Contract, Tort and Resitution Law

Comparative Reflections on English Law and Spanish Law

Edited by John Cartwright, University of Oxford, UK & Ángel M López y López, University of Seville, Spain This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions, including France, Germany, and Austria. This provides readers with access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed.

UK November 2021 • US November 2021 • 272 pages HB 9781509929337 • £85.00 / $115.00 ePub 9781509929344 • £76.50 / $100.32 ePdf 9781509929351 • £76.50 / $100.32 Series: Studies of the Oxford Institute of European and Comparative Law • Hart Publishing World All Languages (except Spanish)

Hart Studies in Private Law

The Province and Politics of the Economic Torts

John Murphy, University of Lancaster, UK This book asks whether the economic torts can be considered as a unified whole. Economic torts play a key role in the development of private law. The landmark case in the field, OBG v Allan, is one of the most important decisions in the entire law of torts. Any search for unity, however, is challenging. This book shows that although some juridical connections exist between some of these torts, there is far more that separates than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.

UK March 2022 • US March 2022 • 416 pages HB 9781509927319 • £85.00 / $115.00 ePub 9781509927326 • £76.50 / $100.32 ePdf 9781509927333 • £76.50 / $100.32 Series: Hart Studies in Private Law • Hart Publishing

Unexpected Consequences of Compensation Law

Edited by Prue Vines, University of New South Wales, Australia & Arno Akkermans, Vrije Universiteit, Amsterdam Somewhat counter-intuitively, compensation procedure may fail to compensate and instead creates other problems. Taking a refreshing and insightful approach to the question, this book considers the actual (and sometimes negative) effect of compensation law on people seeking redress. Tort law, workers’ compensation, medical law, industrial injury law and other schemes are examined. The unintended consequences the book uncovers includes ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements and medical care. Offering a truly interdisciplinary approach, it draws on contributors from lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, Netherlands, Canada, Italy and the UK.

UK March 2022 • US March 2022 • 312 pages PB 9781509943678 • £34.99 / $47.95 Previously published in HB 9781509927999 ePub 9781509928002 • £63.00 / $83.38 ePdf 9781509928019 • £63.00 / $83.38 Series: Hart Studies in Private Law • Hart Publishing Adam Kramer QC, 3 Verulam Buildings, UK Written by a leading commercial barrister this book offers the most rigorous treatment available of this important dispute resolution area. Previous editions are regularly cited by the courts; a hallmark of their authority. The 3rd edition covers all key case law developments including Morris-Garner, Tiuta, Perry v Raleys, The Renos, Singularis v Daiwa and Edwards v Hugh James. Areas which are increasingly important in litigation such as valuing companies and shares, scope of duty, and arbitration are explored in detail. Providing authoritative and insightful analysis of damages for breach of contract, it is an essential resource for practitioners and scholars.

UK February 2022 • US April 2022 • 768 pages HB 9781509951253 • £160.00 / $220.00 ePub 9781509951260 • £144.00 / $188.92 ePdf 9781509951277 • £144.00 / $188.92 Hart Publishing

A Unified Approach to Contract Interpretation

Ryan Catterwell, University of Queensland, Australia This important book offers a systematic exposition of interpretation/construction in contract law. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that interpretation is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations.

UK January 2022 • US January 2022 • 320 pages PB 9781509944408 • £39.99 / $54.95 Previously published in HB 9781509927579 ePub 9781509927586 • £72.00 / $95.11 ePdf 9781509927593 • £72.00 / $95.11 Series: Hart Studies in Private Law • Hart Publishing

Contents of Commercial Contracts

Terms Affecting Freedoms

Edited by Paul S Davies, University College London, UK & Magda Raczynska, University College London, UK Freedom of contract is a great strength of English law; indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. In so doing, they make original contributions to ongoing debates concerning the limits to parties’ freedom of contract.

UK January 2022 • US January 2022 • 488 pages PB 9781509945382 • £49.99 / $67.95 Previously published in HB 9781509930494 ePub 9781509930500 • £90.00 / $118.56 ePdf 9781509930517 • £90.00 / $118.56 Series: Hart Studies in Private Law • Hart Publishing