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Catalogue complet

Issues in the Law of Rescission

Studies in the Contract Laws of Asia

This fifth volume in the acclaimed Studies in the Contract Laws of Asia series offers a comprehensive comparative analysis of contract termination and change of circumstances across thirteen key Asian jurisdictions: China, India, Japan, Hong Kong, Taiwan, South Korea, Singapore, Malaysia, Myanmar, Vietnam, Thailand, the Philippines, and Indonesia. Drawing on four major legal traditions-Napoleonic, German, common law, and the Indian Contracts Act-the volume explores how these Asian systems handle core issues such as withholding performance, termination for breach, impossibility, and adaptation of contracts under unforeseen hardship. While many jurisdictions converge on basic principles, striking differences emerge in how they allocate risk and define fairness, particularly in response to changing circumstances. From Indonesia's requirement of judicial termination to China's unique approach to court-led contract adaptation, this volume reveals the deep influence of historical legal traditions and modern innovations on current commercial practice. It highlights both the complexity and richness of Asian contract laws, offering valuable insights for scholars, practitioners, and policymakers seeking to understand or harmonize legal approaches in a rapidly evolving economic region.

Ending and Changing Contracts

'This is an excellent and comprehensive book which can be recommended without reservation. The Conveyancer and Property Lawyer* 'Up to date, practical and relevant.should be bought by all agricultural lawyers, land agents and those concerned with land management.' Agricultural Law Association Bulletin* Agricultural Law provides comprehensive guidance on all aspects of the law governing agricultural property. It provides detailed coverage not only of farm tenancy law and land tenure, but also of the law governing land use. The book covers agricultural tenancies, tied cottages, planning law, the legal implications of farm diversification, the Basic Payment Scheme and post-Brexit agricultural policy development in both England and Wales. It also discusses management agreements for promoting nature conservation, and the environmental regulation of rural land use. The Fifth Edition has been updated to include an examination of: - The Agriculture Act 2020 - The Environment Act 2021 - The Environmental Land Management Scheme (ELMs) in England - Recent case law affecting both environmental regulation and planning, and agricultural tenancies - Changes to planning and tenancy legislation This book is essential reading for all professionals involved in agricultural property work, including lawyers, land agents, agricultural valuers and surveyors, as well as for students of estate management and property law. This title is included in Bloomsbury Professional's Property and Land Law online service.

Agricultural 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 2 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.

Doctrinal Problems for Modern Property Law

Modern Studies in Property Law, Volume 13, Part 2

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Life has become an endless series of contracts--this is the manual. There's no reason to risk your hard-earned money signing a contract you don't understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you'll grasp mysterious concepts like "force majeur," "indemnity," and "time is of the essence." Contracts: The Essential Business Desk Reference is more than just an A-Z explanation of over 300 terms. It also includes: <ul> <li>common negotiating strategies </li><li>examples of contract provisions </li><li>sample contract clauses and entire contracts </li><li>examples of illegal and dangerous contract clauses </li><li>what to expect if you or the other side breaks a contract </li><li>up-to-date explanations of electronic contracts, and </li><li>tips on amending and modifying agreements. </li></ul> Whether you're starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students--and anyone else whose success is built around understanding and negotiating agreements.

The Essential Business Desk Reference

Contracts

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

International Studies in the Theory of Private Law

A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law

This book explores the impact of the European Convention on Human Rights (ECHR) when defining and protecting pension entitlements as property rights. The sustainability of pension systems in Europe is threatened by mounting public debt and demographic shifts. In recent decades, governments have addressed these challenges by implementing reforms to balance financial stability and guarantee adequate retirement benefits. Many of these reforms have faced legal challenges from activists and lawyers in domestic courts, based on 'stand-still' and 'non-retrogression' constitutional principles. However, Article 1 of Protocol No. 1 of the ECHR offers an alternative approach that protects social security entitlements, including pensions, as private property, deserving of protection against unjustified state interference. This book explores the historical legal rationale employed by the Court to establish social security entitlements as private property. It further examines how the Court has assessed reforms through a proportionality assessment that weights public interests against individual rights. This analysis distils key principles such as reasonableness, non-discrimination, and fair distribution of burdens that can guide policymakers towards responsible, rights-compliant reform. Hartmann-Cortés prompts critical inquiry into an often-overlooked framework that will be of interest to policymakers, legal scholars, and anyone engaged in debates at the intersection of pension law, property rights, and social welfare law.

