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Goods in Transit 5th Edition
Goods in Transit 5th Edition
2023-8-30Bugden
The subject matter of Goods in Transit is of increasing relevance as international trade and globalisation increase. The work gathers together and integrates in a unique, accessible and practical form many aspects of general commercial, shipping, contract, bailment, tort, property, agency and transport law in one place. Considers key areas of contract, bailment, tort, property, sale of goods and banking law as relevant to the movement of goods Deals with trans-national transportation rail, road, sea and air in the context of the various international transport conventions and multi-modal transport Analyses in detail the law of agency and the law of bailment in the context of carriage of goods and international trade law Examines the property elements in carriage of goods and international trade law Analyses the multifarious complex domestic and international statutory and contractual liability regimes applicable to carriers and other bailees Considers the various issues raised by outsourcing, logistics and project forwarding contracts The fifth edition covers number of key cases, including: Scipion Active Trading Fund v Vallis Group Ltd [2020] EWHC 1451 (Comm) Henshaw J Contractual and bailees estoppel Sevylor Shipping and Trading Corp v Altfadul Co for Foods, Fruits & Livestock (The Baltic Strait) [2018] EWHC 629 (Comm), [2018] 2 Lloyd's Rep 33 at [18]-[25] per Andrew Baker J: right of bill of lading holder suing on the bill of lading in contract to recover full damages Volcafe Ltd v Compania Sud Americana De Vapores SA (CSAV) [2018] UKSC 61 Bailment and the Hague and Hague-Visby Rules; the burden of proof, inherent vice and causation Alize 1954 v Allianz Elementar Versicherungs AG [2021] UKSC 51 Shipowner’s obligation to exercise due diligence to make a vessel seaworthy Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) Carr J. Deviation K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 Males LJ demurrage

Format

Printed Book

Price

(starting at)

RM 2,913.21

Misrepresentation, Mistake and Non-Disclosure 6th Edition
Misrepresentation, Mistake and Non-Disclosure 6th Edition
2022-8-8
This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case. MAIN FEATURES Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues. In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions. Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure. Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract. Covers the different types of mistake that can affect the validity of a contract and the available remedies. Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty. NEW TO THIS EDITION Takes into account all the major developments in case law in these areas, including decisions of: The Supreme Court in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (2019: defence of illegality and attribution of director’s fraud to company); Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (2020: mistake of law and limitation); Grondona v Stoffel & Co (2020: defence of illegality); Marex Financial Ltd v Sevilleja (2020: “reflective loss”); Manchester Building Society v Grant Thornton UK LLP and Meadows v Khan (2021: negligence, including scope of duty of care); Triple Point Technology Inc v PTT Public Co Ltd (2021: exclusion clauses); The Court of Appeal in Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd (2021: measure of damages in deceit); IGE USA Investments Ltd v Revenue and Customs Commissioners (2021: rescission for misrepresentation and application of the Limitation Act 1980 by analogy to bar rescission); Manek v IIFL Wealth (UK) Ltd (2021: deceit); Tuke v Hood (2022: deceit); SK Shipping Europe plc v Capital VLCC 3 Corp (2022: implied representation and rescission); and The High Court in Vald Nielsen Holding A/S v Baldorino (2019: deceit); SK Shipping Europe Plc v Capital VLCC 3 Corp (2020: affirmation; Misrepresentation Act 1967 s.2(2)); Elston v King (2020: mistake); Leeds City Council v Barclays Bank plc (2021: misrepresentation and reliance; affirmation as a bar to rescission)

Format

Book & eBook

Price

(starting at)

RM 3,170.19

Misrepresentation, Mistake and Non-Disclosure 6th Edition
Misrepresentation, Mistake and Non-Disclosure 6th Edition
2022-8-8
This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case. MAIN FEATURES Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues. In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions. Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure. Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract. Covers the different types of mistake that can affect the validity of a contract and the available remedies. Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty. NEW TO THIS EDITION Takes into account all the major developments in case law in these areas, including decisions of: The Supreme Court in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (2019: defence of illegality and attribution of director’s fraud to company); Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (2020: mistake of law and limitation); Grondona v Stoffel & Co (2020: defence of illegality); Marex Financial Ltd v Sevilleja (2020: “reflective loss”); Manchester Building Society v Grant Thornton UK LLP and Meadows v Khan (2021: negligence, including scope of duty of care); Triple Point Technology Inc v PTT Public Co Ltd (2021: exclusion clauses); The Court of Appeal in Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd (2021: measure of damages in deceit); IGE USA Investments Ltd v Revenue and Customs Commissioners (2021: rescission for misrepresentation and application of the Limitation Act 1980 by analogy to bar rescission); Manek v IIFL Wealth (UK) Ltd (2021: deceit); Tuke v Hood (2022: deceit); SK Shipping Europe plc v Capital VLCC 3 Corp (2022: implied representation and rescission); and The High Court in Vald Nielsen Holding A/S v Baldorino (2019: deceit); SK Shipping Europe Plc v Capital VLCC 3 Corp (2020: affirmation; Misrepresentation Act 1967 s.2(2)); Elston v King (2020: mistake); Leeds City Council v Barclays Bank plc (2021: misrepresentation and reliance; affirmation as a bar to rescission)

