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Books on the topic 'Contractual rights'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

Fung, D. Y. K. Pre-contractual rights and remedies: Restitution and promissory estoppel. Selangor, Malaysia: Sweet & Maxwell Asia, 1999.

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2

Rawlinson, Maureen Kingwood. The employment status and contractual rights of the performing artist in Englishlaw. Manchester: University of Manchester, 1993.

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3

Brusquetti, Luis A. Irún. Causales de ineficacia contractual: En la normativa del Código civil paraguayo. Asunción, Paraguay: Intercontinental, 2009.

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4

Brusquetti, Luis A. Irún. Causales de ineficacia contractual: En la normativa del Código civil paraguayo. Asunción, Paraguay: Intercontinental, 2009.

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5

Wagner, William Joseph. The contractual reallocation of procreative resources and parental rights: The natural endowment critique. Aldershot: Dartmouth, 1995.

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6

The contractual reallocation of procreative resources and parental rights: The natural endowment critique. Aldershot: Dartmouth, 1995.

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7

Corazza, Luisa. Contractual integration e rapporti di lavoro: Uno studio sulle tecniche di tutela del lavoratore. Padova: CEDAM, 2004.

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8

Mak, Chantal. Fundamental rights in European contract law: A comparison of the impact of fundamental rights on contractual relationships in Germany, the Netherlands, Italy, and England. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2008.

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9

Estabilidad laboral y rescisión contractual. [Lima]: Aníbal Paredes Galvan, 1986.

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10

Morgunova, Elena, and Nataliya Frolova. Exclusive right in civil circulation. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1303015.

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The textbook presents doctrinal approaches, positions of the Constitutional Court of the Russian Federation, judicial practice, Russian and foreign legislation on issues related to the essence of legal protection of individual intellectual property objects and the nature of the exclusive right to them, contractual structures in the field of intellectual property, as well as the protection of exclusive rights to intellectual property objects. It is prepared for the development of undergraduates studying under the program" Master of Private Law", the discipline "Exclusive law in civil circulation", but can also be used in the study of legal protection of intellectual property results and means of individualization in the course "Civil Law" by bachelors, specialists, as well as in other master's programs. It may be of interest to students, postgraduates, scientists, teachers, practitioners, and anyone interested in intellectual property issues.
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11

Arruñada, Benito. Institutional foundations of impersonal exchange: Theory and policy of contractual registries. Chicago: The University of Chicago Press, 2012.

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12

Institutional foundations of impersonal exchange: Theory and policy of contractual registries. Chicago: The University of Chicago Press, 2012.

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13

Nong cun tu di cheng bao jing ying quan fa lü bao zhang yan jiu: Research on the legal protection of the right of contractual land management. Beijing Shi: Fa lü chu ban she, 2009.

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14

The Assignment of Contractual Rights. Hart Publishing, 2006.

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15

Sanders, Gerard. Enforcing Contracts in Transition Economies: Contractual Rights And Obligations in Central Europe. British Institute International & Comparative, 2005.

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16

Lee, Philip. Academic Freedom at American Universities: Constitutional Rights, Professional Norms, and Contractual Duties. Lexington Books/Fortress Academic, 2016.

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17

Gerard, McMeel. Part II Related Doctrines, 11 New Horizons: Good Faith, Contractual Discretions, and Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0011.

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This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’)—Article 6 and Article 1 of Protocol 1. To conclude, the chapter examines a human rights case in Khan v Khan, in the context of an alleged compromise arising out of a family partnership in the Muslim community.
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18

Emir, Astra. 15. Rights in Notice. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198814849.003.0015.

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One of the features which distinguish a contract of employment from other contractual situations is that a contract of employment is one of continuous obligation, with, generally speaking, no specified time for its ending. If either the employer or employee wishes to terminate the contract, notice of such termination must be given. This chapter explores the rights and duties of both the parties to give and receive lawful notice in the event of a termination, i.e. if there is a dismissal or resignation. It also considers the taxation of payments, pay in lieu of notice, rights during the notice period, ‘garden leave’, notice pay on insolvency and time limits.
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19

Marcus, Smith, and Leslie Nico. Part I The Nature of Intangible Property, 5 Rights Under a Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0005.

