English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale

by Louise Gullifer, Stefan Vogenauer

Overview

The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.

Product Details

ISBN-13:	9781849465496
Publisher:	Bloomsbury Academic
Publication date:	10/23/2014
Edition description:	UK ed.
Pages:	540
Product dimensions:	6.69(w) x 9.61(h) x 1.19(d)

About the Author

Louise Gullifer is Professor of Commercial Law at the University of Oxford, and is Fellow and Tutor in Law at Harris Manchester College, Oxford. She is an associate member of 3 Verulam Buildings and a Bencher of Gray's Inn.
Stefan Vogenauer is Linklaters Professor of Comparative Law at the University of Oxford, Director of the Oxford Institute of European and Comparative Law, and a Fellow of Brasenose College, Oxford.

Table of Contents

Preface v

Foreword: Hugh Beale and the Law Commission Lord Carnwath Lord Toulson Tamara Goriely vii

Contributors xiii

Table of Cases xv

Table of Legislation xxvii

Legal History

1 Merchants and the Legislative Process in Thirteenth Century England: The Making of the Statutes of Acton Burnel (1283) and Merchants (1285) Paul Brand 3

2 Contract Terms Between Unequal Parties in Victorian England Catharine MacMillan 15

Law Reform

3 Alternatives to Legislation: Restatements and Judicial Law Reform Andrew Burrows 37

4 The Impact of Rule-making by Financial Services Regulators on the Common Law: The Lessons of PPI Eva Lomnicka 51

5 Some Thoughts on Consumer Law Reform: Consolidation, Codification or a Restatement? Christian Twigg-Flesner 67

English Contract Law

6 Freedom to Exercise Contractual Rights of Termination Michael Bridge 87

7 Regulating Unfair Terms Mindy Chen-Wishart 105

8 Time to Reflect on the Right to Reject Eric Clive 131

9 Universal Terms in Contract Michael Furmston 151

10 Some Thoughts on Undisclosed Agency Thomas Krebs 161

11 Innominate Terms Revisited Ewan McKendrick 183

12 Variation and Termination of Consumer Contracts Simon Whittaker 199

European Contract Law

13 Unfair Prices in the Common European Sales Law Martijn W Hesselink 225

14 CISG and CESL: Simplicity, Fairness and Social Justice Ole Lando 237

15 The Law of Assignment in European Contract Law Wolf-Georg Ringe 251

16 Unfair Terms in Consumer Contracts Jacobien W Rutgers 279

17 'General Principles' of Contract Law in Transnational Instruments Stefan Vogenauer 291

18 Interest for Delay in Payment of Money Reinhard Zimmermann 319

Security and Financing

19 The Assignment of Pure Intangibles in the Conflict of Laws Roy Goode 353

20 Compulsory Central Clearing of OTC Derivatives: The Changing Face of the Provision of Collateral Louise Gullifer 379

21 European Secured Transactions Law at a Crossroad: The Pitfalls of a 'Piecemeal Approach' to Harmonisation Anna Veneziano 405

22 How Secure is Security? Sarah Worthington 417

Trends in Transnational and European Commercial Law

23 The Numerus Clausus of Property Rights: A European Principle? Christian von Bar 441

24 New Principles in the Legal World: The Hague Principles on the Choice of Law in International Commercial Contracts Bénédicte Fauvarque-Cosson 455

25 Ex Officio Application in Case of Unenforceable Contracts or Contract Clauses: EU Law and National Laws Confronted Arthur S Hartkamp 467

Index 485

Editorial Reviews

"'Essays in Honour of Hugh Beale' brings together the reflections of eminent scholars on important issues facing contract, consumer and commercial law, reflecting perfectly the facets of the very distinguished scholar they celebrate" --EuCML - Journal of European Consumer and Market Law

"...this is an excellent book. It is a fitting way to honour a popular man who has had such a positive and lasting impact on commercial and consumer law." --The Edinburgh Law Review

"A great scholar needs to be honoured with a great book. The collection of essays edited by Louise Gullifer and Stefan Vogenauer in honour of Hugh Beale achieved the result ... this volume demonstrates that there are several reasons not to abandon a double, English and European, perspective on contract and commercial law ... the academic work of Hugh Beale is an example for future generations." --European Review of Private Law

From the Publisher