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The Duty of Care in Negligence
This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.
Codifying Contract Law
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
Capitalism Before Corporations
To what extent did English law facilitate trade before the advent of general incorporation and modern securities law? This is the question at the heart of Capitalism before Corporations. It examines the extent to which legal institutions of the Regency period, especially Lord Eldon's Chancellorship, were sympathetic to the needs of merchants and willing to accommodate their changing practices and demands within established legal doctrinal frameworks and contemporary political economic thought. In so doing, this book probes at the heart of modern debates about equity, trusts, insolvency, and the justifiability of corporate privileges. Corporations are an integral part of modern life. We bank ...
Knowledge, Information, and Business Education in the British Atlantic World, 1620–1760
Accurate information is essential to successful business activity. The early modern period saw an increase in printed commercial information, including newspapers, printed exchange rates, and educational texts--part of the 'print revolution' that permeated all aspects of the early modern world. Rather than relying on externally-produced printed works, commercial agents retained agency in creating and sharing their own business and educational information, which was shared in other forms and prioritised and valued over printed material. This book explores the ways that merchants and other commercial agents learned about business in the early modern British Atlantic World. It considers how the...