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This chapter studies rights under a contract. Contractual rights exist between, and are only enforceable by, the parties to the contract. In other words, contractual rights and obligations are essentially bilateral. Two principles of the common law tend to prevent third parties from enforcing the contract: a contract for the benefit of a third party cannot be enforced directly by that party; the promise cannot be indirectly enforced by the contracting party. The chapter then considers the statutory exception to the rule that exists in the shape of the Contracts (Rights of Third Parties) Act 1999, as well as the nature of contractual rights as property.
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20

Lei, Chen. Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0003.

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This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.
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21

Wagner, William J. The Contractual Reallocation of Procreative Resources and Parental Rights: The Natural Endowment Critique (Medico-Legal Series). Dartmouth Publishing Group, 1996.

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22

Solène, Rowan. Ch.5 Content, third party rights and conditions, s.3: Conditions, Art.5.3.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0101.

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This commentary focuses on Article 5.3.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the types of condition covered by Section 5.3 of the PICC. Art 5.3.1 identifies the two types of condition that are recognized in the PICC: suspensive condition and resolutive condition. Whether a condition is suspensive or resolutive is a question of interpretation of the contractual intention of the parties. A contract or a contractual obligation may be made conditional upon the occurrence of a future uncertain event, so that the contract or contractual obligation only takes effect if the event occurs (suspensive condition) or comes to an end if the event occurs (resolutive condition). This commentary discusses the scope of Section 5.3, the distinction between ‘suspensive’ and ‘resolutive’ conditions, conditions whose fulfilment is entirely dependent on the will of the obligor, time limit stated by the condition, and illegal conditions.
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23

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0088.

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This commentary focuses on Article 5.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the determination of the kind of duty involved. Art 5.1.5 provides criteria for determining the nature of contractual obligations. The question of whether an obligation involves a duty to achieve a specific result or a duty of best efforts is a result of the interpretation of the contract. Thus, Art 5.1.5 supplements the rules on contractual interpretation in Chapter 4 of the PICC. In determining the extent to which a party's obligation involves a duty of best efforts in the performance of an activity or a duty to achieve a specific result, regard shall be had to the way in which the obligation is expressed in the contract; the contractual price and other terms of the contract; the degree of risk normally involved in achieving the expected result; and the ability of the other party to influence the performance of the obligation.
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24

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0089.

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This commentary focuses on Article 5.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the determination of the quality of performance. Under Art 5.1.6, where the quality of performance is neither fixed by, nor determinable from, the contract, a party is bound to render a performance of a quality that is reasonable and not less than average in the circumstances. The provision is a specific application of one of the general underlying principles of the PICC: the idea of favor contractus. This commentary discusses the priority of the general rules of contractual interpretation, average quality as a minimum threshold, standard of reasonableness, and burden of proof of the party alleging non-performance because of insufficient quality of performance.
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25

Quigley, Conor. European Community Contract Law - Volume 1: The Effect of EC Legislation on Contractual Rights, Obligations and Remedies. Kluwer Law International, 1998.

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26

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0084.

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Article 5.1.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with express and implied obligations. According to Art 5.1.1, the contractual obligations of the parties may be express or implied.
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27

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.2: Third party rights, Art.5.2.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0097.

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This commentary focuses on Article 5.2.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning defences of the promisor against the promisee and against the beneficiary. Art 5.2.4 stipulates that the promisor may assert against the beneficiary all defences which the promisor could assert against the promisee. The phrase ‘all defences’ has to be read as ‘all defences based on the contract from which the third party derives its right, but not those based on other relationships between the promisor and the promisee’. The promisor has to prove the existence of a defence against the promisee arising out of the contractual relationship which confers a right upon the beneficiary. The burden of proof is on the beneficiary if it wants to argue that the parties agreed not to make the promisor's defences available against the beneficiary.
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28

1957-, Andens Mads Tnnesson, and British Institute of International and Comparative Law., eds. Enforcing contracts in transition economies: Contractual rights and obligations in Central Europe and the Commonwealth of Independent States. London: European Bank for Reconstruction & Development, 2005.

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29

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.9. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0092.

