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Force majeure and frustration of contract

پدیدآوران:
ناشر:
CAMBRIDGE
دسته بندی:

شابک: ۹۷۸۱۸۵۰۴۴۸۱۹۸

سال چاپ:۲۰۱۳

۴۰۳ صفحه - رحلي (شوميز) - چاپ ۲
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سفارش کتاب دریافت از طریق پست

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they have been rather neglected by English textbook writers. This book, which has its origins in a conference organised by Professor Norman Palmer in Colchester in November 1988, is an attempt to remedy this deficiency. Our aim is not, however, to write an exhaustive treatise on force majeure and frustration; rather, we have attempted to evaluate critically the general principles relating to force majeure and frustration and to examine some of the difficulties which arise when seeking to apply these principles in particular contexts. In terms of critical evaluation no one consistent line is adopted throughout the book; each author has been left free to express his or her own views as to the current state of the law and the desirability or otherwise of reform. We do not seek to provide a simple all-encompassing solution to the problems identified in this book; rather, our aim has been to stimulate debate on these important issues. While the stated aims of this edition remain the same as those of the first edition, I am pleased to be able to welcome four new authors to the team for this edition: Barry Nicholas, Alan Berg, Simon Curtis and Sukhnam Digwa-Singh. The addition of four new chapters (as well as revisions to existing chapters) has necessitated some re-structuring of the book. It is now divided into six parts. The first part is essentially introductory. We have chosen to focus on force majeure (in both a common law and a civilian context) because force majeure tends to be rather less familiar to the English legal mind than the doctrine of frustration. In this part we also attempt to assess the relationship between frustration and force majeure in English law. The second part has as its focus the drafting of force majeure clauses, both in terms of general guidelines which ought to be borne in mind by the contract draftsman and in terms of a more detailed, practical analysis of the real difficulties which can arise when seeking to draft such clauses. The third part begins to put the general principles of force majeure and frustration to work: here in the context of shipping law. The fourth part continues to look at the practical applications of force majeure and frustration, this time in the context of industrial action and building contracts. The fifth part shifts attention towards the remedial aspects of frustration, both in terms of a critical analysis of the Law Reform (Frustrated Contracts) Act 1943 and the intriguing suggestion by Andrew Rogers that some frustration cases might usefully be re-analysed in terms of estoppel. The final part deals with international and comparative aspects of frustration and force majeure. It ranges over a wide area, including the Vienna Convention, the Uniform Commercial Code, EU law and international sales contracts