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Challenges to Authority and the Recognition of Rights - From Magna Carta to Modernity (Hardcover): Catharine MacMillan,... Challenges to Authority and the Recognition of Rights - From Magna Carta to Modernity (Hardcover)
Catharine MacMillan, Charlotte Smith
R2,113 R1,948 Discovery Miles 19 480 Save R165 (8%) Shipped within 7 - 12 working days

While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.

Mistakes in Contract Law (Hardcover): Catharine MacMillan Mistakes in Contract Law (Hardcover)
Catharine MacMillan
R1,619 Discovery Miles 16 190 Shipped within 7 - 12 working days

It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.

Mistakes in Contract Law (Paperback): Catharine MacMillan Mistakes in Contract Law (Paperback)
Catharine MacMillan
R903 Discovery Miles 9 030 Special order

It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book - now in paperback - explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law, from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, were combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law, but also the fate of legal transplants.

Landmark Cases in the Law of Contract (Hardcover, New): Charles Mitchell, Paul Mitchell Landmark Cases in the Law of Contract (Hardcover, New)
Charles Mitchell, Paul Mitchell; Contributions by Gerard McMeel, David Ibbetson, Stephen Watterson, …
R1,910 Discovery Miles 19 100 Special order

Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth - to the late twentieth - centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.This book contains a collection of new and original articles on the famous contract cases. It includes contributions from well-established scholars analysing both current and historical aspects of contract law. The analysis of the cases will be of interest to barristers, academics and judges.

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