Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of un...

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally.This book considers the nature of gain-based damages and explains when they have historically been available and why, and provide...

This is the 4th edition of the casebook providing an article-by-article analysis of the CISG Convention.Offering a fully updated range of materials, this casebook is an excellent starting point for learning about the Convention will be particularly useful for students, international trade lawyers, and arbitration practitioners.The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to ...

Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-...

Today, virtually all companies, artists, and innovators run the risk of losing their competititve edge-and big money-by not adequately safeguarding their intellectual property. Written by an expert in intellectual property law, this is the first book to address the full range of legal protections available-patents, copyrights, trademarks, trade secrets, and licensing-with innovative information you won't find elsewhere, including:€ Legal landmines every successful entrepreneur must...

In 1999 the Nisga’a First Nation in northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. The Nisga’a Final Agreement granted powers over land, resources, education, and cultural policy to the Nisga’a government, a major departure from previous land claims agreements. However, it was not without opposition and Scott also outlines the opposition, including two court challen...

The 16th edition of Ewan McKendrick KC's bestselling textbook is the go-to-resource for all students of contract law.Its comprehensive coverage and incisive analysis gives students the edge in coursework and exams. Unrivalled for the clarity of its explanation, the new edition expertly links analysis of fundamental doctrines of the law of contract with practical examples of the operation of the law of contract, thus providing students with a deep understand of cont...

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdict...

If money is the lifeblood of business, contracts are the arteries that help carry it around the commercial body. Anyone in business is liable to have to deal with business contracts, but few are trained to do so. Even those that are trained may have experience in limited areas or in the distant past. But the right contract can make a vital difference, not just to recording and enforcing, if need be, the contract terms, but also in ensuring the agreement deals with the real issues and appro...

Being in business, you need to comply with all relevant laws and regulations to avoid regulators imposing penalties and others suing for damages.Legal Compliance and Risk Management in Small Business, Second Edition outlines the necessary steps for small businesses to take in order to prevent breaches of the law. It enables new businesses, firstly, to identify and implement all relevant regulatory requirements. It then delves into the intricacies of contracts, the legally ...

The first textbook on Commonwealth Caribbean Contract law for undergraduate and sixth form students, Commonwealth Caribbean Contract Law is a new and unrivalled resource on the subject. This textbook utilises Caribbean Case Law and Statutory provisions to provide a clear and immersive path into the study of contract law from a Caribbean perspective. Encompassing topics that include misrepresentation, privity, and remedies, this book expertly introduces and explains the many aspect...

A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through th...