Shaping the law of obligations : essays in honour of Professor Ewan McKendrick KC / edited by Edwin Peel and Rebecca Probert.

Oxford : Oxford University Press, 2023.

1st edition

201745

McKendrick, Ewan.

Obligations (Law)

Contracts.

Festschriften.

I: Contract

1. Facility, circumvention, economic duress and the corporate veil

2. Good faith in English contract law. lessons from comparative law?

3. Rethinking reliance damages for breach of contract

4. The illegality defence in the courts today

5. Schrödinger's lawful act duress: dead or alive?

6. Contracts and relationships of love and trust

7. Shades of frustration

8. Repeal the Law Reform (Frustrated Contracts) Act 1943

9. Contractual interpretation: meaning, intention and disembodied spirits

10. Contractual interpretation: antinomies and boundaries

11. The Damage in negotiating damages

12. The critical reception of Cavendish Square Holdings v Makdessi

II: Tort

13. Direct and vicarious liability of corporations

14. Damage to 'other property': exploring the boundary between property damage and pure economic loss

15. Procuring wrongs

III: Commercial

16. Who can sue the obligor when receivables are financed?

17. The 'tripartite guide' to uniform instruments in the area of international commercial contracts: background, status, and legal effects

18. The Sale of Goods Act and the nature of sales

19. Transnational commercial law and impediments to its development

IV: Unjust enrichment

20. Mistakes of law, again

21. The external shield of a contract - torts, equity, restitution

22. Unjustified enrichment in China: an uncertain path

23. Implied terms and restitution.

Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia. - Publisher's website.

Includes bibliographical references and index.

9780198889762

xlii, 412 pages : 1 colour portrait ; 26 cm