The World of Maritime and Commercial Law (eBook, ePUB)

Essays in Honour of Francis Rose
Redaktion: Mitchell, Charles; Watterson, Stephen

• Format: ePub

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 384
• Erscheinungstermin: 30. April 2020
• Englisch
• ISBN-13: 9781509932405
• Artikelnr.: 59369005

Autorenporträt

Charles Mitchell is Professor of Law at University College London. Stephen Watterson is Reader in Private Law at the University of Cambridge.

Inhaltsangabe

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