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Comparative Reflections in Private Law

Essays in Honour of Simon Whittaker

<ul><li>1: John Bell: Pragmatism in French Law: The Case of Mistake</li> <li>2: Michele Graziadei: A Dangerous Method: Genealogy in the Interpretation of Contracts</li> <li>3: John Cartwright: Remedies for Defects in the Formation of a Contract: Learning by Comparing</li> <li>4: Solène Rowan: Performance, Reasonableness, and Proportionality: English and French Remedies Law</li> <li>5: Yves-Marie Laithier: The Impact of Illegality in French Contract Law: A Reflexive Endeavour</li> <li>6: Hugh Beale: Doctrines of Change of Circumstances, Covid-19, and Special Measures</li> <li>7: Dorota Leczykiewicz: Violation of a Right and Tort Law</li> <li>8: Marco Cappelletti: Foreseeability in the Law of Torts: A Comparative Analysis</li> <li>9: Jean-Sébastien Borghetti: Justifying the Denial of Compensation for Pure Economic Loss</li> <li>10: Matthew Dyson: A 'Pilfered Ginger': Tort Claims for Harm Caused by Products Involving Illegality</li> <li>11: Pietro Sirena: The Subsidiarity of Unjustified Enrichment</li> <li>12: Barbara Pozzo: Harmonizing Contract Law without a Common Terminology: Comparative Law Perspectives</li> </ul>

Hart Studies in Constitutional Law

Landmark edited volume on the making and amendment of the UK constitution.

Making and Amending the Constitution

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

Rules of the Game

Sports Law and Society

English law of sale of goods is an important area of commercial law, occupying a central place in the UK law schools curricula as well as in legal practice. Now in its fifth edition, The Sale of Goods offers a systematic and rigorous study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and, although of diminishing importance, EU legislation. Fully updated with the most recent case law, this book examines the relationship between statute (the Sale of Goods Act 1979) and the underlying common law, as well as the connection between contract and property law. The passing of property from seller to buyer is discussed, alongside mistake, frustration, and risk. Performance issues, including delivery and payment, are addressed in depth, as are the implied terms of description, satisfactory quality, and fitness for purpose. Breach and termination are explored through the lens of conditions, warranties, innominate terms, and repudiation, with detailed discussion of the buyer's right to reject goods and its loss through acceptance. Misrepresentation and exclusion clauses also come in for detailed discussion. The book concludes with a comprehensive treatment of remedies, including the seller's real rights over goods in cases of non-payment, actions for debt and specific performance, and damages for non-acceptance, non-delivery, late delivery, and the delivery of non-conforming goods. Significant important cases include: damages; contractual certainty; specific performance; cryptoassets and coins; gambling chips; cancellation clauses; conditions precedent; passing of property; insurable interest; frustration; change of position; right to sell; contract quantity; waiver; delivery; innominate terms; divisible contracts; deposits and advance payments; time of essence; fitness for purpose; description; fraud; misrepresentation; express warranty; consumer safety; exclusion clauses; affirmation; termination; repudiation; rejection; interest; failure of consideration; market damages; mitigation of damages. Statutory developments include: Digital, Markets, Competition and Consumers Act 2024; Electronic Documents Act 2023; and post-Brexit modification of EU-inspired legislation.

The Sale of Goods

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

This open access book assesses whether European data regulation can be amended in light of contemporary technological developments. In an era when data powers our daily lives, economies and societies, data regulation is essential. However, European data regulation is still premised on concepts and foundations that were developed more than 50 years ago. The book offers an in-depth exploration of the European data regulatory landscape, from its historical roots to the challenges posed by new technological advancements. Through a detailed legal and technical analysis, it explores key data categories - such as anonymised, pseudonymised, aggregated, sensitive data, and metadata - highlighting their fluid and changing nature and the growing possibilities for transitioning between them. By identifying regulatory tensions and challenges arising from various technologies, such as AI, Big Data, and quantum computing, the book offers policymakers, legal scholars, computer scientists and data protection experts different perspectives on how to reshape future privacy and data protection legislation in a rapidly advancing technological world. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The Past, Present, and Future of European Data Regulation

ASCL Studies in Comparative Law

Misuses of Comparative Law in International Development examines how comparative law has been deployed by international organizations, governments, and NGOs to legitimize legal reforms that entrench inequality and reinforce power hierarchies. These reforms often align development agendas with neoliberal and authoritarian logics. The book exposes the flawed assumptions-such as convergence, efficiency, and legalism-that underpin transnational reform projects like the World Bank's indicators and the harmonization initiatives of the EU and OECD. It shows how these frameworks misrepresent local contexts and silence alternative legal traditions. Introducing a new typology of misuse-from cannibalization to epistemic impoverishment-it reveals how comparative law frequently operates as a tool of domination rather than emancipation. Bridging critique and utopia, the book re-characterizes these misuses as social constructions and reimagines comparative law as a vehicle for equitable, context-sensitive, and redistributive legal reform.

Misuses of Comparative Law in International Development

This advanced textbook offers an overview and critical treatment of comparative law, incorporating both traditional and modern approaches to the discipline and an up-to-date survey of the key methodological debates. The fundamental concepts of comparative law are examined through the lens of three main questions: what to compare, why compare, and how to compare.The study of the objects of comparative analysis (what to compare) begins with a critique of legal positivism to address a plurality of legal concepts. The investigation of the aims of comparative law (why compare) considers the most widespread classifications of legal orders and the diverse approaches to the study of legal change. Finally, the methods of comparative law (how to compare) are analysed, taking into account their different functions. Adopting a contextualised, interdisciplinary approach to the subject with a focus on a range of different legal systems, the author brings in examples from politics and economics to the analysis, highlighting the importance of comparative law for the understanding of modern societies.Comparative Law: A Critical Introduction will provide a thought-provoking read for advanced-level students and scholars of comparative law.

A Critical Introduction

Comparative Law

Schriften zum Bürgerlichen Recht

'The Specific Constitution of the Injured Party, Considering the Profession-Specific Occupational Risks': The particular physical or psychological vulnerability of injured parties plays a central role in liability law. It is shown when the injuring party bears the risk of such a heightened vulnerability and where the limits of attribution lie. Based on § 823 Abs. 1 BGB general standards are developed and their transfer to medical liability is evaluated. Furthermore, the analysis examines to what extent professionals must accept occupation-specific risks without compensation.

Die besondere Konstitution des Geschädigten unter Berücksichtigung seines berufsspezifischen Risikos

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

This book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement.

Comparative Reflections in Private Law

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