Common mistake:theoretical justification and remedial inflexibility

Discusses the implications for the doctrine of common mistake of the Court of Appeal ruling in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd on whether a contract for the hire of a ship was void on the ground of common mistake regarding the position of the ship. Reviews the origins of the doctrine of common mistake and the relationship between the doctrine and the implication of terms. Considers the determination of impossibility. Examines the role of equity in common mistake and remedial equitable intervention.

Undue influence and the family home

This book provides a comprehensive analysis of the doctrine of undue influence in the context of the family home and fully incorporates the recent House of Lords ruling in Royal Bank of Scotland v Etridge (No 2) (2001). It is aimed predominantly at the legal practitioner, but will also act as a useful source of reference for academics and students of contract, land law and equity and trusts. Emphasis is placed on claims brought by spouses (usually the wife) seeking to set aside a charge over the matrimonial home made in favour of a lending institution. The role of lenders in this context is also examined in depth, as is the part played by the solicitor acting on behalf of the parties. Apart from providing an exposition of the doctrine and its key elements, the book also gives a broader outlook by examining the Commonwealth experience (notably in Australia, Canada and New Zealand) and suggesting an underlying concept of unconscionability as governing undue influence claims. There is also a separate chapter on remedies, as well as an appendix containing a number of draft pleadings for use by the legal practitioner. In the foreword, the Honourable Mr Justice Neuberger writes: 'Pawlowski and Brown are to be congratulated for having produced a book ...as comprehensive and user-friendly as this volume. Not only have they considered the effect of the authorities in a clear and logical way, but they have also highlighted problems which have yet to be resolved and questions which have yet to be answered ...one of the hallmarks of a good legal book.'

Contract law concentrate

Contract Law Concentrate is a high quality revision guide which covers the main topics found on undergraduate courses. The clear, succinct coverage of key legal points within a specific topic area, including key cases, enables students to quickly grasp the fundamental principles of Contract law. Written by Jill Poole, an experienced teacher and examiner and author of Textbook on Contract Law and Casebook on Contract law. The book focuses on the needs of students to pass their exams with a number of pedagogical features which help with the preparation for exams and suggest ways to improve marks. Endorsed by students and lecturers for level of coverage, accuracy and exam advice. Online Resource Centre Interactive flashcards Glossary Exam and revision guidance.

Contract specificity and its performance outcomes

Governance theories, such as transaction cost economics, argue that systematic deviations from an attribute–governance alignment should influence performance. This article investigates the performance implications of contract specificity for the procurement of information technology products. The authors argue that parties choose a level of contract specificity that economizes on both the ex ante contracting costs and the ex post transaction costs and that deviations between the observed and the predicted levels of contract specificity are an important determinant of these transaction costs. The authors test the hypotheses using a comprehensive archival data set of information technology transactions and employ a two-step estimation procedure. First, they estimate the “predicted” level of contract specificity, which accounts for key transactional attributes. Second, they study the consequences of deviating from this predicted level of contractual specificity. The results provide the first explicit demonstration of the trade-off between ex ante contracting costs and ex post transaction problems and suggest that parties need to economize jointly on these costs when choosing the governance form.

Casebook on contract law

Jill Poole's bestselling Casebook on Contract Law provides students with a comprehensive selection of case law which addresses all aspects of the subject encountered on undergraduate courses. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The cases can be analysed and discussed independently while, taken as a whole, the chapters provide a sound understanding of the modern law of contract. Key features: * An introductory chapter provides valuable guidance on how to use a casebook to help you develop the essential skill of reading and analysing cases * Cases are accompanied by succinct author commentary designed to highlight the key elements of each case * The two colour text design distinguishes case extracts from author commentary ensuring the book is easy to use and navigate through The casebook is fully supported by an Online Resource Centre, which provides: * Exercises and guidance on reading cases * Self-test questions and answers * Guidance on how to answer problem-style questions * Updates

