Introduction to Contract Law Pdf Uk
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Specific Performance As Remedy for Breach of Athletes' Contracts By
Specific performance as remedy for breach of athletes’ contracts by Kenneth Lindsay Mould Submitted in fulfilment of the requirements for the degree LL.D In the Faculty of Law, University of Pretoria September 2014 Supervisor : Professor S.J. Cornelius CONTENTS Acknowledgments Summary Declaration of originality Chapter 1: Introduction and background 1.1.Introduction 1. 1.2.Background 6. Chapter 2: The development of the contractual obligation in Roman law, Roman-Dutch law and English law 2.1. Introduction 17. 2.2. The development of the contract in Roman law 17. 2.2.1. Nexum 18. 2.2.2. The development of the contract in Roman law since nexum 19. 2.2.2.1. Contractus verbis 19. 2.2.2.2. Contractus litteris 20. 2.2.2.3. Contractus re 21. 2.2.2.4. Contractus ex consensus 23. 2.3. The development of the contract in Roman-Dutch law 24. 2.4. The development of the contract in English law 27. 2.5. The concept of a contract in current South African law 35. 2.6. Conclusion 36. Chapter 3: Origins and nature of the athlete’s contract 3.1. Introduction 44. 3.2. The meaning of sui generis as it relates to contracts 44. 3.3. The contract of employment in Roman law 47. 3.4. The contract of employment in Roman-Dutch law 48. 3.5. The contract of employment in English law 49. 3.6. The contract of employment in South African law 56. 3.7. The nature of the athlete’s contract 62. 3.8. Conclusion 79. -
Rectification of Documents: Removing Unnecessary Complexity
University of New England School of Law TOPIC: Rectification of Documents: Removing Unnecessary Complexity A Dissertation submitted by John Patrick Tarrant, SJD For the award of Doctor of Philosophy June 2017 Page | 1 ABSTRACT Within the equitable doctrine of rectification, a distinction between common or mutual mistake and unilateral mistake is currently adopted by courts, litigants and scholars. Based on this distinction the focus of a court is to identify who made a mistake and who had knowledge of any mistake. This approach is unhelpful and has led to unnecessary complexity which has been identified by judges and scholars in several recent cases in England and Australia. In addition, the boundary between common law construction and the equitable doctrine of rectification has become less clear. To address the complexity of the law and the uncertain boundary between construction and rectification this thesis examines the scope of the common law approach to construction, identifies the current law relating to when rectification will be granted, outlines in what ways is it difficult to reconcile the current case law, and explains where the law of rectification went wrong. After addressing those matters the thesis explains how the case law on the equitable doctrine of rectification needs to be restated, in accordance with principles established in earlier case law, so that the law is coherent and principled. This provides a comprehensive solution to the uncertainty and complexity in the law of rectification. The solution includes arguing that the distinction between common or mutual mistake and unilateral mistake should be rejected and that the correct distinction is between two different types of mistakes: mistakes made in the recording of agreements and mistakes made during the formation of agreements. -
Sale and Supply of Goods, Third Edition
SALE AND SUPPLY OF GOODS Third Edition Cavendish Publishing Limited London • Sydney SALE AND SUPPLY OF GOODS Third Edition Professor Michael Furmston TD, MA, BCL, LLM, Barrister Bencher of Gray’s Inn Emeritus Professor of Law and Senior Research Fellow The University of Bristol Cavendish Publishing Limited London • Sydney Third edition first published 2000 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0) 20 7278 8000 Facsimile: +44 (0) 20 7278 8080 E-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com © Furmston, MP 2000 First edition 1994 Second edition 1995 Third edition 2000 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher. British Library Cataloguing in Publication Data Furmston, MP (Michael Philip) Sale & supply of goods—3rd ed 1 Sales—England 2 Sales—Wales I Title 346.4’2’072 ISBN 1 85941 495 8 Printed and bound in Great Britain CONTENTS Table of Cases ix Table of Statutes xvii Table of Statutory Instruments xxi 1 INTRODUCTION 1 The Origins of Sales Law 1 The Borderline between Contract Law and Sales Law 2 Is the Sale of Goods -
Commercial and Consumer
COMMERCIAL AND CONSUMER LAW CONSUMER AND COMMERCIAL Are Scottish bank notes legal tender in the UK? Find out on page 310 If you worked in a restaurant, would you be entitled to customer tips processed on a credit card? Find out on page 323 If you brought something on eBay could you claim your money back from your credit card company if you didn’t receive it? Find out on page 524 If you booked a package holiday and your hotel wasn’t booked when you arrived, could you take any action against the tour operator? Find out on page 418 In Commercial and Consumer Law, a team of specialists draw upon their extensive expertise in this fi eld to provide you with this essential guide to the key legislation and case law relating to both domestic and international commercial transactions. Recognising that commercial and consumer law does not operate in isolation, the book offers not only a scholarly, yet highly readable, account of commercial and consumer law principles, but also highlights the commercial and socio-economic context of the law. To help you get the most from the book, a range of features designed to support you during your study are used throughout including: • Summaries of the essential cases and extracts from key legislative provisions that you will need to draw upon when answering problem or essay questions • Debate and issues boxes to highlight particularly contentious areas of the law and help you refi ne your critical analysis skills necessary for gaining those top marks in exams • Real life examples to illustrate how the law in this area operates in practice • Further reading lists at the end of all chapters point you to relevant academic articles enabling you to delve deeper into the academic debates surrounding the subject COMMERCIAL AND Commercial and Consumer Law is particularly suitable for both undergraduate and postgraduate law students.