Great Debates in Contract Law
-
Great Debates in Contract Law
By Jonathan MorganPearson J's dicta are answered in part by Trianitis's point that risks can be allocated using broad categories. Marcus Smith J made that point in a recent leading case. Noting that 'foreseeability' was a 'slippery' concept the judge ...
-
Great Debates in Contract Law
By Jonathan MorganMoreover, some argue that rational businesses prefer clear-cut rules to uncertain standards reflecting the vaguer understandings of real life.124 Victor Goldberg makes a novel proposal. Faced with divergent forms but facts that suggest ...
-
Great Debates in Contract Law
By Jonathan MorganThe very wide notion of contract is what makes Davies's rigid approach to non-contractual liability tolerable.175 It also ... Offer and acceptance S. Gardner, 'Trashing with Trollope: A Deconstruction of the Postal Rules in Contract' ...
-
Great Debates in Contract Law
By Jonathan MorganLord Griffiths's broader principle treats the plaintiff [promisee] as recovering for his own loss, and is thus is an application of the general rule and not an exception to it.'103 Lord Goff made clear that the issue was not about ...
-
Great Debates in Contract Law
By Jonathan Morgan232 For criticism of The Heron II [1969] 1 AC 350 on efficiency grounds, cf. R.A. Epstein, 'Beyond Foreseeability: Consequential Damages in the Law of Contract' (1989) 18 JLS 105. 233 I. Ayres and R. Gertner, 'Filling Gaps in Incomplete ...
-
Great Debates in Contract Law
By Jonathan MorganThe text draws upon the work of leading figures to elucidate the concepts addressed, illustrating how a subject has developed in the way that it has, and why.