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Commercial Law and Commercial Practice - BLOOMSBURY ACADEMIC

Commercial Law and Commercial Practice

Hardcover

Published: 19th December 2003
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This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners. Essayists were initially given no more guidance on subject-matter than a bald request to reflect on specific areas where commercial law fails to match commercial expectations, and areas where it succeeds, and then to provide a provocative analysis of the reasons for this. Notwithstanding the open-ended invitation, certain themes are clearly evident in the end product. The contents page of the book is testament to the breadth and depth of the issues addressed. There are 24 essays in all, 11 with commentaries. Essays by academics receive comment by practitioners, and vice versa. Senior members of the judiciary also participated, providing both essays and commentary. Most of the essays were first presented at a two-day seminar held at the LSE, funded by the Society of Legal Scholars, the Modern Law Review, and the LSE Law Department. The end product should prove of interest to all concerned with the study and practice of commercial law, and its continuing evolution.

Introduction
Aligning Commercial Law and Commercial PracticeSarah Worthington
General Pressures for Change
Globalization: Its Historical Context
QC Commentary
Commercial Notions and Equitable Potions
Commentary
Statutory Ingredients in Common Law Change: Issues in the Development of Agency Doctrine
Property, Private Government and the Myth of Deregulation
Commentary
Contract Terms and Their Interpretation
The Intractable Problem of the Interpretation of Legal Texts
The Interpretation of Contracts: Lord Hoffmanns Re-Statement
The Uses of Ambiguity in Commercial Contracts: On Facilitating Re-Bargaining
Commentary
Objectivity and Committed Contextualism in Interpretation
Adapting Commercial Law to Modern Conditions
Documents and Contractual Congruence in International Trade
Commentary
The Dematerialisation of Money Market Instruments
Commentary
Material Adverse Change Clauses After 9/11
Rethinking Insurable Interest
Commentary
The Challenge of Modern Bankruptcy Policy: The Judicial Response
Commercial Terms for Commercial Ends
Damages for Breach of Exclusive Jurisdiction Clauses
Interpreting Employment Contracts: Judges, Employers, Workers
Superpriority for Asset Acquisition Financing in Secured Transactions Law: Formalism or Functionalism?
The Floating Charge An Elegy
Controlling Modern Management
Contractual Modification of the Duties of a Trustee
Relieving Directors Breaches of Duty
Enron and the Long Shadow of Stat 13
Commentary
Moving Forward: Law and Practice
Commercial Law and the Limits of the Black Letter Approach
Commentary
The Legal Academys Contribution to the Development of Commercial Law: An Anglo-Canadian Perspective
Commentary
Contracts, Contract Law and Reasonable Expectations
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781841134383
ISBN-10: 1841134384
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 700
Published: 19th December 2003
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 3.81
Weight (kg): 1.2
Edition Number: 1