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English and European Perspectives on Contract and Commercial Law
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Table of Contents

LEGAL HISTORY 1 Merchants and the Legislative Process in Thirteenth Century England: The Making of the Statutes of Acton Burnel (1283) and Merchants (1285) Paul Brand 2 Contract Terms Between Unequal Parties in Victorian England Catharine MacMillan LAW REFORM 3 Alternatives to Legislation: Restatements and Judicial Law Reform Andrew Burrows 4 The Impact of Rule-making by Financial Services Regulators on the Common Law: The Lessons of PPI Eva Lomnicka 5 Some Thoughts on Consumer Law Reform: Consolidation, Codification or a Restatement? Christian Twigg-Flesner ENGLISH CONTRACT LAW 6 Freedom to Exercise Contractual Rights of Termination Michael Bridge 7 Regulating Unfair Terms Mindy Chen-Wishart 8 Time to Reflect on the Right to Reject Eric Clive 9 Universal Terms in Contract Michael Furmston 10 Some Thoughts on Undisclosed Agency Thomas Krebs 11 Innominate Terms Revisited Ewan McKendrick xii Contents 12 Variation and Termination of Consumer Contracts Simon Whittaker EUROPEAN CONTRACT LAW 13 Unfair Prices in the Common European Sales Law Martijn W Hesselink 14 CISG and CESL: Simplicity, Fairness and Social Justice Ole Lando 15 The Law of Assignment in European Contract Law Wolf-Georg Ringe 16 Unfair Terms in Consumer Contracts Jacobien W Rutgers 17 `General Principles' of Contract Law in Transnational Instruments Stefan Vogenauer 18 Interest for Delay in Payment of Money Reinhard Zimmermann SECURITY AND FINANCING 19 The Assignment of Pure Intangibles in the Conflict of Laws Roy Goode 20 Compulsory Central Clearing of OTC Derivatives: The Changing Face of the Provision of Collateral Louise Gullifer 21 European Secured Transactions Law at a Crossroad: The Pitfalls of a `Piecemeal Approach' to Harmonisation Anna Veneziano 22 How Secure is Security? Sarah Worthington TRENDS IN TRANSNATIONAL AND EUROPEAN COMMERCIAL LAW 23 The Numerus Clausus of Property Rights: A European Principle? Christian von Bar 24 New Principles in the Legal World: The Hague Principles on the Choice of Law in International Commercial Contracts Benedicte Fauvarque-Cosson 25 Ex Officio Application in Case of Unenforceable Contracts or Contract Clauses: EU Law and National Laws Confronted Arthur S Hartkamp

About the Author

Louise Gullifer is Professor of Commercial Law at the University of Oxford, and is Fellow and Tutor in Law at Harris Manchester College, Oxford. She is an associate member of 3 Verulam Buildings and a Bencher of Gray's Inn. Stefan Vogenauer is Linklaters Professor of Comparative Law at the University of Oxford, Director of the Oxford Institute of European and Comparative Law, and a Fellow of Brasenose College, Oxford.

Reviews

'Essays in Honour of Hugh Beale' brings together the reflections of eminent scholars on important issues facing contract, consumer and commercial law, reflecting perfectly the facets of the very distinguished scholar they celebrate -- Alberto De Franceschi * EuCML - Journal of European Consumer and Market Law *
...this is an excellent book. It is a fitting way to honour a popular man who has had such a positive and lasting impact on commercial and consumer law. -- Laura Mcgregor * The Edinburgh Law Review *
A great scholar needs to be honoured with a great book. The collection of essays edited by Louise Gullifer and Stefan Vogenauer in honour of Hugh Beale achieved the result ... this volume demonstrates that there are several reasons not to abandon a double, English and European, perspective on contract and commercial law ... the academic work of Hugh Beale is an example for future generations. -- Francesco Paolo Patti, Adjunct Professor of Private Law, Bocconi University * European Review of Private Law *

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