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Shaping the Law of Obligations presents a collection of essays in honour of Ewan McKendrick KC, discussing compelling questions and ideas in the areas of contract, tort, unjust enrichment, and commercial law.
List of contents
- I. Contract
- 1: Hector MacQueen: Facility, Circumvention, Economic Duress and the Corporate Veil
- 2: John Cartwright: Good Faith in English Contract Law: Lessons from Comparative Law?
- 3: Richard Taylor: Rethinking Reliance Damages for Breach of Contract
- 4: Andrew Burrows: The Illegality Defence in the Courts Today
- 5: Mindy Chen-Wishart and Jodi Gardner: Schrödinger's Lawful Act Duress: Dead or Alive?
- 6: Rebecca Probert and Tim Dodsworth: Contracts and Relationships of Love and Trust
- 7: William Day: Shades Of Frustration
- 8: Robert Stevens: Repeal the Law Reform (Frustrated Contracts) Act 1943
- 9: Adam Kramer: Contractual Interpretation: Meaning, Intention and Disembodied Spirits
- 10: Philip Sales: Contractual Interpretation: Antinomies and Boundaries
- 11: Sarah Worthington: The Damage in Negotiating Damages
- 12: Roger Halson: The Critical Reception of Cavendish Square Holdings v Makdessi
- II. Tort
- 13: James Edelman: Direct and Vicarious Liability of Corporations
- 14: Donal Nolan: Damage to 'Other Property': Exploring the Boundary Between Property Damage and Pure Economic Loss
- 15: James Goudkamp: Procuring Wrongs
- III. Commercial
- 16: Louise Gullifer: Who Can Sue the Obligor when Receivables are Financed?
- 17: Stefan Vogenauer: The 'Tripartite Guide' to Uniform Instruments in the Area of International Commercial Contracts: Background, Status, and Legal Effects
- 18: Hugh Beale: The Sale of Goods Act and the Nature of Sales
- 19: Roy Goode: Transnational Commercial Law and Impediments to its Development
- IV. Unjust Enrichment
- 20: Helen Scott: Mistakes of Law, Again
- 21: Nili Cohen: The External Shield of a Contract - Torts, Equity, Restitution
- 22: Qiao Liu: Unjustified Enrichment in China: An Uncertain Path
- 23: Edwin Peel: Implied Terms and Restitution
About the author
Edwin Peel is Professor of Law at Keble College, Oxford, where he has taught since 1994. He was previously a Lecturer at Leeds University. He is most well known as the author of Treitel: The Law of Contract and has published more widely in the areas of Contract, Torts, Shipping and Private International Law.
Rebecca Probert is Professor of Law at the University of Exeter, having previously held posts at the Universities of Aberystwyth, Sussex, and Warwick. She has also served as a specialist advisor to the Law Commission. Her research focuses on the law and history of marriage, bigamy, divorce, and cohabitation.
Summary
Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour.
The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms.
All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.
