| Description |
1 online resource (333 pages) |
| Series |
Defences in Private Law Ser |
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Defences in Private Law Ser
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| Contents |
Foreword; Preface; Contents; List of Contributors; Table of Cases; Table of Legislation; Table of Statutory Instruments and Rules; Table of Restatements; Table of Conventions; 1; Thinking in Terms of Contract Defences; I. INTRODUCTION; II. ARE THERE DEFENCES IN CONTRACT?; III. THE PUZZLE OF CONTRACT DEFENCES; IV. SHOULD CONTRACT LAWYERS THINK IN TERMS OF DEFENCES?; V. CONCLUSION; 2; What Is a Contractual Defence (and Does It Matter)?; I. INTRODUCTION; II. INSIGHTS FROM LEGAL HISTORY; III. THE ANALYTICAL QUESTION; IV. CONCLUSION; 3; Good Faith Bargaining in the Shadow of a Form |
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I. INTRODUCTIONII. THE PROBLEM OF THE FORM IN ITSELF; III. BEGUILED BY FORM; IV. BARGAINING IN THE SHADOW OF A FORM; V. DEFENCES REVISITED; 4; Good Faith, Good Conscience, and the Taking of Unfair Advantage; I. INTRODUCTION; II. FRAUD; III. FORFEITURES; IV. PENALTIES; V. PERSONS BORROWING ON THE EXPECTATION OF FUTURE OWNERSHIP OF PROPERTY; VI. UNDUE INFLUENCE; VII. UNFAIR TRANSACTIONS; VIII. RELATION OF JUDICIAL DEVELOPMENT TO LEGISLATION; IX. GOOD CONSCIENCE; X. THE ÇUKUROVA CASE; XI. GOOD FAITH; XII. CONCLUSION; 5; Undue Influence and Unconscionability; I. UNDUE INFLUENCE |
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II. UNCONSCIONABILITYIII. CONCLUSION; 6; Should Consideration Be Required for the Consensual Discharge of an Agreement By Part Payment?; I. FOAKES V BEER; II. WHAT SHAPE SHOULD ANY LEGISLATIVE REFORM TAKE?; III. THE COURTS HAVE SOUGHT TO DEVELOP THE LAW IN WAYS THAT MITIGATE THE EFFECT OF FOAKES v BEER; IV. WILLIAMS V ROFFEY: THE COURT OF APPEAL HOLDS THAT PRACTICAL BENEFIT TO THE CREDITOR IS GOOD CONSIDERATION; V. RE SELECTMOVE LTD: THE COURT OF APPEAL HOLDS THAT ROFFEY REASONING DOES NOT APPLY TO DEBT RESCHEDULING |
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VI. MWB V ROCK: THE COURT OF APPEAL DISTINGUISHES SELECTMOVE WHERE ADDITIONAL PRACTICAL BENEFIT IS FOUNDVII. CONCLUSION; 7; Not Waiving but Drowning; I. THE CLAIMS; II. TERMINOLOGY; III. OTHER USES OF WAIVER -- IV. IS IT A DEFENCE?; V. EVIDENTIAL ESTOPPEL (OR ESTOPPEL BY REPRESENTATION); VI. EQUITABLE ESTOPPEL; VII. PROPRIETARY ESTOPPEL; VIII. CONSTRUCTIVE TRUSTS; IX. UNJUST ENRICHMENT; X. PROPRIETARY ESTOPPEL AND CONTRACT; XI. WHAT TO DO?; 8; Frustration: Automatic Discharge of Both Parties?; I. INTRODUCTION; II. TAYLOR V CALDWELL; III. HIRJI MULJI V CHEONG YUE STEAMSHIP CO LTD |
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IV. SUBSEQUENT DEVELOPMENTSV. EVALUATION; VI. INTERNATIONAL RE-STATEMENTS; VII. CONCLUSION; 9; Resisting Termination: Some Comparative Observations; I. INTRODUCTION; II. RESISTING TERMINATION IN ENGLISH LAW; III. RESISTING TERMINATION IN FRENCH LAW; IV. DEFENCES TO TERMINATION: COMPARATIVE REMARKS; V. CONCLUSION; 10; The Contract Remoteness Rule: Exclusion, Not Assumption of Responsibility; I. INTRODUCTION; II. THE RELATIONSHIP BETWEEN REMOTENESS AND THE COMPENSATORY PRINCIPLE; III. THE AUTHORITIES: EXTERNAL RULE OR IMPLIED EXCLUSION?; IV. IMPLIED EXCLUSION OR IMPLIED ASSUMPTION? |
| Notes |
V. CONCLUSION |
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Print version record |
| Subject |
Contracts.
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Breach of contract.
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Good faith (Law)
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Estoppel.
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contracts.
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Breach of contract
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Contracts
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Estoppel
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Good faith (Law)
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| Form |
Electronic book
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| Author |
Goudkamp, James
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Wilmot-Smith, Frederick
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Summers, Andrew
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| ISBN |
9781509902132 |
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1509902139 |
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