rights : equitable remedies -- Replicating primary rights : statutory remedies -- Replicating secondary rights : common law remedies -- Replicating secondary rights : equitable remedies -- Replicating secondary rights : statutory remedies -- Transformative remedies -- Conclusion.
The Law of Rescission
The only book to contain in-depth analysis of the law drawing on all sources, including case law and current academic thought, to provide a thorough treatment of the grounds permitting, and bars to, rescission.
McKnight, Paterson, and Zakrzewski on the Law of International Finance
This acclaimed and comprehensive work analyses the legal issues involved in international finance transactions operating under English law. The second edition thoroughly updates the book to take account of major developments in regulation, practice, and case law since the first edition published in 2008. The most notable development in the intervening period has been the global financial crisis of 2008-9, whose effects have profoundly changed the nature of international finance, and the new edition has been updated by a team of expert editors and contributors to reflect the post-crisis legal framework of international transactions. The new edition covers the many significant changes to Bank ...
McKnight and Zakrzewski on the Law of Loan Agreements and Syndicated Lending
This book provides an accessible introduction to the law and practice relating to English law governed loan agreements and to legal issues surrounding syndicated lending. It opens with an overview setting out the key concepts and principles of contract law that are important for understanding commercial lending transactions. There follows a chapter on loan facility agreements which explores the usual contents of such agreements, and the relevant law. The chapter on syndicated lending analyses the relationships between the lenders, the arrangers and the agent, and explores the legal risks that may arise and the way in which they are conventionally addressed. The final chapter examines the legal issues regarding transfers of participations in loans.
International Handbook on Shareholders ́ Agreements
Shareholders ́ Agreements have a growing influence on the general understanding of corporate law since they bind not only the shareholders but also affect the constitution of the corporation and can have a severe impact on capital markets. Therefore, Shareholders ́ Agreements are more and more subject to regulation in corporate, capital market and also insolvency law on the national, the European and the international level. This handbook provides a general examination of conceptual questions of Shareholders ́ Agreements and provides an analysis of the regulation of Shareholders ́ Agreements in European and international law and of the national law of more than 20 jurisdictions. Readers will get a general understanding of the theoretical and practical problems involved with Shareholders ́ Agreements and detailed information on the regulation of Shareholders ́ Agreements in several jurisdictions and the applicable law in the case of transnational corporations and cross-border transactions.
Understanding the Law of Assignment
Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.
Jews, Catholics, and the Burden of History
Volume XXI of the distinguished annual Studies in Contemporary Jewry marks sixty years since the end of the Second World War and forty years since the Second Vatican Council's efforts to revamp Church relations with the Jewish people and the Jewish faith. Jews, Catholics, and the Burden of History offers a collection of new scholarship on the nature of the Jewish-Catholic encounter between 1945 and 2005, with an emphasis on how this relationship has emerged from the shadow of the Holocaust.
New Directions in Private Law Theory
New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.
The Architecture of Rights
What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.
Text, Cases and Materials on Contract Law
Clear and accessible, this book provides full coverage of most topics in the contract law syllabus, alongside up-to-date illustrative case examples, stimulating commentaries and learning support from a regularly updated companion website.
