Dear
Colleagues:
Hart has recently published two new titles that might be of interest to
you.
The first is The Change of Position Defence
by Elise Bant, the other is Exploring
Contract Law edited by myself, Richard Bronaugh and Stephen G A
Pitel and which contains articles written by many ODG regulars. Hart
has agreed to offer a 20% discount to all members of the ODG who wish
to order either of these titles. I attach an order form, which details
how to receive the discount, for those that might be
interested . Here are the book descriptions:
The Change of Position Defence
Elise
Bant
This
book defines and explains the operation of the defence of change of
position in Anglo-Australian law. It is a widely accepted view that the
defence
is a modern development, the first express recognition of which can be
traced
in England
to the seminal decision of the House of Lords in Lipkin
Gorman (a firm) v Karpnale Ltd. Commentators have
accordingly tended to focus on post-Lipkin case law in discussing the
defence
and its many disputed features.
This
work takes a different stance, arguing that the defence is best
understood by placing it within its broader historical and legal
context. It
explains that the foundations of the defence can be found in the
related
doctrines of estoppel by representation, the agent's defence of payment
over
and the law of rescission. The analysis applies crucial insights from
those
areas, together with the change of position authorities and broader
considerations of policy and principle, to develop a rigorous model of
the
change of position defence.
The
work not only provides a clear and exhaustive examination of the
defence, but demonstrates that, properly understood, the defence
operates in a
rational and justifiable manner within its broader private law context.
In so
doing, its analysis meets the oft-expressed concern than the defence
may
operate in an unprincipled way or by reference to 'that vague
jurisprudence
which is sometimes attractively styled "justice as between man and
man"'.
Elise
Bant
is an Associate Professor of Law at the University
of Melbourne Law School and
Honorary
Fellow (and former Senior Lecturer) at The University of Western
Australia.
May
2009 366pp Hbk
9781841139654 £60 / €81
Discount
Price: £48 / €65
Exploring
Contract Law
Foreword
by Justice Ian Binnie
of the Supreme Court of Canada
In
this book, leading scholars from Australia,
Canada, Hong Kong, New
Zealand,
Singapore, the United Kingdom and the United States
deal with important theoretical and practical issues in the law of
contract and
closely-related areas of private law. The articles analyse developments
in the
law of estoppel, mistake, undue influence, the interpretation of
contracts,
assignment, exclusion clauses and damages. The articles also address
more
theoretical issues such as discerning the limits of contract law, the
role of
principle in the development of contract doctrine and the morality of
promising. With its rich scope of contributors and topics, Exploring
Contract
Law will be highly useful to lawyers, judges and academics across the
common
law world.
Contributors:
Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge
Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K
Low, Jason
W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert
Stevens,
Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams,
Charlie
Webb.
May
2009 462pp Hbk
9781841139067 £75 / €102 Discount
Price: £60 / €82
--
Jason Neyers
Associate Professor of Law &
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435