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Thampapillai Dilan: Risk and Obligation
in a Time of Pandemics

Risk and Obligation in a Time of Pandemics

Black Swan Contracts

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

“Burch is the Jane Goodall of complex litigation. . . . For an expert in such an unlikable form of litigation, Burch is remarkably likable. She is quick to answer questions and quick-witted as well, a purveyor of analogies and metaphors to explicate arcane legal concepts and a walking archive of legal minutiae going back to the origins of product-liability law—the kind of professor a student hopes to find. . . . . Burch’s book cannot make this right, but it at least provides an account far more accessible and comprehensible than any case record, and no less appalling.” —Casey Cep, The New Yorker Selling the Dream meets Empire of Pain in this shocking, never-told-before story of three women caught in a web of telemarketing scammers, shady doctors, and profit-hungry lawyers who turned fears surrounding a faulty medical device affecting millions of women into a goldmine. For decades, late-night television has blared a familiar refrain: If you or a loved one has been injured by X product… But behind those ads lies a lesser-known world where elaborate scams revictimize the injured. Why else would thousands of women with health insurance take out loans with astronomical interest rates and fly to south Florida to have their pelvic mesh surgically removed at a chiropractor’s clinic? The Pain Brokers, by law professor Elizabeth Burch, is a damning investigation of a scheme made possible by a medical and legal complex that too often views women’s bodies as cash machines and fails to take their pain seriously. As Burch unfurls each level to the scheme, we meet an enthralling cast of characters, from a world class scam artist who reaped tens of millions of dollars at a south Florida call center, to the ultimate white shoe power lawyer who defended Big Pharma but became an unlikely hero, to a newly minted small-town Arkansas attorney who advocated for the unseen and unheard. But at the center are three women, Jerri, Barb, and Sharon, whose lives were upended by the very procedure they were told would save them. A page-turning, urgently necessary work of public service journalism, The Pain Brokers is not only a chilling exposé of a legal system gone awry, but a wake-up call to the ways in which it harms those it is meant to help.

How Con Men, Call Centers, and Rogue Doctors Fuel America's Lawsuit Factory

The Pain Brokers

International Studies in the Theory of Private Law

This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate 'contracts of adhesion'. The problem is not a new one, first recognised by Sir Frederick Pollock, but it has persisted over the intervening years. So though the question is a longstanding one, the answer provided by the book is truly innovative. It adopts a 'law in context' methodology to offer solutions. The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.

Resolving the Issues of Imposition and Unfairness in Standard Form Contracts

Regulating Boilerplate

Hart Studies in Private Law

This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law. It examines the question, primarily, by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd clearly showing the differing positions taken by English courts on the question. By applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.

Unjust Enrichment and Countervailing Obligations

Freedom of contract is a fundamental principle of European Union law, a necessary condition for exercising the freedom to choose an occupation and the freedom to conduct a business. Since the global financial crisis, a vast body of regulatory rules has been developed, and freedom of contract of banks and other financial institutions is being restricted, often to protect the weaker party or achieve public policy goals. Freedom of Contract in the European Financial Sector provides a robust analysis of freedom of contract and its restrictions in the European financial sector. Covering EU financial supervision law, general EU law, contract law, and consumer law, this book examines how the interplay between freedom of contract and the protection of the weaker party and the promotion of other public interests impacts banks and other financial institutions. Timely and thought-provoking, this book explores fundamental legal principles and their practical implications that will be highly relevant to scholars and practitioners not only in the EU, but also in the UK, the US, Switzerland, Singapore, and Hong Kong.

Freedom of Contract in the European Financial Sector

Private Law and the State

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

An Academic Autobiography

PS Atiyah

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 lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

Kooperationswerke Beck - Hart

European Contract Law

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

Risk and Obligation in a Time of Pandemics

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