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Gerhart Peter M.: Contract Law and
Social Morality

Contract Law and Social Morality

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Company law, as a specialised branch of business law, is uniquely shaped by contemporary challenges that often redefine traditional legal concepts. Historically, the study of company law has been approached through the lens of individual legal systems rather than a broader, comparative perspective. Addressing this gap, this advanced textbook offers a comprehensive comparative analysis of common law and civil law traditions.The book focuses on the interplay between the UK legal system and the European Union's legal framework through the analysis of some EU states' legal systems. It examines company law in common law jurisdictions, particularly England and Wales, alongside Scotland, while integrating the latest legislative developments within some states of the EU, for instance, Italy and Germany. Through this comparative lens, the textbook explores pressing contemporary issues, such as the pursuit of sustainability and the green agenda, and technological evolution, in particular, AI, analysing their impact on the foundational principles of company law.Marking the 20th anniversary of the passing of the Companies Act 2006, Comparative Company Law serves as a bridge between common law and civil law, combining tradition with innovation. It provides a nuanced exploration of how modern challenges, ranging from sustainability to human rights, reshape the structure of company law, making it an essential resource for advanced students and scholars.

Human Rights, Sustainability and Technological Advancements

Comparative Company Law

How mental health and illness have transformed from medical concepts into widely shared cultural ideas Discussions about mental health are ubiquitous, and individuals’ “challenges,” “struggles,” and “crises” are frequent fodder for media coverage and online content. Mental illness, however, is strikingly absent from these conversations. Why are we comfortable talking about mental health but not about mental illness? In Our Mental Health, Their Mental Illness, Amy Johnson argues that as these two terms became widely shared cultural ideas, their meanings diverged. People can struggle with their mental health and still be considered “normal”; meanwhile, the language of mental illness is deployed to describe those who are perceived as abnormal—or even dangerous. Drawing on articles from major US newspapers published between 1980 and 2020 and Reddit posts from 2019 to 2023, Johnson explores how the public came to understand mental health and mental illness as two sides of a social—and not simply medical—boundary. Employing methods of computational text analysis as well as qualitative close reading, Johnson shows that despite open discussions of mental health, mental illness remains a stigmatized category, broadly used to denigrate certain groups and often deployed as an explanation for violent acts. The boundary between mental health and mental illness, drawn by actors other than medical professionals, clearly delineates who is normal and who is not, creating an axis of inequality that intersects with other axes such as race and gender. The twenty-first century focus on mental health has not created universal acceptance but has instead contributed to social division.

Blurry Boundaries in the Twenty-First Century

Our Mental Health, Their Mental Illness

Hart Studies in Commercial and Financial Law

This book uncovers and reconstructs the growing body of legal principles and rules governing mortgages that have been developed by different transnational institutions and actors. It shows how mortgages have evolved from a type of real security commonly used to facilitate lending by mitigating credit risk, to a transferable commodity with the potential to affect international financial stability and consumer welfare. In doing so, the book reveals the emergence of new policy objectives and rationales for regulation that have led to changes in the structure and functions of mortgage laws. Characterising this development as a type of transnational law, the book highlights the paradigm shifts in the law of residential mortgages brought about by their increasing global relevance. The analysis reveals tensions between the goals of risk mitigation, financial stability, consumer protection and housing justice. The result is an innovative analysis at the intersection of contract law, property law and international financial regulation. The book portrays transnational mortgage law as a complex field governed by a plurality of socially and economically relevant but potentially conflicting goals and principles.

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

In this book, practitioners, judges and academics provide a comprehensive assessment of the Contracts (Rights of Third Parties) Act 1999, a legislative cornerstone of English contract law. The 1999 Act is a central statute in contract law, which transformed the rules on privity. Yet comparatively little is written on it. On the Act's 25th anniversary this study fills that gap. Experts in the field from academia and practice assess its reach and impact, shedding light on its areas of complexity. In addition to essays addressing the main provisions of the 1999 Act and the remedies that can be pursued under it, the consequences of the legislation on arbitration, banking, construction, employment, insurance, shipping and many other specialist fields are considered. The volume is introduced and concluded by reflections on the Act's history and future by Lord Burrows and Lady Justice Cockerill. This is a seminal reference work for all practitioners engaging with the 1999 Act, as well as scholars and students of contract law.