Format

eBook

Price

(starting at)

RM 2,535.07

Exclusion Clauses and Unfair Contract Terms 13th Edition
Exclusion Clauses and Unfair Contract Terms 13th Edition
2022-12-13
Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute. Key features: Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation Examines unlawful, void and ineffective exclusion clauses Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts Provides wholesale review of the recent case law Analyses the courts’ interpretation of the meaning of “written standard terms” under the Unfair Contract terms Act. Discusses how the courts are adjusting the process of construing exclusion clauses so as to harmonise this topic with the general principles of interpreting written contracts. Considers in detail the impact of the Consumer Rights Act 2015. New to this edition: This title has been fully revised and updated by Professor Neil Andrews to take account of important case law developments of the last five years. New Chapter 2, concerned with exclusion clauses which are intended to protect third parties. (under the Contracts (Rights of Third Parties) Act 1999 or by use of a “Himalaya” clause). Chapter 3 fully revised to consider recent case law reflecting current approach to interpreting exclusion clauses New Chapter 4 which examines the important topic of liability for misrepresentation and exclusion clauses. Chapter 9 is another new chapter dealing with liquidated damages clauses. Such a clause simultaneously fixes the minimum and maximum level of compensation. Where the clause prescribes a level of liability which is much less than the innocent party’s actual loss, the clause operates functionally to restrict liability. This aspect has been noted by Lords Leggatt and Burrows in Triple Point Technology Inc v PTT Public Co Ltd (2021) (at [74], “such a clause limits the contractor’s exposure to liability of an otherwise unknown and open-ended kind”).

Format

Printed Book

Price

(starting at)

RM 1,993.59

Shackleton on the Law and Practice of Meetings 16th Edition
Shackleton on the Law and Practice of Meetings 16th Edition
2023-9-25Cordes
Shackleton on the Law and Practice of Meetings is a leading resource on the law and practice of company, charity and public sector meetings. It provides a complete statement of the law with detailed practical guidance on how to prepare, conduct and close a meeting essential to the every-day practice of legal professionals, company secretaries, administrators and clerks, directors, local authorities and all other organisations that hold formal meetings. Features Discusses the legal implications of public and private meetings Addresses the practical issues to be aware of when organising and managing meetings Deals with specific forms of meeting such as board, committee, shareholder and public sector meetings Explains different types of resolution and how these are passed in the context of meetings Provides a guide as how to maintain good order and ensure fairness at meetings Directs the reader to the appropriate statutory requirements under the Companies Act 2006 and other relevant legislation Covers meetings of the various forms of charitable organisations Considers the principles of natural justice and public sector equality duty and their outworkings in the context of information access and attendance at real and on-line meetings accessible by the general public Provides ‘worked’ practice examples and checklists for company meetings Looks at the powers, duties and roles of directors in the context of meetings Provides guidance on the conduct of all tiers of local government meetings Explains how to access information

Format

Printed Book

Price

(starting at)

RM 1,980.73

Malaysian Litigation Series - Commercial Conflict of Laws in Malaysia
Malaysian Litigation Series - Commercial Conflict of Laws in Malaysia
2022-11-30K. C. Ee | C. P. Zhou | D. C. W. Chuen | A. Kumarr | M. Ng Y. Ting

“The authors have skilfully drawn comparisons from conflict of laws decisions from other common law jurisdictions … I trust this book will be valuable to all members of the Malaysian legal profession as they navigate through the intricacies of commercial conflict of laws issues in the course of their work.”

