Read more
This rich compendium brings together selected key essays on the fundamental concepts and policy issues of English domestic commercial law by Professor Sir Roy Goode QC. Professor Goode is one of the most influential commercial law scholars of the last half-century and his works, which include deep analysis of previously unexplored issues, are characterized by an ability to express the most complex ideas in language of crystal clarity.
The essays are grouped thematically into sections, each accompanied by an introduction from the author which sets the essays in their historical and modern context. This valuable authorial insight illuminates the way the law has developed since, and often as a result of, the publication of the papers. Further new material, written especially for this volume, includes a new essay 'Res Cogitans: Food for Thought'.
Spanning a career of over fifty years, these innovative and forward-thinking essays broke new ground at the time of their orginal publication and continue to influence decisions and legal thinking to this day, both in the UK and abroad.
List of contents
- PART I. INSTALMENT CREDIT LAW
- 1: Some Problems of Hire-Purchase Law
- 2: Reflections on Credit Law
- PART II. CONTRACT LAW
- 3: Abstract Payment Undertakings
- 4: Inalienable Rights?
- 5: Contractual Prohibitions Against Assignment
- PART III. CONCEPTS OF PERSONAL PROPERTY
- 6: Ownership and Obligation in Commercial Transactions
- 7: The Nature and Transfer of Rights in Dematerialised and Immobilised Securities
- 8: Are Intangible Assets Fungible?
- PART IV. COMMERCIAL LAW
- 9: Concepts of Payment in Relation to the Expropriation or Freezing of Bank Deposits
- 10: The Concept and Implications of a Market in Commercial Law
- 11: The Shaping of Commercial Law
- 12: The Codification of Commercial Law
- 13: Removing the Obstacles to Commercial Law Reform
- 14: The Res Cogitans: Communis Error Facit Ius?
- PART V. SECURED TRANSACTIONS
- 15: Charges over Book Debts: A Missed Opportunity
- 16: Charge-backs and Legal Fictions
- 17: The Case for the Abolition of the Floating Charge
- 18: The Modernisation of Personal Property Security Law
- PART VI. UNJUST ENRICHMENT AND RESTITUTION
- 19: The Bank's Right to Recover Money Paid on a Stopped Cheque
- 20: Property and Unjust Enrichment
- 21: Proprietary Restitutionary Claims
- PART VII. CORPORATE INSOLVENCY
- 22: Is the Law too Favourable to Secured Creditors?
- 23: The Avoidance of Transactions in Insolvency Proceedings and Restiutionary Defences
- 24: The Perpetual Trustee Case
- PART VIII. Occupational Pensions
- 25: Defining and Protecting the Pension Promise
- 26: Occupational Pensions: Securing the Pension Promise
- PART IX. LEGAL EDUCATION
- 27: The Academic Stage of Legal Education: A Non-Vocational View
- 28: The Teaching and Applications of Fundamental Concepts of Commerical Law
- 29: The European Law School
About the author
Professor Sir Roy Goode QC is Emeritus Professor of Law at the University of Oxford and Emeritus Fellow of St John's College, Oxford. He was formerly the Crowther Professor of Credit and Commercial Law at Queen Mary, University of London, where he was the founder and first director, and is the current Honorary President of the Centre for Commercial Law Studies.
Summary
This rich compendium brings together selected key essays on the fundamental concepts and policy issues of English domestic commercial law by Professor Sir Roy Goode QC. Professor Goode is one of the most influential commercial law scholars of the last half-century and his works, which include deep analysis of previously unexplored issues, are characterized by an ability to express the most complex ideas in language of crystal clarity.
The essays are grouped thematically into sections, each accompanied by an introduction from the author which sets the essays in their historical and modern context. This valuable authorial insight illuminates the way the law has developed since, and often as a result of, the publication of the papers. Further new material, written especially for this volume, includes a new essay 'Res Cogitans: Food for Thought'.
Spanning a career of over fifty years, these innovative and forward-thinking essays broke new ground at the time of their orginal publication and continue to influence decisions and legal thinking to this day, both in the UK and abroad.