Insights from the European Convention on Human Rights

Pensions as Property

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

The dramatic story of how a small neighborhood in Connecticut became the site and symbol of a political conflict over the use of eminent domain, mobilizing a national property rights movement. In 2000, Susette Kelo and other residents of the Fort Trumbull neighborhood sued the city of New London, Connecticut. Two years earlier, the pharmaceutical giant Pfizer had built a facility adjacent to this area. Shortly thereafter, the city empowered the privately owned New London Development Corporation to use the power of eminent domain to implement a “comprehensive redevelopment plan” for the neighborhood. While the plaintiffs argued that economic development did not qualify as a valid “public use” under the Takings Clause of the Fifth Amendment, the Supreme Court decided in a controversial 2005 decision that the potential economic benefits of the plan justified the condemnation of private property as long as appropriate compensation was paid. The Kelo decision implied that any town could transfer property to private developers on the grounds of possible future tax revenue and job creation, so long as that action was included in an economic development plan. The outrage over the decision unleashed a near-unanimous backlash, even resulting in an executive order from President George W. Bush instructing the federal government to limit the use of eminent domain. Numerous states passed ballot initiatives and legislation restricting eminent domain in the wake of the Kelo case. Despite this outcry, urban planners and others defended it as a necessary application of existing precedent that allowed cities flexibility to combat economic downturns. Lead plaintiff Susette Kelo and her pink house became a symbol of a growing national property rights movement and a deepening conflict between public officials and property owners, between large corporations and local communities. Perhaps most disastrously, after bulldozing the neighborhood the developer was unable to secure the necessary financing and abandoned the project, leaving empty lots where the plaintiffs’ properties once stood. It would be many years before a feasible plan led to actual new construction and improvements. Not for Sale recounts this iconic episode in recent legal history, giving full attention to both the human and legal elements of the story and offering a balanced consideration of each. The story remains as relevant as ever, especially since the Supreme Court has repeatedly refused to reconsider its decision, most recently in Bowers Development, LLC v. Oneida County Industrial Development Agency (2025).

Kelo V. New London and the Modern Debate Over Eminent Domain

Not for Sale

Law, Theory and Practice

Insurability of Emerging Risks

The question explored in this book is how contracts can manage uncertainties. Commercial parties face uncertainties on a regular basis. Market fluctuations, new laws and regulations, pandemics, rapid technology advancements, and geopolitical tensions are all examples of events whose nature cannot be easily foreseen or captured by the contractual parties' expectations. One possible way of addressing the uncertainty generated by such risks and events is through reliance on established contractual doctrines, such as variation or frustration. Under English law, these doctrines are traditionally limited. Another, and typically preferable, method is for contract drafters to include clauses that modify, suspend, or terminate the obligations or liabilities of one (or both) of the parties, or clauses that at least open up the options for renegotiation. Examples include material adverse change (or effect) clauses, hardship clauses, performance clauses, termination or suspension clauses, remedies clauses, and variation clauses. Such clauses raise a range of issues concerning their interpretation, effect and enforceability; the consequences that follow when the clauses do not work as planned; the consequences of allocating contractual discretion to a party to determine the existence of the relevant risk or event; and the extent to which the existence of specific clauses changes the options available to the parties beyond what general contract law principles offer. The book advances the understanding of how the law deals with the unexpected and is an essential read for academics, students, and practitioners, including contract drafters, legal advisors, and litigation lawyers.

Contract Law and the Unexpected

Issues in the Law of Rescission

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