基本説明
Around the theme of alignments and misalignments between commercial law and commercial practice to reflect on areas where commercial law fails to match commercial expectations.
Full Description
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.
Contents
INTRODUCTION 1. Aligning Commercial Law and Commercial Practice Sarah Worthington PART 1: GENERAL PRESSURES FOR CHANGE 2. Globalization: Its Historical Context Ross Cranston,QC Commentary: Catherine Newman, QC 3. Commercial Notions and Equitable Potions Sir John Mummery Commentary: Philip Wood 4. Statutory Ingredients in Common Law Change: Issues in the Development of Agency Doctrine Deborah DeMott 5. Property, Private Government and the Myth of Deregulation Paddy Ireland Commentary: Andrew Whittaker PART 2: CONTRACT TERMS AND THEIR INTERPRETATION 6. The Intractable Problem of the Interpretation of Legal Texts Lord Johan Steyn 7. The Interpretation of Contracts: Lord Hoffmann's Re-Statement Ewan McKendrick 8. The Uses of Ambiguity in Commercial Contracts: On Facilitating Re-Bargaining William T Allen and Galya Levy Commentary: Paul Lomas 9. Objectivity and Committed Contextualism in Interpretation Hugh Collins PART 3: ADAPTING COMMERCIAL LAW TO MODERN CONDITIONS 10. Documents and Contractual Congruence in International Trade Michael Bridge Commentary: William Blair, QC 11. The Dematerialisation of Money Market Instruments Joanna Benjamin Commentary: Guy Morton 12. Material Adverse Change Clauses After 9/11 Richard Hooley 13. Rethinking Insurable Interest John Lowry and Philip Rawlings Commentary: Sir Jonathan Mance and Adrian Hamilton, QC 14. The Challenge of Modern Bankruptcy Policy: The Judicial Response David Milman PART 4: COMMERCIAL TERMS FOR COMMERCIAL ENDS 15. Damages for Breach of Exclusive Jurisdiction Clauses Nik Yeo and Daniel Tan 16. Interpreting Employment Contracts: Judges, Employers, Workers Simon Deakin 17. Superpriority for Asset Acquisition Financing in Secured Transactions Law: Formalism or Functionalism? Catherine Walsh 18. The Floating Charge - An Elegy Riz Mokal PART 5: CONTROLLING MODERN MANAGEMENT 19. Contractual Modification of the Duties of a Trustee Michael Bryan 20. Relieving Directors' Breaches of Duty Rod Edmunds and John Lowry 21. Enron and the Long Shadow of Stat. 13 Eliz. Douglas Baird Commentary: Kevin Davis PART 6: MOVING FORWARD: LAW AND PRACTICE 22. Commercial Law and the Limits of the Black Letter Approach Anthony Duggan Commentary: David Gold 23. The Legal Academy's Contribution to the Development of Commercial Law: An Anglo-Canadian Perspective Jacob Ziegel Commentary: Tony King 24. Contracts, Contract Law and Reasonable Expectations Robert Bradgate
