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The World of Maritime and Commercial Law: Essays in Honour of Francis Rose

Edited by: Charles Mitchell, Stephen Watterson

ISBN13: 9781509932429
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00



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This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law.

For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies).

In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council.

For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings.

In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties.

Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.

Subjects:
Shipping, Transport and Maritime Law, Commercial Law
Contents:
1. The Empress of Ireland and Mont Blanc Collisions: Then and Now
Nicholas Gaskell
2. Do Actual Carriers Require Special Treatment?
Francis Reynolds
3. Multimodal Carriage of Goods by Sea: Time for an International Convention?
Simon Baughen
4. The Three Ages of Utmost Good Faith
Howard Bennett
5. English Jurisdiction Clauses in Marine Cargo Insurance and Direct Actions against Cargo Liability Insurers
Yvonne Baatz
6. Choice of Law in Determining the Ownership of Ships
Martin Davies
7. Private International Law and the Privy Council
Adrian Briggs
8. Bulk Goods and Title Transfer
Michael Bridge
9. The Duty to Take Delivery of Goods
Andrew Tettenborn
10. The Vanishing Scope of the Sale of Goods Act 1979 in the Twenty-first Century
Louise Gullifer
11. Are there Any General Principles of Commercial Law?
Gerard McMeel
12. Mercantile Usage, Construction of Contracts and the Implication of Terms, 1750–1850
Charles Mitchell
13. 'The Obscure, the Implied and the Illegal': English and French Approaches to the Interpretation of Written Contracts, Implication of Terms and Contracts Affected by Illegality
Richard Aikens
14. The Interpretation of Written Contracts
James Edelman
15. The Boilerplate and the Bespoke: Should Differences in the Quality of Consent Influence the Construction and Application of Commercial Contracts?
David Foxton
16. Illegality: Pleading, Proof, and Presumptions
William Swadling
17. Negotiating Damages
Andrew Burrows
18. The Myth of Common Law Tracing
Sarah Worthington
19. Contextual and Conceptual Foundations of Private Law Claims Involving Cryptocurrencies
Stephen Watterson
20. Silence and Solidarity? The Duties of Individual Directors Minded to Speak Out about their Board's Decision-making and Governance
Peter Watts