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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>

Exploring the Foundations of Contract Law

Cause and Consideration

Written with the busy practitioner in mind, Principles of Contractual Interpretation offers a concise and authoritative guide to this complex area of commercial law. The authors distil the rules for constructing and interpreting contracts into ten core principles, each explored in its own chapter and illustrated with case law that shows how the principle operates in practice. Now in its third edition, the book has been thoroughly revised to reflect eight years of developments in case law, considering landmark decisions such as Wells v Devani, Tesco v USDAW, Barton v Morris, Tinkler v HMRC, and FSHC Group Holdings Ltd v Glas Trust Corporation Ltd. New sections examine the enforceability of implied terms, the scope of rectification, purposive interpretation, and the role of good faith and entire agreement clauses. With expanded coverage and updated commentary, this edition remains an indispensable resource for lawyers, judges, and anyone involved in drafting or litigating commercial contracts.

Principles of Contractual Interpretation 3e

Hart Studies in Commercial and Financial Law

This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency. Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets receive adequate protection. These legal issues are considered in diverse commercial and technical contexts, ranging from native cryptocurrencies to token, whether held directly or with custodians and other intermediaries. The book offers analysis on different levels: Firstly, it scrutinises the existing legal frameworks for enforcement and insolvency in various countries and evaluates the extent to which they can accommodate digital forms of value; secondly, it compares the approaches taken in different jurisdictions and addresses the cross-border issues of jurisdiction and conflict of laws issues that may arise; and thirdly, it focuses on international texts, such as the UNIDROIT Principles on Digital Assets and Private Law, as well as the Global Code of Digital Enforcement, and suggested avenues for further harmonisation and unification of the law. The book provides much-needed responses to the increasing significance of digital assets in modern insolvency and enforcement proceedings. It takes a unique global approach to a wide range of legal perspectives, drawing upon the contributors' experience as leading practitioners, representatives of international organisations, and academics, in common law and civil law jurisdictions around the world. The book identifies the most pressing areas for law reform, and proposes solutions that are both legally robust as well as fit for practical purpose.

Securing Creditor Access and Protecting Customer Interests in the Crypto World

Digital Assets in Enforcement and Insolvency

Previously known as Drafting Agreements in the Biotechnology and Pharmaceutical Industries, this title provides precedent agreements for the main types of commercial transaction encountered in the life sciences, biotechnology and pharmaceutical industries. In addition to the print version, each precedent is available via an accompanying website in a format which can be easily downloaded and edited. Detailed commentary on legal, commercial and practice issues accompanies every precedent. Provided by specialist lawyers from across Europe, this commentary also highlights important differences between English law and that of other key EU jurisdictions: Germany, France, the Netherlands, Spain and Sweden. Commentary on specific considerations for the US is also provided. In addition to precedent commentaries, the book also contains detailed commentary and discussion of legal issues common to the life sciences, biotechnology and pharmaceutical industries, as well as links to relevant materials (eg regulatory materials on clinical trials). This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Drafting Agreements in Life Sciences

Routledge-Giappichelli Studies in Law

The use of traffic and location data in criminal justice is now a common prac-tice in the EU and beyond. Although metadata do not reveal the contents of communications, they allow to draw precise conclusions on the private lives of users, like their everyday habits, places of residence, daily movements and ac-tivities, social relationships, and frequented environments. For this reason, they are largely used by law enforcement to identify promising targets of investiga-tion or as evidence in criminal trials. In the EU, national legislation often pro-vides for the indiscriminate retention of such data, but the compatibility of these mass surveillance regimes with the European human rights framework has been questioned in the case law of the European Court on Human Rights (ECtHR) and the European Court of Justice (CJEU), as well as legal scholar-ship. Nevertheless, the use of unlawfully retained data in criminal proceedings is not usually sanctioned in national criminal procedural systems. This book addresses this problem by inquiring about how communications metadata can be used in criminal proceedings, having regard to the principles of legality and fairness. In particular, through the lens of fairness, the analysis seeks to find some common ground between privacy and data protection regimes on the one hand and criminal procedural rules on the other. To this end, it employs both an interdisciplinary doctrinal research method and a comparative analysis be-tween a limited number of EU Member States. By identifying different stand-ards of fairness for the preventive context, the investigation, and the trial phase, the book highlights gaps in protection and attempts to reconcile these two separate, yet closely related, regimes.