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This commentary focuses on Article 5.1.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning release of a contractual right by agreement. Under Art 5.1.9, an obligee may release its right by agreement with the obligor. An offer to release a right gratuitously shall be deemed accepted if the obligor does not reject the offer without delay after having become aware of it. The terminology used in Art 5.1.9 was chosen with particular care. The term ‘release’ was preferred over the concept of ‘waiver’ that has no agreed meaning between the common law systems. This commentary argues that the use of ‘release’ is somewhat problematic from the perspective of U.S. contract law. It also discusses the agreement in terms of offer and acceptance, the legal consequences of a release by agreement, and the burden of proof relating to release of a contractual right by agreement.
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30

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0085.

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This commentary focuses on Article 5.1.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning implied contractual obligations. According to Art 5.1.2, implied obligations stem from the nature and purpose of the contract as well as practices established between the parties and usages. Arts 5.1.1 and 5.1.2 cover the same ground as Art 4.8. It does not matter which of these provisions is applied.
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31

Gerard, McMeel. Part III Particular Contractual Provisions, 21 Exemption Clauses and Unfair Contract Terms. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0021.

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This chapter focuses on exemption clauses. Particular attention is placed on the detailed rules of construction still applicable to exemption clauses. Moreover, the chapter considers the statutory interventions in this field in the shape of the Unfair Contract Terms Act 1977 and Part 2 of the Consumer Rights Act 2015 (superseding the Unfair Terms in Consumer Contracts Regulations 1999). Since these statutory interventions there has been a marked tendency to construe exemption clauses in commercial agreements in a more realistic way. This is especially prevalent where the parties are of relatively equal bargaining power and where the clause is perceived as giving effect to a sensible allocation of risk.
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32

Phetchareon, Oros. Carriage of Goods by Sea Act 1992: Transfer of contractual rights and balance of position between shipper, cargo-owner and carrier. 1996.

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33

Marcus, Smith, and Leslie Nico. Part IV Intangible Property that is Incapable of Transfer, 24 Personal Obligations. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0024.

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This chapter focuses on personal obligations. As has been described, one of the reasons contractual burdens are generally unassignable is because the beneficiary of the promise cannot, without his consent, be deprived of his rights as against his contractual counterparty. Here the concern is with the converse situation, where the beneficiary of a right wishes to transfer that right to someone else. The chapter then considers the reasons for the rule that a personal contractual obligation should not be assignable to a third party, analyses the test established by the relevant case law for determining whether a particular obligation is indeed a personal obligation, and sets out a number of the ways in which this test has been applied to specific factual scenarios.
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34

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0086.

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This commentary focuses on Article 5.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning co-operation between the parties. Art 5.1.3 imposes a general duty of co-operation on the parties. The duty applies to all types of contract, although it is particularly important in long-term contractual relationships where the parties have to collaborate throughout the life of the contract to make it work. Art 5.1.3 requires each party to cooperate with the other party when such co-operation may reasonably be expected for the performance of that party's obligations. This commentary discusses limits to the duty of co-operation, legal consequences of a violation of the duty of co-operation, and burden of proof relating to the duty of co-operation.
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35

Marcelo, Armas M. 8 Chile. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0008.

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This chapter examines the law of set-off in Chile, both before and after insolvency, as well as the alternatives for contractual set-off structures that may be agreed among two or more parties. In Chile, set-off was created as a legal concept primarily on the basis of practical considerations rather than juridical principles. The right to set-off may arise due to a contractual arrangement between the parties or by the operation of law, including the Chilean Civil Code. The chapter first considers set-off in Chile outside insolvency, focusing on set-off by operation of law and contractual set-off, before discussing set-off in insolvency. In particular, it explains the implications of a declaration of liquidation under Chilean Bankruptcy Law and its possible consequences for set-off rights. It also analyses issues arising in cross-border set-off.
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36

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0087.

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This commentary focuses on Article 5.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning duty to achieve a specific result and duty of best efforts. According to Art 5.1.4, to the extent that an obligation of a party involves a duty to achieve a specific result, that party is bound to achieve that result. To the extent that an obligation of a party involves a duty of best efforts in the performance of an activity, that party is bound to make such efforts as would be made by a reasonable person of the same kind in the same circumstances. The distinction between duties to achieve a specific result and duties of best efforts helps to define the scope of the parties' contractual obligations. This commentary discusses the consequences of such a distinction as well as the content of the duty of best efforts.
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37

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0090.

