This book is a collection of original, thought-provoking essays on critical issues in contract, commercial and corporate law. It is dedicated to the memory of the late Professor Jill Poole, who inspired so many and made such important contributions to these fields of law. The essays are written by leading practitioners and academics in the field, building on Jill’s work. As such this collection will be of interest and importance to professionals, academics and students in these fields of law.
The Professor Jill Poole Educational Fund has been established in memory of Jill. It will be used to support undergraduate students in obtaining 'excellence scholarships' at Aston Law School and to reward 'excellence' at the annual law graduation ceremony. All contributions are welcome, and the royalties from this collection of essays have been donated to it.
Table of Contents
1. Keeping Commercial Law Up to Date 2. Examining English contract law in the light of Brexit – an end to the European dream? 3. From the 2004 Communication on European Contract to the 2015 Draft Directive on the Supply of Digital Content: harmonisation, Unification or Transformation of EU Private Law 4. Harmonization and Contract in a Globalized World 5. Integrating Remedies for Misrepresentation: Co-Ordinating a Coherent and Principled Framework 6. The Contract Formation under the Caveat Emptor Rule: Assessing its Utility 7. Consideration in the Modification of Contracts 8. Estoppel and Promises: The Importance of Coherence, Rationalisation, and Adhering to Basic Principles 9. Privity of Contract: Statutory Developments 10. Recent Developments in Illegal Contracts 11. Restraint of Trade Doctrine: A Traditional Tool Fit for the Modern Economy? 12. The Intractable Problems of Illegality and Public Policy in the Law of Contract –A Comparative Perspective 13. Director’ Financial Liabilities Standards: Opportunism and the Proper Approach to Detterence
Robert Merkin QC is the Lloyd's Professor of Commercial Law at the University of Exeter and Special Counsel to Duncan Cotterill.
James Devenney is the McCann FitzGerald Chair of International Law and Business at UCD Sutherland School of Law, University College Dublin, Ireland and Professor of Transnational Commercial Law at the University of Reading, UK.