Overview

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.

Full Product Details

Author:   TT Arvind ,  Professor Jenny Steele
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.853kg
ISBN:  

9781509926107

ISBN 10:   1509926100
Pages:   488
Publication Date:   06 August 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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 Solene 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

Reviews

Read this book! Each of the chapters in this volume are welcome additions to the literature … This review cannot do justice to the wide learning that is displayed in the complete collection. Buy the book and enjoy each and every one of the essays. -- Donald Robertson, University of Sydney Law School * Journal of Contract Law * It is enormously helpful to have a volume dedicated to this subject … this work is the first extensive examination of the relationship between contract law and the legislature. -- Lorna MacFarlane, Dentons UK & Middle East LLP * Edinburgh Law Review *

Read this book! Each of the chapters in this volume are welcome additions to the literature ... This review cannot do justice to the wide learning that is displayed in the complete collection. Buy the book and enjoy each and every one of the essays. -- Donald Robertson, University of Sydney Law School * Journal of Contract Law * It is enormously helpful to have a volume dedicated to this subject ... this work is the first extensive examination of the relationship between contract law and the legislature. -- Lorna MacFarlane, Dentons UK & Middle East LLP * Edinburgh Law Review *

Author Information

TT Arvind and Jenny Steele are members of the School of Law at the University of York.

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