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Contract Law and the Legislature: Autonomy, Expectations, and the Making of Legal Doctrine

Contract Law and the Legislature: Autonomy, Expectations, and the Making of Legal Doctrine

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509926107
  • Published In: August 2020
  • Format: Hardback , 488 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
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    This volume revisits some of the key debates about the nature and shape of contract law, in the 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 draw almost exclusively 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 which 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.

  • 1. Introduction: Legislation and the Shape of Contract Law
    TT Arvind and Jenny Steele

    PART I
    REMAKING THE LAW: THE PURPOSES AND EFFECTS OF STATUTES
    2. Preservation, Removal and Freezing of the Common Law by Statute
    Andrew Burrows
    3. History, Context and the Problem of Juristic Method: The Chancery Amendment Act 1858 and the Law of Contract
    TT Arvind and Jenny Steele
    4. The Lasting Impact of the Judicature Acts 1873–1875 upon Contract Law
    Catharine MacMillan
    5. Contract and the Challenge of Consumer Protection Legislation
    Jeannie Paterson and Elise Bant
    6. A Reputation for Boldness: Statutory Reform of Contract Law in New Zealand
    Warren Swain

    PART II
    FAIRNESS, COMMERCIALITY AND THE NATURE(s) OF CONTRACT
    7. The Consequences of Defying the System of Natural Liberty: The Absurdity of the Misrepresentation Act 1967
    David Campbell
    8. Two Laws of Contract, or One?
    Steve Hedley
    9. Compulsion, Choice and Statutory Intervention in Contract: Implied Terms of Quality in Sale of Goods
    Jonathan Morgan
    10. Contract Law Reform by Statute in a Common Law System: The Work of the Law Commissions
    Hector MacQueen
    11. The Reform of French Contract Law: The Struggle for Coherency
    Solène Rowan
    12. Statutes and the Common Law of Contracts: A Shared Methodology
    Juliet P Kostritsky
    13. Insurance and Price Regulation in the Digital Era
    James Davey

    PART III
    CONTRACTS AND SOCIAL ORGANISATION
    14. 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
    15. Regulating Commercial Contracts: What can we Learn from Part II of the Housing Grants, Construction and Regeneration Act 1996?
    Charlotte Ellis
    16. Contractual Enforceability and Surrogacy Arrangements: Mapping the Moral Limits
    Aisling McMahon
    17. Contract Law and Economic Reform in China
    Ding Chen
    18. Relational Regulation – The Role of Contract and the Evolution of Habitat Protection Legislation
    Stuart Bell

    PART IV
    CONCLUSION
    19. Remapping Contract Law: Four Perceptions of Markets
    TT Arvind and Jenny Steele

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