From the Foreword by
Datuk Nallini Pathmanathan
Judge of the Federal Court 
About the Book
 
This book provides an authoritative account of the evolution and application of conflict of laws principles in Malaysia in commercial matters. Through a structured evaluation of legislative provisions and judicial decisions, the authors examine private international law in commercial disputes in Malaysia, and consider whether it conforms to international standards and best practices as adopted in major common law jurisdictions such as England and Wales, Singapore and Hong Kong.
 
A strong foundation is laid through the discussion on the traditional aspects of conflict of laws, namely jurisdiction, choice of law rules and the enforcement of foreign judgments. Focus then turns to more specialised areas of conflict of laws where individual chapters are devoted to a detailed consideration of international arbitration, e-commerce transactions, as well as corporate insolvency and restructuring. The expert coverage of these specialised topics no doubt infuses great value into the book.
 
The book’s domestic and comparative focus makes it an unparalleled resource for judges, lawyers and law students when they are confronted with cross-border commercial disputes that involve an examination of Malaysia’s conflict of laws principles. This book provides a comprehensive understanding of Malaysian conflict of laws, which will be useful for academics and researchers looking for an in-depth discussion of the topic.
 
Key Features 
  • The only current Malaysian text on commercial conflict of laws, covering issues of jurisdictions, choice of law, and foreign judgments.
  • Instructive commentary on conflict of law issues in the context of commercial disputes by authors with wide experience in cross-border disputes.
  • Comparative study of recent reported cases on smart contracts and digital assets in common law jurisdictions.
  • Up-to-date analysis on conflict of laws issues in international arbitration.
  • Analysis and review on the intersections between conflict of laws and cross-border insolvency.
 

Format

eBook

Price

(starting at)

RM 373.25

Exclusion Clauses and Unfair Contract Terms 13th Edition
Exclusion Clauses and Unfair Contract Terms 13th Edition
2022-12-13
Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute. Key features: Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation Examines unlawful, void and ineffective exclusion clauses Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts Provides wholesale review of the recent case law Analyses the courts’ interpretation of the meaning of “written standard terms” under the Unfair Contract terms Act. Discusses how the courts are adjusting the process of construing exclusion clauses so as to harmonise this topic with the general principles of interpreting written contracts. Considers in detail the impact of the Consumer Rights Act 2015. New to this edition: This title has been fully revised and updated by Professor Neil Andrews to take account of important case law developments of the last five years. New Chapter 2, concerned with exclusion clauses which are intended to protect third parties. (under the Contracts (Rights of Third Parties) Act 1999 or by use of a “Himalaya” clause). Chapter 3 fully revised to consider recent case law reflecting current approach to interpreting exclusion clauses New Chapter 4 which examines the important topic of liability for misrepresentation and exclusion clauses. Chapter 9 is another new chapter dealing with liquidated damages clauses. Such a clause simultaneously fixes the minimum and maximum level of compensation. Where the clause prescribes a level of liability which is much less than the innocent party’s actual loss, the clause operates functionally to restrict liability. This aspect has been noted by Lords Leggatt and Burrows in Triple Point Technology Inc v PTT Public Co Ltd (2021) (at [74], “such a clause limits the contractor’s exposure to liability of an otherwise unknown and open-ended kind”).

Format

eBook

Price

(starting at)

RM 2,153.08

Exclusion Clauses and Unfair Contract Terms 13th Edition
Exclusion Clauses and Unfair Contract Terms 13th Edition
2022-12-13
Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute. Key features: Considers the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation Examines unlawful, void and ineffective exclusion clauses Explains in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective Deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts Provides wholesale review of the recent case law Analyses the courts’ interpretation of the meaning of “written standard terms” under the Unfair Contract terms Act. Discusses how the courts are adjusting the process of construing exclusion clauses so as to harmonise this topic with the general principles of interpreting written contracts. Considers in detail the impact of the Consumer Rights Act 2015. New to this edition: This title has been fully revised and updated by Professor Neil Andrews to take account of important case law developments of the last five years. New Chapter 2, concerned with exclusion clauses which are intended to protect third parties. (under the Contracts (Rights of Third Parties) Act 1999 or by use of a “Himalaya” clause). Chapter 3 fully revised to consider recent case law reflecting current approach to interpreting exclusion clauses New Chapter 4 which examines the important topic of liability for misrepresentation and exclusion clauses. Chapter 9 is another new chapter dealing with liquidated damages clauses. Such a clause simultaneously fixes the minimum and maximum level of compensation. Where the clause prescribes a level of liability which is much less than the innocent party’s actual loss, the clause operates functionally to restrict liability. This aspect has been noted by Lords Leggatt and Burrows in Triple Point Technology Inc v PTT Public Co Ltd (2021) (at [74], “such a clause limits the contractor’s exposure to liability of an otherwise unknown and open-ended kind”).