Casebook on contract law

Jill Poole's best-selling Casebook on Contract Law provides a clear and well-structured explanation of the principles and rules of contract law through a comprehensive selection of case law, addressing all aspects encountered on undergraduate courses. The coverage in this new edition has been revised to incorporate all recent significant decisions and judgments made by the House of Lords and the Court of Appeal. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the court and how legal principles are developed, thus enabling cases to be analysed and discussed independently while, taken as a whole, the chapters provide a sound understanding of the modern law of contract. Succinct author commentary focuses the reader on the key elements within the extracts, while thought-provoking questions are posed throughout to develop a more in-depth appreciation of the subject. Online resource centre Student resources - Updates - Guidance on answering problem-style questions - Exercises and guidance on reading cases - Self test questions and answers - 'Ask the author' section

Textbook on contract law

Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for many years. The accessible writing style and focus on key principles and developments in contract law make this text a favourite with students and lecturers alike. The author places the law of contract clearly within its wider context before proceeding to provide detailed yet accessible treatment of all the key areas encountered when studying contract law. Key features: · Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues · Each chapter begins with a summary of key issues, providing an overview of key themes and points of law, and concludes with suggestions for further reading, guiding you towards the most relevant texts and articles · An attractive page design highlights headings, case summaries, case extracts and a variety of learning features, making navigation through the text easy Fully supported by an Online Resource Centre, which provides: Student Resources Regular updates on new legislation, cases, and other important developments Guidance on answering questions in contract law Self-test questions and answers linked with Casebook on Contract Law Lecturer Resources A test bank of 300 multiple choice questions with answers and feedback

Textbook on contract law

This tenth edition of the established Textbook on Contract Law by Jill Poole provides a wide-ranging and straightforward exposition of contract law. The text opens with an overview of the main issues surrounding contract law, which places the subject in its wider context, then goes on to give a clear explanation of all the major areas of contract law encountered on undergraduate courses. Features of the book include chapter summaries to draw key themes and issues together; examples and questions to encourage a deeper understanding of the often complex points of law; and extensive further reading lists of both texts and articles to guide students towards the most relevant and up-to-date resources available. Online resource centre Lecturer resources - Testbank of multiple choice questions Student resources - Guidance on answering problem-style questions in contract law - Self test questions and answers - Student questions - Updates - 'Ask the Author' section

Contract law concentrate:law revision and study guide

Contract Law Concentrate is a high quality revision guide which covers the main topics found on undergraduate courses. The clear, succinct coverage of key legal points within a specific topic area, including key cases, enables students to quickly grasp the fundamental principles of Contract law. Written by Jill Poole, an experienced teacher and examiner and author of Textbook on Contract Law and Casebook on Contract law. The book focuses on the needs of students to pass their exams with a number of pedagogical features which help with the preparation for exams and suggest ways to improve marks. Endorsed by students and lecturers for level of coverage, accuracy and exam advice. Online Resource Centre Interactive flashcards Glossary Exam and revision guidance.

Textbook on contract law

This edition of the guide to the law of contract takes account of the implications of Internet contracting and includes discussion of the Consumer Protection (Distance Selling) Regulations 2000. Where appropriate, reference is made, for reasons of comparison, to the principles contained in thePrinciples of European Contract Law (PECL) and the UNIDROIT Principles of International Commercial Contracts.;Significant developments in contract law, both statutory and case law, are discussed, including the Contracts (Rights of Third Parties) Act 1999, the Electronic Communications Act 2000 andthe House of Lords' decisions in Alfred McAlpine Construction Ltd v Panatown Ltd and Attorney General V Blake. Other important decisions covered in this revised edition are Royal Bank of Scotland v Etridge, Barclays Bank Plc v Coleman, Barclays Bank Plc v Boulter, Avon Insurance v Swire, Zanzibar vBritish Aerospace (Lancsaster House) Ltd and Nutt v Read. In addition, there is discussion of the Unfair Terms in Consumer Contracts Regulations 1999 and the European Commission's Review of the Unfair Terms Directive, as well as coverage of Director General of Fair Trading v First National Bank. Other decisions on illegality, onerous terms, constructionand repudiation of contract are included.

