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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: T.T. Arvind; Jenny Steele
Publisher: Hart Publishing
ISBN: 9781509943449

Published In: February 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509926107

List Price: HKD 779.87

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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.

1. Introduction: Legislation and the Shape of Contract Law

T.T. 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

T.T. 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

T.T. Arvind and Jenny Steele

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