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This commentary focuses on Article 5.1.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the determination of contractual price. According to Art 5.1.7, where a contract does not fix or make provision for determining the price, the parties are considered, in the absence of any indication to the contrary, to have made reference to the price generally charged at the time of the conclusion of the contract for such performance in comparable circumstances in the trade concerned or, if no such price is available, to a reasonable price. This commentary discusses failure to determine the price by the parties, determination of the price according to the market price or a reasonable price, determination of the price by one of the parties, determination of the price by a third person, determination of the price with reference to external factors, and allocation of the burden of proof.
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38

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part II Description of Interests, 8 Rights Not Including the Transfer or Retention of Title. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0008.

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This chapter talks about how set-off is the process by which a claim is reduced or eliminated upon account being taken of a cross-claim. Set-off comes in a number of different forms arising by operation of law. Some of these forms may be expanded or abbreviated (even eliminated) by a contract between the relevant parties. There are also several rules that bear a close resemblance to set-off but that technically are, or may be, distinct. These include the ability of a buyer, receiving defective goods, to deduct a sum representing their diminished value from the purchase price claimed by the seller if he has not already paid the price; the adjustment at intervals of a running account between two parties; and the contractual netting processes that take place in financial and other markets.
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39

Cabrelli, David. 8. Pay and Working Time. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0008.

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This chapter examines the statutory regulation of the wage–work bargain and the working conditions of ‘employees’ and ‘workers’, analysing their historical background and the justifications for their introduction. It covers the rights conferred on employees and workers under the National Minimum Wage Act 1998 and the Working Time Regulations 1998, including working time rights and the right to annual leave. Both laws have the capacity to over-ride the mutually agreed contractual arrangements struck by the parties. The chapter also addresses the provisions of the Employment Rights Act 1996 relating to wages (e.g. the statutory right not to suffer unauthorized deductions from wages, and the right to a guarantee payment).
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40

Tiago Ferreira, de Lemos. 25 Portugal. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0025.

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This chapter provides an overview of the law of set-off in Portugal, both outside and within the context of insolvency. In Portugal, the policy justification for set-off is based on the fact that it may be used to avoid reciprocal payments whenever legally possible. The Portuguese Civil Code regulates set-off as part of its rules on contractual rights and obligations, but does not regard set-off as creating any security right (either in rem or in personam), lien, pledge, charge, mortgage, or other similar right over any assets of the parties involved. The chapter first considers set-off between solvent parties, focusing on unilateral set-off and contractual set-off, before discussing set-off against insolvent parties. It examines the relevant provisions of the Portuguese Netting Law and concludes with an analysis of cross-border issues relating to set-off between solvent parties and set-off against insolvent parties.
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41

Marson, James, and Katy Ferris. Business Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198766285.001.0001.

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Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book contains a number of parts. After an introduction about studying the law, the first part covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. The next part considers contractual obligations. Here terms, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are included. It continues with tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. This is followed by an examination of company law. The part that comes next is about employment. Finally, intellectual property issues are considered.
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42

Gilles, Cuniberti, and Rueda Isabelle. 9 National Report for France. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198727293.003.0009.

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This chapter discusses the law on creditor claims in France. French insolvency law has traditionally been unfriendly to creditors benefitting from contractual security interests. Unlike most other legal systems, insolvency claims secured by contractual security interests over certain assets of the debtor do not enjoy the right to be satisfied from the secured assets in priority to all other claims. The treatment of creditor claims is also similar among various insolvency proceedings. In reorganization proceedings (sauvegarde or redressement judiciaire), post-commencement claims are more common and substantial, whereas in liquidation proceedings (liquidation judiciaire), such claims are often non-existent. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
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43

Henry G, Burnett, and Bret Louis-Alexis. Part II Key Risks and Disputes Associated with International Mining Projects, 7 Purchase and Joint Venture Disputes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198757641.003.0007.