Format

Book & eBook

Price

(starting at)

RM 2,695.33

Sale of Goods Law in Malaysia
Sale of Goods Law in Malaysia
2016-8-30A. M. bin Nabi Baksh | K. Arjunan
Presenting an in-depth exposition of the various topics under sale of goods law in prose that is clear, concise and readable, this book makes possible a good understanding of an aspect of law that often arises in many commercial transactions.
 
The authors have drawn on their extensive experience in professional legal practice, teaching law in Malaysia, Hong Kong and Australia, as well as a track record of academic research and publication to prepare this useful reference on sale of goods law.
 
Excerpts of leading judgments drawn from several common law jurisdictions are included to supplement the extensive reference to local cases in the context of the Sale of Goods Act 1957 in order to assist the reader to better appreciate the workings of the law in this area, obviating the necessity of looking around for a case book.This approach not only assists the reader to gain a critical appreciation of the underlying legal processes, but also to use the book as a stand-alone text.
 
Eschewing the "bare bones" notational approach adopted by some texts as well as the detailed technical explanation of legal principles adopted by others, this book presents a comprehensive explanation of the various topics with great clarity, making it a key reference for lawyers, legal advisers, lecturers and students.
 
KEY FEATURES:
  • Clear analysis of the law.
  • Careful selection of judgment extracts of relevant authoritative cases drawn largely from Malaysia and the United Kingdom as well as Hong Kong and Australia to support discussion of law.
  • Provides in-depth exposition of the topics in a clear, concise and readable style.
  • Written by authors with extensive knowledge of business law.
  • Only up-to-date book on sale of goods law in Malaysia
 
 

Format

Book & eBook

Price

(starting at)

RM 395.20

Chitty on Contracts 35th Edition (2 Volumes) + Supplement
Chitty on Contracts 35th Edition (2 Volumes) + Supplement
2024-12-30Beale
Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law. The work is in two volumes: Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law Contains interpretation and analysis of general legislation since the last edition Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence Treats in detail the Capacity of parties Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses Examines Illegality and Public Policy Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach Studies remedies for breach of contract, including damages and limitations of actions Discusses Restitution in relation to contract law Analyses conflict of laws as if affects contract law Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established Supplemented regularly The first supplement to the 35th edition of Chitty on Contracts includes fresh commentary, cases and legislation covering each chapter of the main work, updating the 35th edition to 31 August 2024.

Format

Printed Book

Price

(starting at)

RM 5,903.59

Hollington on Shareholders' Rights 10th Edition
Hollington on Shareholders' Rights 10th Edition
2023-12-11
Hollington on Shareholder's Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law. The new edition references the multitude of cases (particularly appellate) decided in the common law world and other developments since the last edition, requiring substantial rewriting of the text on many topics. Highlights are: Majority Rule- review of principles of abuse and excess of power and “fraud in equity” principles in Grand View Private Trust [2022] UKPC 47 Bargain between shareholders - Re Compound Photonics Group Ltd [2022] EWCA Civ 1371 (contractual duty of good faith); Barton v Morris [2023] UKSC 3 (contractual interpretation, express and implied terms); Tulip Trading Ltd v Bitcoin Association for BSV [2023] EWCA Civ 83 (fiduciary relationships) Director’s duties- BTI 2014 LLC v Sequana SA [2022] UKSC 25 and Stanford International Bank Ltd. v HSBC [2022] UKSC 34 (interests of creditors); ClientEarth v Shell [2023] EWHC 1137 and 1187 (Ch) (interests of members as a whole; derivative claim); duty to act for proper purpose where purposes mixed; Burnell v Trans-Tag Ltd & Anor [2021] EWHC 1457 (Ch) (the leaving director) Derivative claims- McGaughey v Universities Superannuation Scheme Ltd [2023] EWCA Civ 873 (common law derivative claims and fraud on minority); changes to CPR 19; Boston v Szerelmey [2020] EWHC 1136 (Ch), [2020] EWHC 3042 (Ch) and [2022] EWHC 2849 (Ch) and Leslie v Ball [2023] EWHC 1771 (Ch) (costs indemnity) Unfair Prejudice Principles - Re Compound Photonics Group Ltd [2022] EWCA Civ 1371; Financial Technology Ventures II (Q) LP v ETFS Capital Ltd [2021] JCA 176; Chu v Lau [2020] UKPC 24 (breakdown of trust and confidence; exclusion from management); Ming Siu Hung v JF Ming Inc [2021] UKPC 1 and Kwik v Yao [2022] UKPC 52 (ignoring minority; appeals; remedy); Re Coinomi Ltd [2022] EWHC 3178 (Ch) (relationship with derivative claim); FamilyMart China Holding v Ting Chuan [2023] UKPC 33 (ouster of court by arbitration agreement) Unfair Prejudice Remedies- Ming Siu Hung v JF Ming Inc [2021] UKPC 1 (share purchase order); Otello Corp ASA v Moore Frères and Co LLC [2020] EWHC 3261 (Ch), Smith v Smith [2022] EWHC 1035 (Ch), Re Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023 (Ch), Krishna Holdco Ltd v Gowrie Holdings Ltd [2023] EWHC 1538 (Ch) (discount for minority shareholding) Just and equitable winding up - Chu v Lau [2020] UKPC 24; Ming Siu Hung v JF Ming Inc [2021] UKPC 1; Duneau v Klimt Invest SA Plc [2022] EWHC 596 (Ch) (loss of substratum)

