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Commercial Law and Commercial Practice

Editor(s): Sarah Worthington
Media of Commercial Law and Commercial Practice
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Published: 19-12-2003
Format: Hardback
Edition: 1st
Extent: 700
ISBN: 9781841134383
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £150.00
Online price : £135.00
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Loren Epson

About Commercial Law and Commercial Practice

This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners.

The result is a series of provocative and challenging essays addressing an enormous range of problems that are of intimate concern to commercial practice. Some essays focus on broad themes, such as globalization and trust. Others address more specific issues, such as contract interpretation or constraining modern management. Yet another group targets special problems, such as dematerialisation or super-priority, in order to assess the success of commercial law in meeting commercial demands. The depth and breadth of issues addressed is a credit to the authors. Taken as a whole, the volume makes some pointed suggestions for improving the practices and processes, and indeed the future progress, of commercial law.

Table Of Contents

INTRODUCTION
1. Aligning Commercial Law and Commercial Practice
Sarah Worthington


PART 1: GENERAL PRESSURES FOR CHANGE
2. Globalization: Its Historical Context
Ross Cranston,QC
Commentary: Catherine Newman, QC
3. Commercial Notions and Equitable Potions
Sir John Mummery
Commentary: Philip Wood
4. Statutory Ingredients in Common Law Change: Issues in the Development of Agency Doctrine
Deborah DeMott
5. Property, Private Government and the Myth of Deregulation
Paddy Ireland
Commentary: Andrew Whittaker
PART 2: CONTRACT TERMS AND THEIR INTERPRETATION
6. The Intractable Problem of the Interpretation of Legal Texts
Lord Johan Steyn
7. The Interpretation of Contracts: Lord Hoffmann's Re-Statement
Ewan McKendrick
8. The Uses of Ambiguity in Commercial Contracts: On Facilitating Re-Bargaining
William T Allen and Galya Levy
Commentary: Paul Lomas
9. Objectivity and Committed Contextualism in Interpretation
Hugh Collins
PART 3: ADAPTING COMMERCIAL LAW TO MODERN CONDITIONS
10. Documents and Contractual Congruence in International Trade
Michael Bridge
Commentary: William Blair, QC
11. The Dematerialisation of Money Market Instruments
Joanna Benjamin
Commentary: Guy Morton
12. Material Adverse Change Clauses After 9/11
Richard Hooley
13. Rethinking Insurable Interest
John Lowry and Philip Rawlings
Commentary: Sir Jonathan Mance and Adrian Hamilton, QC
14. The Challenge of Modern Bankruptcy Policy: The Judicial Response
David Milman
PART 4: COMMERCIAL TERMS FOR COMMERCIAL ENDS
15. Damages for Breach of Exclusive Jurisdiction Clauses
Nik Yeo and Daniel Tan
16. Interpreting Employment Contracts: Judges, Employers, Workers
Simon Deakin
17. Superpriority for Asset Acquisition Financing in Secured Transactions Law: Formalism or Functionalism?
Catherine Walsh
18. The Floating Charge – An Elegy
Riz Mokal
PART 5: CONTROLLING MODERN MANAGEMENT
19. Contractual Modification of the Duties of a Trustee
Michael Bryan
20. Relieving Directors' Breaches of Duty
Rod Edmunds and John Lowry
21. Enron and the Long Shadow of Stat. 13 Eliz.
Douglas Baird
Commentary: Kevin Davis
PART 6: MOVING FORWARD: LAW AND PRACTICE
22. Commercial Law and the Limits of the Black Letter Approach
Anthony Duggan
Commentary: David Gold
23. The Legal Academy's Contribution to the Development of Commercial Law: An Anglo-Canadian Perspective
Jacob Ziegel
Commentary: Tony King
24. Contracts, Contract Law and Reasonable Expectations
Robert Bradgate

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