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English J: Discharge of Contractual
Obligations

Discharge of Contractual Obligations

Does the upsurge in populism, authoritarianism, and nationalism threaten the future of the rule of law? In this highly topical book, Raymond Wacks explores the philosophical roots of the concept, and its modern, often controversial, interpretation. He explores numerous ideological, economic, legal, and institutional attacks on the rule of law. They range from the exercise of judicial and administrative discretion, and parliamentary sovereignty to the growth of globalisation, the 'war on terror', and the increasing power of Big Tech and especially artificial intelligence. The author identifies which threats pose genuine risks to the rule of law, and suggests how they might be confronted to ensure that democratic freedom is successfully fortified and conserved.

Will it Survive?

The Rule of Law Under Fire

This engaging book provides a clear and comprehensive account of the legal system of Northern Ireland. For many years it has been a go-to source for students and practitioners of law, yet is also accessible to readers with no prior legal knowledge. The book begins by explaining how Northern Ireland became a separate legal jurisdiction, what its current constitutional arrangements are, how its legislation is made and what kind of courts and judges it has. It then looks at when international law is of importance in Northern Ireland, explaining the role of documents such as the Windsor Framework and the European Convention on Human Rights. There follow chapters on laws applying to public bodies, on institutions involved in criminal justice and on rules governing criminal trials. A chapter on 'private law' summarises numerous important fields such as consumer law, employment law, succession law and family law. The book concludes with explanations of how civil cases are processed through Northern Ireland's courts and of the role of lawyers and legal aid schemes. The appendices set out sample sources of law for illustrative purposes. This new edition, now co-authored, has been thoroughly updated with a view to making it even more informative and relevant to readers' needs. It is a 'must have' for anyone wanting to come to grips with the detailed features of a jurisdiction which has long been the subject of political contention and which is constantly developing.

Law in Northern Ireland

The Future of Shipping Law

This book examines how the shipping industry is responding to the commercial challenges caused by geopolitical risk. Geopolitical volatility in the modern world is generating physical and economic obstacles that are disrupting shipping activities and causing disputes that raise fundamental questions of commercial law. Studying this phenomenon by exploring common themes among varied dimensions of business disruption, the book first explores physical disruption to shipping activities across the categories of war, unrest, and piracy. It then turns to the purely economic disruption caused by sanctions and alternative forms of statecraft deployed in "trade wars." The book examines each of these categories by highlighting geopolitical and regulatory context, assessing industry adaptations, and analysing cross-jurisdictional case law to gather insight into the contractual rights and responsibilities impacted by these scenarios. Assessing solutions-including the development of bespoke contract clauses and the application of broader principles of illegality, impossibility, frustration, and force majeure-the book demonstrates that this rapidly evolving area of international commercial law demands a readiness to borrow analytical approaches across categories of business disruption. With industry participants, courts, arbitrators, and scholars in mind, the book provides a contemporary perspective on the geopolitical challenges affecting shipping through a distinctive commercial law lens.

Sanctions, War, and Force Majeure

Geopolitical Disruption in Shipping

Construction Practice Series

International Contractual and Statutory Adjudication

Kooperationswerke Beck - Hart

European Contract Law

This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here-particularly from Latin America- embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.

Modelling a Transcultural Eco-Legal Framework across Europe and Latin America

Law, Nature and the Ecosystem Approach

Lloyd's Insurance Law Library

Chinese Insurance Contracts: Law and Practice was the first systematic text written in English, offering a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. Thoroughly revised and updated to reflect the many developments within both professional and research environments since its original publication, this second edition also features two new chapters for understanding the law relating to insurance intermediaries and the mechanisms of insurance dispute resolution. The book provides a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined, and it presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice are identified and analysed; suggestions and recommendations on how to reform the law are presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. Pertinent cases are used to illustrate the difficulties which can arise in applying the principles in practice. This book is essential reading for insurance companies and legal practitioners looking to do business in China, as well as a vital reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.

Law and Practice

Chinese Insurance Contracts

Brings together contributions from the leading legal historians of both the current and next generations on topics spanning the entirety of law's history in England and Europe.

Querella

Essays in Law and History for David Ibbetson

This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.

Crossing Civil Law and Common Law Traditions

Evidential Legal Reasoning

This book presents a contemporary perspective on legal rights centred on the longstanding will theory-interest theory debate. Starting with classical rights literature, central aspects of the debate in its modern idiom are contextualised within a social theory setting developed from the writings of Max Weber. The book explores the idea that the institutional and coercive character of legal enforcement necessitates viewing legal rights as a locus of social power residing within the 'institutional imagination': that is, in the decision-making of key institutional actors such as judges, prosecutors, police, governmental authorities - and ultimately supreme court judges - who routinely mobilise coercive mechanisms towards the enforcement of legal rights and powers. This marks a departure from the trend of rights literature to view legal rights largely from the standpoint of the right-holder. The book also touches on whether the emerging perspective points towards a 'third way' beyond the traditional two theoretical approaches. A major task of the study is the construction of an archetypal supreme court judge - personifying the 'institutional imagination' - fashioned, via Weberian sociology, from a critique of Ronald Dworkin's 'Herculean' judge and measured against doctrinal exegesis that draws on sources which include UK higher appellate court judgments.

Legal Rights and the Institutional Imagination

Structured to reflect the process in practice, this book focuses on the key commercial, tax and legal issues that arise from business sales. By addressing fundamental issues from the perspective of both the seller and the purchaser it is a perfect handbook for all those involved in such acquisitions. From due diligence through to completion of the share purchase or business transfer agreement it contains clear, expert advice. The 12th edition has been updated to include: - Merger law changes in the Digital Markets - Competition and Consumers Act 2024 - Company law changes in the Economic Crime and Corporate Transparency Act 2023 - Changes to taxation, including capital gains tax on business sales The book includes case law such as: - MDW Holdings Limited v James Robert Norvill, Jane Rosemary Norvill and Stephen John Norvill [2022] EWCA Civ 883 (deceit and warranties on sale of a business) - BTI 2014 LLC v Sequana SA [2022] UKSC 25 (directors' duties) - Secretary of State for Business and Trade v Barnsby [2023] EWHC 2284 (Ch) (directors' liability) - Decision Inc Holdings Proprietary Ltd v Garbett [2023] EWHC 588 (Ch) (warranties) It also includes checklists, draft enquiries, letters of disclosure and a specimen completion agenda, together with an accompanying electronic download containing all the precedents in the work. This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Beswick and Wine on Buying and Selling Private Companies and Businesses

Directions

Contract Law Directions

Discharge of Contractual Obligations

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