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Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC

Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC

Author: Edwin Peel; Rebecca Probert
Publisher: Oxford University Press
ISBN: 9780198889762
Published In: November 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour.

The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms.

All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.

I. Contract

1:Facility, Circumvention, Economic Duress and the Corporate Veil, Hector MacQueen

2:Good Faith in English Contract Law: Lessons from Comparative Law?, John Cartwright

3:Rethinking Reliance Damages for Breach of Contract, Richard Taylor

4:The Illegality Defence in the Courts Today, Andrew Burrows

5:Schrödinger's Lawful Act Duress: Dead or Alive?, Mindy Chen-Wishart & Jodi Gardner

6:Contracts and Relationships of Love and Trust, Rebecca Probert & Tim Dodsworth

7:Shades Of Frustration, William Day

8:Repeal the Law Reform (Frustrated Contracts) Act 1943, Robert Stevens

9:Contractual Interpretation: Meaning, Intention and Disembodied Spirits, Adam Kramer

10:Contractual Interpretation: Antinomies and Boundaries, Philip Sales

11:The Damage in Negotiating Damages, Sarah Worthington

12:The Critical Reception of Cavendish Square Holdings v Makdessi, Roger Halson

II. Tort

13:Direct and Vicarious Liability of Corporations, James Edelman

14:Damage to 'Other Property': Exploring the Boundary Between Property Damage and Pure Economic Loss, Donal Nolan

15:Procuring Wrongs, James Goudkamp

III. Commercial

16:Who Can Sue the Obligor when Receivables are Financed?, Louise Gullifer

17:The 'Tripartite Guide' to Uniform Instruments in the Area of International Commercial Contracts: Background, Status, and Legal Effects, Stefan Vogenauer

18:The Sale of Goods Act and the Nature of Sales, Hugh Beale

19:Transnational Commercial Law and Impediments to its Development, Roy Goode

IV. Unjust Enrichment

20:Mistakes of Law, Again, Helen Scott

21:The External Shield of a Contract - Torts, Equity, Restitution, Nili Cohen

22:Unjustified Enrichment in China: An Uncertain Path, Qiao Liu

23:Implied Terms and Restitution, Edwin Peel