Politics, Policy and Private Law

Volume II: Contract, Commercial and Company Law
Erscheinungsjahr 2025
ISBN: 978-1-5099-6101-6
Verlag: Hart Publishing

Buch, Englisch, 248 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 540 g

Reihe: Hart Studies in Private Law

This collection is the second volume of a two-part study exploring the role of policy and politics in shaping private law.

Whilst the first volume examined equity, tort law and property law, the second volume focuses on contract, commercial and corporate law. Its chapters explore the challenging interface of policy and politics in areas including: contract interpretation; contractual discretions; consumer contracts; wrongful payments by banks; transnational commercial private law instruments, mistakes made by corporations; and the right to repair.

This is a landmark and ambitious project which provides a rich exploration of policy-infused areas of private law, undertaken by a team of experts in their fields.

Autoren/Hrsg.

Gardner, Jodi

Goymour, Amy

O'Sullivan, Janet

Worthington, Sarah

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

O'Sullivan, Janet
Janet O'Sullivan is Professor of Private Law at the University of Cambridge and a Fellow and the Vice-Master of Selwyn College, Cambridge, UK.

Photograph courtesy of University of Cambridge.

Goymour, Amy
Amy Goymour is an Associate Professor at the University of Cambridge, and a Fellow at Jesus College, University of Cambridge, UK.

Photograph courtesy of University of Cambridge.

Gardner, Jodi
Jodi Gardner is Brian Coote Chair in Private Law at the University of Auckland, New Zealand, and a Senior Research Fellow at the Centre for Banking & Finance Law at the National University of Singapore.

Worthington, Sarah
Dame Sarah Worthington KC (Hon) FBA is Professor of Law at the London School of Economics and Political Science, Downing Professor Emeritus of the Laws of England at the University of Cambridge, and Emeritus Fellow of Trinity College, Cambridge, UK

Photograph courtesy of University of Cambridge.

Jodi Gardner is the Brian Coote Chair of Private Law at the University of Auckland, New Zealand.
Amy Goymour is Associate Professor at the University of Cambridge, and a Fellow of Jesus College, Cambridge, UK.
Janet O'Sullivan is Professor of Private Law at the University of Cambridge and a Fellow and the Vice-Master of Selwyn College, Cambridge, UK.
Sarah Worthington is Professor of Law at the London School of Economics and Political Science, Downing Professor Emeritus of the Laws of England at the University of Cambridge, and Emeritus Fellow of Trinity College, Cambridge, UK.