English and European Perspectives on Contract and Commercial Law

The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.

LEGAL HISTORY
1 Merchants and the Legislative Process in Thirteenth Century
England: The Making of the Statutes of Acton Burnel
(1283) and Merchants (1285)
Paul Brand
2 Contract Terms Between Unequal Parties in Victorian England
Catharine MacMillan
LAW REFORM
3 Alternatives to Legislation: Restatements and Judicial Law Reform
Andrew Burrows
4 The Impact of Rule-making by Financial Services Regulators
on the Common Law: The Lessons of PPI
Eva Lomnicka
5 Some Thoughts on Consumer Law Reform:
Consolidation, Codification or a Restatement?
Christian Twigg-Flesner
ENGLISH CONTRACT LAW
6 Freedom to Exercise Contractual Rights of Termination
Michael Bridge
7 Regulating Unfair Terms
Mindy Chen-Wishart
8 Time to Reflect on the Right to Reject
Eric Clive
9 Universal Terms in Contract
Michael Furmston
10 Some Thoughts on Undisclosed Agency
Thomas Krebs
11 Innominate Terms Revisited
Ewan McKendrick
xii Contents
12 Variation and Termination of Consumer Contracts
Simon Whittaker
EUROPEAN CONTRACT LAW
13 Unfair Prices in the Common European Sales Law
Martijn W Hesselink
14 CISG and CESL: Simplicity, Fairness and Social Justice
Ole Lando
15 The Law of Assignment in European Contract Law
Wolf-Georg Ringe
16 Unfair Terms in Consumer Contracts
Jacobien W Rutgers
17 'General Principles' of Contract Law in Transnational Instruments
Stefan Vogenauer
18 Interest for Delay in Payment of Money
Reinhard Zimmermann
SECURITY AND FINANCING
19 The Assignment of Pure Intangibles in the Conflict of Laws
Roy Goode
20 Compulsory Central Clearing of OTC Derivatives: The Changing Face of the Provision of Collateral
Louise Gullifer
21 European Secured Transactions Law at a Crossroad: The Pitfalls of a 'Piecemeal Approach' to Harmonisation
Anna Veneziano
22 How Secure is Security?
Sarah Worthington
TRENDS IN TRANSNATIONAL AND EUROPEAN COMMERCIAL LAW
23 The Numerus Clausus of Property Rights: A European Principle?
Christian von Bar
24 New Principles in the Legal World: The Hague Principles
on the Choice of Law in International Commercial Contracts
Bénédicte Fauvarque-Cosson
25 Ex Officio Application in Case of Unenforceable Contracts
or Contract Clauses: EU Law and National Laws Confronted
Arthur S Hartkamp

“'Essays in Honour of Hugh Beale' brings together the reflections of eminent scholars on important issues facing contract, consumer and commercial law, reflecting perfectly the facets of the very distinguished scholar they celebrate” –  Alberto De Franceschi, EuCML - Journal of European Consumer and Market Law

“...this is an excellent book. It is a fitting way to honour a popular man who has had such a positive and lasting impact on commercial and consumer law.” –  Laura Mcgregor, The Edinburgh Law Review

“A great scholar needs to be honoured with a great book. The collection of essays edited by Louise Gullifer and Stefan Vogenauer in honour of Hugh Beale achieved the result ... this volume demonstrates that there are several reasons not to abandon a double, English and European, perspective on contract and commercial law ... the academic work of Hugh Beale is an example for future generations.” –  Francesco Paolo Patti, Adjunct Professor of Private Law, Bocconi University, European Review of Private Law