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Title Commercial law and commercial practice / edited by Sarah Worthington
Published Oxford ; Portland, Or. : Hart, 2003

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Description 1 online resource (xix, 690 pages)
Contents Half Title page; Title Page; Title verso; Contents; Contributors; Introduction; Part 1: General Pressures for Change; 1. Globalisation: Its Historical Context; 2. Commercial Notions and Equitable Potions; Commentary on ''Commercial Notions and Equitable Potions''; 3. Statutory Ingredients in Common Law Change: Issues in the Development of Agency Doctrine; 4. Property, Private Government and the Myth of Deregulation; Commentary on ''Property, Private Government and the Myth of Deregulation'': Implicit Regulation and the Development of Regulatory Policy
Part 2: Contract Terms and their Interpretation5. The Intractable Problem of the Interpretation of Legal Texts; 6. The Interpretation of Contracts: Lord Hoffmann''s Re-Statement; 7. The Uses of Ambiguity in Commercial Contracts: On Facilitating Re-Bargaining; Commentary on ''The Uses of Ambiguity in Commerical Contracts: On Facilitating Re-Bargaining''; 8. Objectivity and Committed Contextualism in Interpretation; Part 3: Adapting Commercial Law to Modern Conditions; 9. Documents and Contractual Congruence in International Trade
Commentary on ''Documents and Contractual Congruence in International Trade''10. The Dematerialisation of Money Market Instruments; Commentary on ''The Dematerialisation of Money Market Instruments''; 11. Material Adverse Change Clauses After 9/11; 12. Re-thinking Insurable Interest; Commentary I on ''Re-thinking Insurable Interest''; Commentary II on ''Re-thinking Insurable Interest''; 13. The Challenge of Modern Bankruptcy Policy: The Judicial Response; Part 4: Commercial Terms for Commercial Ends; 14. Damages for Breach of Exclusive Jurisdiction Clauses
15. Interpreting Employment Contracts: Judges, Employers and Workers16. Super Priority for Asset Acquisition Financing in Secured Transactions Law: Formalism or Functionalism?; 17. The Floating Charge -- An Elegy; Part 5: Controlling Modern Management; 18. Contractual Modification of the Duties of a Trustee; 19. Relieving Directors'' Breaches of Duty; 20. Enron and the Long Shadow of Stat. 13 Eliz.; Part 6: Moving Forward: Law and Practice; 21. Commercial Law and the Limits of the Black Letter Approach; Commentary on ''Commercial Law and the Limits of the Black Letter Approach''
22. The Legal Academy''s Contribution to the Development of Commercial Law: An Anglo-Canadian PerspectiveCommentary on ''The Legal Academy''s Contribution to the Development of Commercial Law: An Anglo-Canadian Perspective''; 23. Contracts, Contract Law and Reasonable Expectations
Summary 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
Analysis Commercial practice
Bibliography Includes bibliographical references
Notes Print version record
Subject Commercial law -- England
Commercial law.
Commercial law -- Great Britain
LAW -- Commercial -- General.
LAW -- Business & Financial.
BUSINESS & ECONOMICS -- Business Law.
Commercial law
Handelsrecht.
Handelspraktijken.
Great Britain
England
Form Electronic book
Author Worthington, Sarah.
ISBN 9781847311351
1847311350
1280800518
9781280800511
9781472559517
1472559517
9781841134383
1841134384
Other Titles Commercial law & commercial practice