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Politics, Policy and Private Law: Volume II: Contract, Commercial and Company Law

Coming Soon Politics, Policy and Private Law: Volume II: Contract, Commercial and Company Law

Politics, Policy and Private Law: Volume II: Contract, Commercial and Company Law

Author: Jodi Gardner; Amy Goymour; Janet O'Sullivan; Sarah Worthington
Publisher: Hart Publishing
ISBN: 9781509961054

Published In: December 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509961016

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This ambitious and expert study explores the role of policy in shaping private law, focusing on equity, tort law and property law.

This collection, the second of a two-part study, looks at private law through the policy prism. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it.

This second volume explores contract, commercial and corporate law. Both studies engage with modern challenges and technical developments that now inform private law, with chapters in this volume looking at corporate law and not-for-profit and unconscionable bargains to modern day transactions. They also explore traditional private law areas through a novel lens, such as the gig economy. They highlight the similarities and differences across the different aspects of private law, allowing for a richer analysis across all the strands of private law. This is a landmark and ambitious project undertaken by a team of acknowledged experts in their fields.

Part One: Policy, Politics and Contract Law

Chapter 1. The Politics of Contract Interpretation, Prince Saprai

Chapter 2. Policy and Implication in Contractual Discretions, Christopher Hose

Chapter 3. The Policy Behind Remoteness in Contract Damages: Beyond Voluntary Assumption of a Risk or Gap Filling, Katy Barnett

Part Two: The Policy and Politics of Private Law in the Commercial and Corporate World

Chapter 4. The Role of Policy in the Creation of Transnational Commercial Private Law Instruments, Louise Gullifer

Chapter 5. Allocating the Risk of Wrongful Payments: An Historical Perspective, Stephen Watterson

Chapter 6. Corporate Mistake, Elise Bant

Part Three: The Policy and Politics of Private Law in the Consumer World

Chapter 7. The Policy of Responses to Unequal Bargaining Power in Consumer Contracts: Unconscionable Bargains, Statutory Rights and Ombudsman Discretion, Jeannie Marie Paterson

Chapter 8. Exploring Beyond the Rational Consumer: Insights into Competition Law and Consumer Policy, Luz Daniel

Chapter 9. Private Law, Intellectual Property Law and the Right to Repair, Poorna Mysoor