An authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject.
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Marshall S. Shapo
Edited by Pier Giuseppe Monateri
This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
This Second Edition is the leading account of contract law in England & Wales in relation to implied terms and has been fully revised and updated to cover recent developments in the law. Key features include analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015 and detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer.
Anne L. Bandle
The glamour and mystery of the art auction, gathering interested buyers from across the globe, makes it one of the most fascinating marketplaces in existence. ‘Sleepers’, artworks or antiques that have been undervalued and mislabelled due to an expert’s oversight and consequently undersold, appear regularly. This fascinating new book provides the first extensive study of the phenomenon of sleepers through an in-depth analysis of the contractual relationships, liability and remedies that arise in the context of auction sales.
- Research Handbooks in European Law series
Edited by Christian Twigg-Flesner
Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for future development of the law and research agendas. The Handbook is divided into three parts: first, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU Consumer Law, and the final part focuses on a number of important subjects which remain current for the development of EU Contract Law.
How Culture, Economics and Politics Shape Collective Litigation
Edited by Deborah R. Hensler, Christopher Hodges and Ianika Tzankova
In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation ‘in action’, in the Americas, Europe, Asia and the Middle East.
- Research Handbooks in Comparative Law series
Edited by Mauro Bussani and Anthony J. Sebok
Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories, rules and cultures. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. The book also provides insightful case studies by analyzing specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa.
Informed Insurance Choice? The Insurer’s Pre-Contractual Information Duties in General Consumer Insurance
The Insurer’s Pre-Contractual Information Duties in General Consumer Insurance
Leander D. Loacker
The direction and clarity of the author's argument is commendably clear. Thus it is clear at the outset that he is mainly concerned with pre-contractual information duties as they affect consumers, and thus standard form contracts—although, he argues, individualised information duties, will have a significantly more important part to play in the future, and he gives some consideration to these.
- Rethinking Law series
Victor P. Goldberg
Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyse and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts whilst conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks.
Through a comparative study of English-speaking jurisdictions, this book seeks to illuminate the policy choices involved in legal services regulation as well as the important consequences of those choices. Regulation can protect the interests of clients and the public, and reinforce the rule of law. On the other hand, legal services regulation can also undermine access to justice and suppress innovation, while failing to accomplish any of its lofty ambitions. The book seeks a path forward to increasing regulation's benefits and reducing its burdens for clients and for the public. It proposes a client-centric approach to enhance access to justice and service quality, while revitalizing legal professionalism, self-regulation, and independence.