Format

eBook

Price

(starting at)

RM 2,403.11

The Interpretation of Contracts 8th Edition
The Interpretation of Contracts 8th Edition
2023-12-31Lewison
First published in 1989 and now in its eighth edition, Lewison’s Interpretation of Contracts has established itself as an indispensable resource on contracts and the leading text in its field. This essential work provides authoritative guidance to constructing and interpreting contracts. It enables practitioners to navigate the key statutes and case developments in this area, informing the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law. By enabling lawyers to construct arguments rooted in case law, this book helps lawyers better challenge contracts and explain their inadequacies. Features: The structure is very straightforward: a general proposition is followed by more detailed explanation with generous quotation from judgments. The scope keeps to the principles that the courts deploy in interpreting contracts, and is thus of direct, practical relevance to barristers. The style of approach is practical rather than theoretical. It is designed for the busy practitioner. The coverage includes all the cases of importance in interpreting contracts (including many that are unreported). The book goes through each component of a contract, setting out the basic proposition, followed by analysis and the most relevant judicial decisions for practitioners. It identifies the materials available to aid in the interpretation of contracts, analysing each: the contract document, related documents, drafts, previous agreements, pre-contract agreements and negotiations, and contractual terms. Gives background on the impact of law and precedent on interpretation, including the court’s approaches to standard forms such as conveyancing agreements. Lays out the golden rule as regards the meaning of words, and its operation in practice through key decisions. Assesses the dispute resolution options in the context of contract interpretation, including choice of law and scope of jurisdiction clauses. Covers the circumstances in which terms can be implied and fulfilled, including important developments following the Belize Telecom case, and the extent to which entire agreement clauses preclude the implication of terms. Looks at the rules of construction, including the consideration of a clause in the context of a whole document, the addition of special conditions to a standard form of contract and the relationship of general and special provisions. Explains the meaning and operation of patent and latent ambiguity and their effects on the contract, as well as uncertainty, mistake and inconsistencies. Explores the impact of Rainy Sky SA v Kookmin Bank and subsequent cases regarding ambiguity and ‘business common sense’. Considers the preliminary parts of a deed (everything preceding the habendum), analysing in-depth the effect of recitals. Reviews the subject matter of a contract, such as the inclusion or otherwise of a parcel of land, admissible evidence to identify the subject matter, evidence of physical features and plans. Covers exclusion clauses, including indemnity, time-bar and non-reliance clauses, and the exclusion of rights and remedies; and force majeure clauses. Considers the inclusion of certificates, consents and deeming clauses Analyses issues of time stipulation and punctuality, in contracts such as mercantile and conditional contracts. Explains conditions and conditional contracts, including the impact of Jet2 v Blackpool Airport on best endeavours obligations. Discusses in detail clauses relating to penalties, termination and forfeiture. What's New: This new edition updates the reader on key developments since the last edition was published in 2020. Close to 200 new cases considered. Small stream of cases to the Supreme Court on implied terms, the effect of conclusive certificates and the scope of liquidated damages clauses. Usual steady flow of cases in the Court of Appeal and the High Court marking a period of consolidation rather than innovation. A fully revised and reorganised Chapter 12 on Exemption Clauses to reflect the greater prominence now given to the general presumption that parties do not give up valuable rights without clear words.

Format

Printed Book

Price

(starting at)

RM 2,791.02