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The World of Maritime and Commercial Law: Essays in Honour of Francis Rose

The World of Maritime and Commercial Law: Essays in Honour of Francis Rose

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509932429
  • 出版时间 April 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509974313
¥1,527.50
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law.

    For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies).

    In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council.

    For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings.

    In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties.

    Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.

  • 1. The Empress of Ireland and Mont Blanc Collisions: Then and Now
    Nicholas Gaskell
    2. Do Actual Carriers Require Special Treatment?
    Francis Reynolds
    3. Multimodal Carriage of Goods by Sea: Time for an International Convention?
    Simon Baughen
    4. The Three Ages of Utmost Good Faith
    Howard Bennett
    5. English Jurisdiction Clauses in Marine Cargo Insurance and Direct Actions against Cargo Liability Insurers
    Yvonne Baatz
    6. Choice of Law in Determining the Ownership of Ships
    Martin Davies
    7. Private International Law and the Privy Council
    Adrian Briggs
    8. Bulk Goods and Title Transfer
    Michael Bridge
    9. The Duty to Take Delivery of Goods
    Andrew Tettenborn
    10. The Vanishing Scope of the Sale of Goods Act 1979 in the Twenty-first Century
    Louise Gullifer
    11. Are there Any General Principles of Commercial Law?
    Gerard McMeel
    12. Mercantile Usage, Construction of Contracts and the Implication of Terms, 1750–1850
    Charles Mitchell
    13. 'The Obscure, the Implied and the Illegal': English and French Approaches to the Interpretation of Written Contracts, Implication of Terms and Contracts Affected by Illegality
    Richard Aikens
    14. The Interpretation of Written Contracts
    James Edelman
    15. The Boilerplate and the Bespoke: Should Differences in the Quality of Consent Influence the Construction and Application of Commercial Contracts?
    David Foxton
    16. Illegality: Pleading, Proof, and Presumptions
    William Swadling
    17. Negotiating Damages
    Andrew Burrows
    18. The Myth of Common Law Tracing
    Sarah Worthington
    19. Contextual and Conceptual Foundations of Private Law Claims Involving Cryptocurrencies
    Stephen Watterson
    20. Silence and Solidarity? The Duties of Individual Directors Minded to Speak Out about their Board's Decision-making and Governance
    Peter Watts

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