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Issues in the Law of Rescission

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

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

In today's global markets, commercial contracts are the backbone of complex financial and corporate transactions. Yet despite their centrality, these documents are often riddled with flaws-ambiguous terms, outdated provisions, and strategic traps-that persist across deals and markets. Legal theory tends to overlook these imperfections, assuming contracts are coherent, intentional, and complete. But the reality of contract production tells a different story. Contract Hazards: Lawyers and Their Landmines investigates the hidden dangers embedded in standardized contract language. These "landmines" are not rare mistakes-they are structural features of how contracts are assembled under pressure, often from recycled precedent and boilerplate. Drawing on both qualitative and quantitative research, it explores how flawed terms originate, why they endure, and how they are sometimes exploited by lawyers when deals unravel. Focusing on markets such as sovereign bonds, mergers, and syndicated loans, this analysis traces how different legal communities respond to these flaws-some seeking to repair them, others learning to weaponize them. While landmines are widespread, the behavior of lawyers and the institutional dynamics of each market shape how they are managed. By bridging the gap between contract theory and contract practice, Contract Hazards offers a compelling new perspective on how legal documents evolve. It challenges conventional assumptions and illuminates the complex, often messy realities of modern contract drafting.

Lawyers and Their Landmines

Contract Hazards

The Rebirth of Contract is a comprehensive guide for judges, academics, and students seeking to understand the contract law doctrine of 'promissory estoppel.' It provides evidence that this doctrine was artificially invented and historically unprecedented and offers economic and moral grounds for repudiating it. The book also presents an analytic framework for deciding 'promissory estoppel cases' using traditional contract law tools. By tracing the historical development of Anglo-American contract law since the Norman conquest of England, the book provides a forensic investigation into and refutation of the claims of historical precedent upon which promissory estoppel was marketed to the American judiciary and academy. The Rebirth of Contract includes a law and economics analysis of both traditional contract law and promissory estoppel, focusing on Pareto improving transactions. Finally, it offers a roadmap for returning to traditional contract law.

Putting Promissory Estoppel to the Sword

The Rebirth of Contract

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.

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

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

This book explores how artificial intelligence is reshaping the foundations of contract formation under English contract law. As AI systems take on critical roles in forming agreements, traditional legal principles rooted in human decision-making are being challenged. The book introduces the concept of the "meeting of the algorithms" as a modern alternative to the conventional "meeting of the minds," emphasizing how AI-driven contracts differ from human-based ones. Focusing on algorithmic contracting where both parties operate AI systems-particularly those based on machine learning-the book challenges the adequacy of traditional legal doctrines and terminology. It provides a structured analysis of the legal, conceptual, and doctrinal challenges raised by contracts formed without human intervention at the point of agreement. The book proposes a new legal framework that accommodates algorithmic systems as communication and decision-making tools. It redefines consent, examines the attribution of knowledge and intention, and identifies the legal moment of formation in automated contracting environments. It shows how AI-driven contracting is forcing contract law to evolve without relying on fictional agency constructs or debates around legal personhood. Artificial Intelligence in Contract Formation will appeal to researchers of contract law, technology law, and private law theory, as well as legal practitioners interested in AI governance and legal innovation. It contributes to ongoing debates on AI and law, and offers a roadmap for integrating algorithmic transactions into the mainstream of contract doctrine.

Explores how artificial intelligence is reshaping the foundations of contract formation under English contract law.

Algorithmic Contracting and Doctrinal Challenges in English Law

Artificial Intelligence in Contract Formation

Directions

Contract Law Directions

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

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

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

A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law

Issues in the Law of Rescission

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