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Contract law and the legislature / edited by TT Arvind and Jenny Steele.

By: Contributor(s): Material type: TextPublisher: Oxford [England] : Hart Publishing, 2020Distributor: [London, England] : Bloomsbury Publishing, 2020Edition: First editionDescription: 1 online resource (x, 472 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509926138
  • 9781509926121
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 346.4202/2 23
LOC classification:
  • KD1554.A75 C66 2019eb
Online resources: Available additional physical forms:
  • Also published in print.
Contents:
Introduction : Legislation and the Shape of Contract Law / -- TT Arvind and Jenny Steele -- Preservation, Removal and Freezing of the Common Law by Statute / Andrew Burrows -- History, Context and the Problem of Juristic Method: The Chancery Amendment Act 1858 and the Law of Contract / -- TT Arvind and Jenny Steele -- The Lasting Impact of the Judicature Acts 1873-1875 upon Contract Law / Catharine MacMillan -- Contract and the Challenge of Consumer Protection Legislation / Jeannie Paterson and Elise Bant -- A Reputation for Boldness : Statutory Reform of Contract Law in New Zealand / Warren Swain -- The Consequences of Defying the System of Natural Liberty : The Absurdity of the Misrepresentation Act 1967 / -- David Campbell -- Two Laws of Contract, or One? / Steve Hedley -- Compulsion, Choice and Statutory Intervention in Contract : Implied Terms of Quality in Sale of Goods / Jonathan Morgan -- Contract Law Reform by Statute in a Common Law System : The Work of the Law Commissions / Hector MacQueen -- The Reform of French Contract Law : The Struggle for Coherency / Solène Rowan -- Statutes and the Common Law of Contracts : A Shared Methodology / Juliet P Kostritsky -- Insurance and Price Regulation in the Digital Era / James Davey -- Understanding the (Re-)regulation of Private Renting in England : Karl Polanyi, the Rogue Landlord, the Responsible Tenant and the Decent Home / Helen Carr and Rowan Alcock -- Regulating Commercial Contracts : What can we Learn from Part II of the Housing Grants, Construction and Regeneration Act 1996? / Charlotte Ellis -- Contractual Enforceability and Surrogacy Arrangements : -- Mapping the Moral Limits / Aisling McMahon -- Contract Law and Economic Reform in China / Ding Chen -- Relational Regulation : The Role of Contract and the Evolution of Habitat Protection Legislation / Stuart Bell -- Remapping Contract Law : Four Perceptions of Markets / TT Arvind and Jenny Steele
Summary: "This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law."-- Provided by publisher.
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Includes bibliographical references and index.

Introduction : Legislation and the Shape of Contract Law / -- TT Arvind and Jenny Steele -- Preservation, Removal and Freezing of the Common Law by Statute / Andrew Burrows -- History, Context and the Problem of Juristic Method: The Chancery Amendment Act 1858 and the Law of Contract / -- TT Arvind and Jenny Steele -- The Lasting Impact of the Judicature Acts 1873-1875 upon Contract Law / Catharine MacMillan -- Contract and the Challenge of Consumer Protection Legislation / Jeannie Paterson and Elise Bant -- A Reputation for Boldness : Statutory Reform of Contract Law in New Zealand / Warren Swain -- The Consequences of Defying the System of Natural Liberty : The Absurdity of the Misrepresentation Act 1967 / -- David Campbell -- Two Laws of Contract, or One? / Steve Hedley -- Compulsion, Choice and Statutory Intervention in Contract : Implied Terms of Quality in Sale of Goods / Jonathan Morgan -- Contract Law Reform by Statute in a Common Law System : The Work of the Law Commissions / Hector MacQueen -- The Reform of French Contract Law : The Struggle for Coherency / Solène Rowan -- Statutes and the Common Law of Contracts : A Shared Methodology / Juliet P Kostritsky -- Insurance and Price Regulation in the Digital Era / James Davey -- Understanding the (Re-)regulation of Private Renting in England : Karl Polanyi, the Rogue Landlord, the Responsible Tenant and the Decent Home / Helen Carr and Rowan Alcock -- Regulating Commercial Contracts : What can we Learn from Part II of the Housing Grants, Construction and Regeneration Act 1996? / Charlotte Ellis -- Contractual Enforceability and Surrogacy Arrangements : -- Mapping the Moral Limits / Aisling McMahon -- Contract Law and Economic Reform in China / Ding Chen -- Relational Regulation : The Role of Contract and the Evolution of Habitat Protection Legislation / Stuart Bell -- Remapping Contract Law : Four Perceptions of Markets / TT Arvind and Jenny Steele

Abstract freely available; full-text restricted to individual document purchasers.

"This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law."-- Provided by publisher.

Also published in print.

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