Textbook on contract law

Now in its 12th edition, Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for many years. The accessible writing style and focus on key principles and developments in contract law make this text a favourite with students and lecturers alike. The author places the law of contract clearly within its wider context before proceeding to provide a detailed yet accessible treatment of all the key areas encountered when studying contract law. Key features: -Each chapter begins with a summary of key issues, providing an overview of key themes and points of law, and concludes with suggestions for further reading, guiding you towards the most relevant texts and articles -Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues -Headings, case summaries and case extract boxes allow for easy navigation through the text

Casebook on contract law

•The introductory chapter provides valuable guidance on how to use a casebook to help develop the essential skills of reading and analysing cases • Cases are accompanied by succinct author commentary designed to highlight the key elements of each case • Thought-provoking questions are posed throughout to develop an in-depth understanding of the subject •The book is easy to use and navigate through as the case extracts are clearly distinguished from author commentary Jill Poole's bestselling Casebook on Contract Law provides students with a comprehensive selection of case law which addresses all aspects of the subject encountered on undergraduate courses. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The cases can either be analysed and discussed independently or, taken as a whole, the cases form chapters that provide a sound understanding of the modern law of contract. The casebook is fully supported by an Online Resource Centre, which provides: -Exercises and guidance on reading cases -Guidance on answering questions in contract law -Self-test questions and answers

Contract law concentrate

Contract Law Concentrate is a high quality revision guide which covers the main topics found on undergraduate courses. The clear, succinct coverage of key legal points within a specific topic area, including key cases, enables students to quickly grasp the fundamental principles of contract law. Written by Jill Poole, an experienced teacher and examiner and author of Textbook on Contract Law and Casebook on Contract Law, the book focuses on the needs of students to pass their exams. A number of pedagogical features help with the preparation for exams and suggest ways to improve marks. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. Packed with essential information, key cases, revision tips, exam Q&As, and more, Contract Law Concentrate is also supported by extensive online resources to take your learning further (www.oxford.com/lawrevision/): · Test your knowledge with the multiple choice questions and receive feedback on your answers. · Revise the facts and discussions of key cases using the interactive flashcards. · Learn the important terms and definitions using the interactive glossary. · Check that you have covered the main points of a topic using the key facts lists. · Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster.

Patients and doctors working together in partnership:Birch v UCL Hospital NHS Foundation Trust [2008] EWHC 2237 (QB)

Of the myriad of pressing topics current in medical law and ethics, the issue of informed consent appears to be the ‘plainer sibling’. The decision by Cranston J in Birch v UCL Hospital NHS Foundation Trust in 2008 has brought into sharp relief that which many commentators already held to be true. Far from being the ‘plainer sibling’ when weighed against other prominent issues in medical law and ethics, the doctrine of informed consent, is one of the most significant principles to emerge in recent years.

Whole life performance assessment: critical success factors

Whole life costing (WLC) has become the best practice in construction procurement and it is likely to be a major issue in predicting whole life costs of a construction project accurately. However, different expectations from different organizations throughout a project's life and the lack of data, monitoring targets, and long-term interest for many key players are obstacles to be overcome if WLC is to be implemented. A questionnaire survey was undertaken to investigate a set of ten common factors and 188 individual factors. These were grouped into eight critical categories (project scope, time, cost, quality, contract/administration, human resource, risk, and health and safety) by project phase, as perceived by the clients, contractors and subcontractors in order to identify critical success factors for whole life performance assessment (WLPA). Using a relative importance index, the top ten critical factors for each category, from the perspective of project participants, were analyzed and ranked. Their agreement on those categories and factors were analyzed using Spearman's rank correlation. All participants identify “Type of Project” as the most common critical factor in the eight categories for WLPA. Using the relative index ranking technique and weighted average methods, it was found that the most critical individual factors in each category were: “clarity of contract” (scope); “fixed construction period” (time); “precise project budget estimate” (cost); “material quality” (quality); “mutual/trusting relationships” (contract/administration); “leadership/team management” (human resource); and “management of work safety on site” (health and safety). There was relatively a high agreement on these categories among all participants. Obviously, with 80 critical factors of WLPA, there is a stronger positive relationship between client and contactor rather than contractor and subcontractor, client and subcontractor. Putting these critical factors into a criteria matrix can facilitate an initial framework of WLPA in order to aid decision making in the public sector in South Korea for evaluation/selection process of a construction project at the bid stage.