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This chapter discusses mineral rights and joint-venture disputes. The sale and purchase of an individual mining project will generally come down to the transfer of mineral rights. Disputes arising in connection with the transfer of mineral rights usually concern the validity and extent of the rights sold and, in particular, the conveyance of the surface rights associated with the project. Such disputes are often contractual in nature, and can be resolved through domestic or international arbitration. Joint ventures involve a relationship between two or more parties, one of which (the operator) will manage the joint venture for the benefit of its co-venturers. Disputes may arise in connection with the operations and management of the joint venture, particularly in purely contractual joint ventures. A frequent matter of contention is the definition of annual work programs and budget and their approval. Disputes may also emerge in connection with the buy-out and valuation of minority interests.
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44

David, Scorey, Geddes Richard, and Harris Chris. Part II The Bermuda Form in Detail, 4 Law of Construction and Interpretation Clause. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.003.0004.

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This chapter focuses on Article VI.O of the Bermuda Form XL004, the Law of Construction and Interpretation Clause. Article VI.O does not merely adopt a system of law to govern the parties' contractual rights, It also engages in a profound modification of the chosen law and carves out from the corpus of New York law certain principles and canons of construction that would, from an insurer's perspective, be unduly favourable to policyholders and that might otherwise apply. The chapter discusses the structure of Article VI.O, summary of Article VI.O, prohibited principles, and the basic legal principles of construction under New York law that are consistent with an even-handed approach to contractual interpretation.
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45

Jacques, du Plessis. Ch.3 Validity, s.1: General provisions, Art.3.1.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0054.

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This commentary focuses on Article 3.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the mandatory character of the provisions of Chapter 3 of the PICC on fraud, threat, gross disparity and illegality. Art 3.1.4 essentially prohibits contractual exclusion of the provisions of Chapter 3 relating to the more ‘serious’ grounds for invalidity, namely fraud, gross disparity, and illegality. It is therefore an exception to Art 1.5, which generally permits exclusion or modification by the parties. The ‘provisions’ referred to in Art 3.1.4 presumably are those relating to remedies. Art 3.1.4 only relates to excluding rights before the moment when such a right arises.
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46

Davies, Paul S. JC Smith's The Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807810.001.0001.

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Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.
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47

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part I Introduction, 1 Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0001.

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This introductory chapter talks about propriety security taken by creditors from debtors to support the repayment of loans or, much less frequently, the performance of other obligations. The security normally takes the form of a pledge, mortgage, or charge over the debtor’s property. The chapter also considers transactions that on a traditional analysis do not involve the taking of security but that have a similar economic function, in that a party that provides credit retains property rights over assets that in practice are being purchased by the debtor with the credit provided. These transactions involve what is often called ‘vendor credit’ as opposed to ‘lender credit’. The equivalent of security may also be produced by a host of other contractual devices, such as priority agreements, contractual set-off, and liens over sub-freights.
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48

Davies, Paul S. JC Smith's The Law of Contract. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198853503.001.0001.

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Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.
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49

Hardy, Duncan. Beyond Alliances and Leagues. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198827252.003.0009.

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Structures and dynamics characterized in this book as ‘associative’—that is, pertaining to contractual relationships and interactions between power-wielders who were not arranged in a clear hierarchy—were not confined to leagues and alliances. In the fourteenth to sixteenth centuries, a range of challenges beyond the remit of individual authorities were addressed through multilateral treaties. This gave rise to a variety of associative configurations and solutions, such as coinage unions to preserve currency values, ‘castle-peaces’ (Burgfrieden) between co-lords with intermingled rights and properties, and treaty-based relationships between two or more co-rulers within a princely dynasty. Upon close examination, even those entities depicted in unitary terms in most historiography of the Empire—‘territories’ and their ‘estates’—were structured as loose and overlapping networks of contractually related actors. The constituents of principalities depicted themselves as collectivities engaged in associative negotiation, often at Tage (diets—also the favoured format for discussion within alliances).
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50

Marson, James, and Katy Ferris. Business Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198849957.001.0001.

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Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book is split into eight parts. After an introduction about studying the law, Part 2 covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. Part 3 considers contractual obligations. Here terms such as, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are discussed. Part 4 discusses tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. Part 5 examines company law, including trading structures, maintenance of finance and capital, and corporate administration and management. Part 6 explores the employment relationship, the nature of which will determine many important factors for both the individual and the employer. It includes discussions on the Contract of Employment, statutory regulation of dismissals, equality in employment relationships, and Statutory and Common Law Regulation of the Conditions of Employment. Part 6 then discusses agency law and the duties and responsibilities that exist for both principal and agent. Finally, intellectual property and data protection issues are considered in Part 8.
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