Communication Metadata under EU Human Rights Law

Criminal Justice and Data Protection

This book offers a key point of reference for reflective and thoughtful examinations of the rule of law in tax and related disciplines. It features a stellar cast of established and early-career researchers from a variety of jurisdictions who have entered into conversations about the nature of the rule of law; its relevance to questions about tax, welfare, distribution and public spending; and the challenges involved in applying legal standards in these fields. There is a particular focus on the interaction between the rule of law and the rapidly emerging world of cross-border tax avoidance, reforms influenced by the OECD's Base Erosion and Profits Shifting project and the evolution of EU-level governance over direct as well as indirect taxes. The book is accessible to those new to taxation and public finance as well as to experts, and to lawyers and non-lawyers alike.

Tax, Public Finance, and the Rule of Law

The 4th edition of this casebook provides an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, the casebook is an excellent starting point for learning about the CISG Convention and is particularly useful for students, international trade lawyers, and practitioners. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2020. The book features an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects, and domestic laws. A companion website provides sample questions and answers, which students can use to test their knowledge. The analyses, cases, texts, and questions are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. For this reason, the book is especially suitable for students preparing for the Willem C Vis International Commercial Arbitration Moot.

A Guide to the CISG

International Sales Law

Modern Studies in Property Law

This collection is based on papers presented at the well-established Modern Studies in Property Law biennial conference. It contains cutting-edge research relating to property law broadly conceived, covering land law, equity and trusts, and the interaction between property law and the environment. Part 1 of Volume 13 in the Modern Studies in Property Law series examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics and students. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

Use, Abandonment, and Protection of Land

Modern Studies in Property Law, Volume 13, Part 1

Construction Practice Series

International Contractual and Statutory Adjudication

This innovative textbook edited by international experts in technology law and policy provides a comprehensive and accessible guide into the fast-evolving landscape of technology law and policy in the UK and the EU. The recent wave of regulatory reforms adopted by UK and EU regulators increases the complexity of Internet law as it had developed in the past decades. Recognising the ever-growing importance of artificial intelligence in today's public discourse, the textbook extends beyond traditional legal sectoral frameworks, and explores the intersection of law, technology, and public policy to describe and critically reflect on current and emerging issues in the modern information society. This exploration follows thematic areas of interest, such as adtech, privacy by design, predictive policing, and social media, while also providing accessible historical overviews of how policy has developed in specific fields including platform liability, copyright, or data protection, and case studies on key topics. The companion website provides multimedia resources to delve deeper into specific topics; introductory materials for readers that are unfamiliar with the EU legal system; and teaching resources. Law, Policy, and the Internet is an essential resource for anyone seeking to navigate the complexities of internet regulation in an era of exponential technological change.

Law, Policy, and the Internet

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Copyright and Anonymity in the Creative User-Generated World

This open access book brings together some of the most eminent scholars of international trade to celebrate the scholarly, diplomatic, and institution-building achievements of Thomas Cottier, Professor Emeritus of International Economic Law at the University of Bern and founder of the World Trade Institute. Over his half-century career, Thomas Cottier has promoted the development of international trade law by shaping our understanding of how multiple layers of law interact to form a global legal system. While multilateral trade law is the "melody" of the system, it is made fuller by a host of regional and national layers of harmonising - and sometimes discordant - legal rules. Covering both general trade policy and the economic relations between Switzerland and the EU, the chapters examine Thomas Cottier's fundamental belief in the necessity of studying the interaction of every level of governance - local, national, and international - when considering the policies of economic exchange between countries, as well as his cosmopolitan belief in the need to foster a global community dedicated to bettering the lives of individuals around the world. The special relationship between the EU and Switzerland is addressed, honouring Professor Cottier's dedication to the political debates within Switzerland on the extent to which the country should participate in the European project, exemplifying the themes of multilayered governance and the common concerns of all people. The book's contributors comprise leading scholars and practitioners who have worked closely with, or whose work and professional journeys have been largely influenced by, Thomas Cottier. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Thomas Cottier and the Harmonies of Trade

International Economic Law as Symphony

Comparative Reflections in Private Law

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