The Contracts (Rights of Third Parties) ACT 1999 at 25

Code of Federal Regulations, Title 26 Internal Revenue

Code of Federal Regulations, Title 26 Internal Rev 1.1551-END, Revised as of January 2025

This book sets out the future directions for UK consumer law and policy. After decades of EU-driven development, the continuous improvement of UK consumer law and policy has stalled since Brexit. Yet, there are major challenges, including the progressive digitalisation of the consumer environment, the need to reconcile sustainability with consumption, and the need for better crisis resilience, alongside more specific concerns such as better enforcement or subscription contracts. The disruption caused by Brexit demands a comprehensive solution to ensure that UK consumer law and policy remains current and robust rather than becoming moribund. It also presents an opportunity for realigning UK consumer law and policy towards a consumer-centric focus and to develop innovative solutions to contemporary consumer challenges. With original contributions from leading consumer law scholars, the book shows how the UK could develop in response to both major and specific challenges. Topics include a historical perspective on consumer law, consumer law reform, the implications of Brexit, vulnerability, changing paradigms, challenges in the context of financial services and digital consumer law, and enforcement.

Disruption, Innovation and Re-Alignment in UK Consumer Law and Policy

How mental health and illness have transformed from medical concepts into widely shared cultural ideas Discussions about mental health are ubiquitous, and individuals' "challenges," "struggles," and "crises" are frequent fodder for media coverage and online content. Mental illness, however, is strikingly absent from these conversations. Why are we comfortable talking about mental health but not about mental illness? In Our Mental Health, Their Mental Illness, Amy Johnson argues that as these two terms became widely shared cultural ideas, their meanings diverged. People can struggle with their mental health and still be considered "normal"; meanwhile, the language of mental illness is deployed to describe those who are perceived as abnormal--or even dangerous. Drawing on articles from major US newspapers published between 1980 and 2020 and Reddit posts from 2019 to 2023, Johnson explores how the public came to understand mental health and mental illness as two sides of a social--and not simply medical--boundary. Employing methods of computational text analysis as well as qualitative close reading, Johnson shows that despite open discussions of mental health, mental illness remains a stigmatized category, broadly used to denigrate certain groups and often deployed as an explanation for violent acts. The boundary between mental health and mental illness, drawn by actors other than medical professionals, clearly delineates who is normal and who is not, creating an axis of inequality that intersects with other axes such as race and gender. The twenty-first century focus on mental health has not created universal acceptance but has instead contributed to social division.

Because We Cannot Stop for Death

Inheritance and Continuity

This book explores how different legal systems handle a particularly difficult type of corporate wrongdoing: Catholic dioceses' responsibility for child sexual abuse. Usually, when people think about corporate wrongdoing, they think about tax fraud, insider trading, and similar 'white-collar' crime. As corporations, dioceses' responsibility for child sexual abuse exists separately from that of individual perpetrators, and this corporate responsibility is the focus of this book. Through an analysis of cases involving dioceses that have significant documented histories of priests abusing children, this book illustrates how criminal law, canon law, tort law, bankruptcy law and an Australian Royal Commission have responded (or why they have not). The cases involve the Diocese of Ballarat, in Victoria, Australia, and the Diocese of Gallup, in northern Arizona and New Mexico, in the United States. Each diocese faced similar claims in a diverse field of legal systems, so very different legal systems were handling, in essence, the same cases in dissimilar contexts. Employing a novel interdisciplinary approach, the book traces the theories, purposes, doctrines, procedures, and logistics of engaging with these different legal systems - evaluating what they can and cannot do. Revitalising theories of responsive law, the book demonstrates that it is possible for legal systems to better hold not just Catholic dioceses, but corporations more generally, to account for wrongdoing, but we may need to rethink how those systems are structured.

Catholic Dioceses, Legal Systems, and Corporate Accountability

A practical guide to the business vehicle which for many is the entity of choice for the forward thinking professional services firm and general businesses. It offers clear descriptions of the nature and consequences of LLPs and assists with the process of conversion from a partnership, covering: the formation of and transfer of a business to an LLP; relationships between members, the LLP and themselves; accounting; taxation; and insolvency; and precedents. Practically oriented and written this comprehensive handbook is invaluable for every limited liability partnership and every partnership planning to convert. This title is included in Bloomsbury Professional's Partnerships online service.

Limited Liability Partnership Handbook

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

Contract Law and Social Morality

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