Law of Misstatements

Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509901884
Format: PDF, ePub, Mobi
Download Now
2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.

Divergences in Private Law

Author: Andrew Robertson
Publisher: Bloomsbury Publishing
ISBN: 178225661X
Format: PDF, ePub, Docs
Download Now
This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.

Tort Law

Author: Nicholas J McBride
Publisher: Pearson UK
ISBN: 129220785X
Format: PDF, Kindle
Download Now
Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with critical discussion of the key academic debates and literature in the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level. Extensively updated, this new edition covers all important case-law and legislative developments, including the expansion of vicarious liability in Mohamud v Wm Morrison Supermarkets, the treatment of the notion of ‘defect’ under the Consumer Protection Act 1987 in Wilkes v Depuy International Ltd, the reinvigoration of the tort in Wilkinson v Downton by O (a child) v Rhodes, the recognition of a tort of the malicious institution of civil proceedings in Willers v Joyce, and the attempts to reform the law on the defence of illegality in Patel v Mirza.

Private Law in the 21st Century

Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509908595
Format: PDF, ePub
Download Now
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Law for Non Law Students

Author: Keith Owens
Publisher: Routledge
ISBN: 1135338671
Format: PDF, Docs
Download Now
Law for Non-Law Students is written in a clear and readable style and aims to make the law understandable for readers at undergraduate or comparable level. It explains the practical influences under which the law has been formed,so that the student will be better able to understand why the law has developed in the way that it has. It gives lots of straightforward examples as to how the law works in practice and aims to equip students with the ability to appraise the effectiveness of the law in a particular circumstance rather than simply providing a list of rules for the student to regurgitate at exam time. The facts of the more important cases are given in some detail to enable the student to appreciate the range of factors which the court may have taken into account in reaching its decision. The new edition has been updated to take account of all recent developments, both in relation to statute and to case law. Certain chapters, particularly in the area of sale of goods, have been substantially rewritten and expanded in an attempt to give more detail, while at the same time remaining student-friendly. New chapters on Agency and Negligence have been added. brThis new edition should be suitable for most courses which have a law element.

Private Law and Power

Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509906002
Format: PDF, ePub, Mobi
Download Now
The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

The Foundations and Future of Financial Regulation

Author: Mads Andenas
Publisher: Routledge
ISBN: 113504337X
Format: PDF, Mobi
Download Now
Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Private Law

Author: Kit Barker
Publisher: Cambridge University Press
ISBN: 1107039118
Format: PDF, Docs
Download Now
An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

Essential Law for Marketers

Author: Ardi Kolah
Publisher: Kogan Page Publishers
ISBN: 0749464518
Format: PDF
Download Now
Essential Law for Marketers doesn't assume any prior knowledge and has been designed to make UK and EU laws and regulations accessible for marketers at all levels. Jargon-free and easy to follow, it's widely acknowledged by professional bodies and legal experts as a masterful digest of all the main legal principles that need to be understood by sales and marketing professionals working in Europe. Written by one of the world's leading experts of sales and marketing law, this updated second edition of Essential Law for Marketers helps steer the reader through the legal minefield and provides unique strategies for using the law as a sales and marketing weapon in order to achieve competitive advantage. It covers making agreements; making statements in sales and marketing; legal barriers to market entry; legal requirement for sales and marketing activities; direct marketing and direct selling; EU Privacy and Electronic Communications Regulations; sales and price promotions; prize promotions and incentives and sponsorship and hospitality.

Economic Principles of Law

Author: Cento G. Veljanovski
Publisher: Cambridge University Press
ISBN: 1139464892
Format: PDF, Kindle
Download Now
Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.