scholarly journals INVALIDADES EM CONTRATOS DE CONSUMO

2020 ◽  
Vol 0 ◽  
Author(s):  
Carlos Ferreira de Almeida
Keyword(s):  
Private Law ◽  
General Rules ◽  
Consumer Contracts ◽  
The Common ◽  
Special Rules

This essay is about the special rules on invalidities of consumer contracts. Consumer contracts are contracts of private law regulated by a special regime. In the absence of this regime, the common private rules apply. I try to discover differences and connections between those special rules and general rules.

6. Exemption Clauses and Unfair Terms

2020 ◽  
pp. 183-230
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Common Law ◽  
Standard Form ◽  
Trade Association ◽  
Consumer Rights ◽  
Legislative Control ◽  
Consumer Contracts ◽  
The Common ◽  
Special Rules ◽  
Unfair Terms ◽  
Statutory Control

This chapter discusses the common law and statutory rules governing exemption clauses, and the control of unfair terms. Written contracts frequently contain clauses excluding or limiting liability. This is particularly so in the case of ‘standard form’ documents drawn up by one of the parties or a trade association to which one of the parties belong. At common law there are special rules on the incorporation of exemption clauses, special rules of construction applicable to them, and a few miscellaneous other common law rules designed to control them. The chapter first considers those common law rules before going on to the legislative control of exemption clauses and unfair terms. The focus of the discussion of statutory control is the Unfair Contract Terms Act 1977 for non-consumer contracts, and the Consumer Rights Act 2015 for consumer contracts.

The New Private Law and Intellectual Property

2020 ◽  
pp. 408-426
Author(s):  
Molly Shaffer Van Houweling
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Private Law ◽  
Concepts And Categories ◽  
The Common ◽  
The Law ◽  
Law Courts ◽  
Legal Concepts

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.

scholarly journals ACTS OF “SOFT” LAW AS REGULATORS OF PRIVATE LAW RELATIONS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Public Relations ◽  
Soft Law ◽  
Private Law ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Legal Effect ◽  
General Scientific ◽  
The Common ◽  
Combination Of Methods ◽  
Methods Of Learning

The article covers the question of the enforcement of acts of “soft” law — unformal sources of regulation of public relations. It is pointed in the article, that though acts of “soft” law are not the sources of law in traditional understanding, such acts are important practical regulators of private-law relations. The author gives the common characteristic of acts of “soft” law, makes comparative analyses with legal acts. Although the most attention in the article is paid to the legal effect of the enforcement of acts of “soft” law, first of all, from the view of regulation of private-law relations. While preparing the article the complex of methods was used, which lay on the basis of systematical and dialectical concepts. The main conclusion of the issue is the acknowledgement of the fact of the exercising of influence by the acts of “soft” law on regulation of private-law relations. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional.

13. Misrepresentation

2021 ◽  
pp. 414-470
Author(s):  
André Naidoo
Keyword(s):  
Common Law ◽  
Consumer Contracts ◽  
The Common ◽  
The Law ◽  
The Impact

This chapter explains the law relating to the requirements and remedies for misrepresentation. The rules that the chapter covers developed originally in the context of all types of contracts. However, more recent legislation has introduced some specific protection for consumers. Consequently, the common law rules and older legislation that the chapter covers are now more applicable to non-consumer contracts, i.e. contracts between businesses and those between private parties. The chapter starts by addressing the kind of false statements that can result in a remedy. It then addresses the common law and legislative remedies that could be available to the innocent party. Finally, the chapter turns to the impact of the more recent consumer legislation before finally examining the extent to which an exemption clause could cover liability for misrepresentation.

Intellectual Property Law and Redressive Autonomy

2020 ◽  
pp. 161-186
Author(s):  
Shyamkrishna Balganesh
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Property Law ◽  
Private Law ◽  
Intellectual Property Law ◽  
Additional Layer ◽  
The Common ◽  
Strong Commitment

Intellectual property law remains a body of private law, but for reasons that transcend its reliance on ideas and concepts from the common law of property and tort. This essay argues that the connection between forms of intellectual property law and private law is rooted in a form of autonomy that characterizes private law regimes—known as “redressive autonomy.” It shows how a strong commitment to redressive autonomy undergirds the unique right–duty structure of intellectual property, informs intellectual property’s central doctrines, and injects an additional layer of normative complexity into its functioning.

Koffman & Macdonald's Law of Contract

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins
Keyword(s):  
Undue Influence ◽  
Business Travel ◽  
Consumer Rights ◽  
Consumer Contracts ◽  
Ninth Edition ◽  
Trust Company ◽  
The Common ◽  
Unfair Terms ◽  
Business Exchange

Koffman & Macdonald’s Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, the Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts, mistake, misrepresentation, duress and undue influence, illegality, unconscionability, privity, performance and breach, frustration, damages, and specific enforcement, as well as companion website chapters on capacity and an outline of the law of restitution. Many new cases and legislative developments are covered in the ninth edition, such as Armchair Answercall Ltd v People in Mind Ltd, Blue v Ashley, Cavendish Square Holding BV v Talal El Makdessi, ParkingEye Ltd v Beavis,Globalia Business Travel S.A.U. (formerly TravelPlan S.A.U.) of Spain v Fulton Shipping Inc of Panama, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd,MWB Business Exchange Centres Ltd v Rock Advertising Ltd, Patel v Mirza, Phones 4U Ltd (In Administration) v EE Ltd. This edition has been updated to include major legislative developments including the Consumer Rights Act 2015, which now encompasses, and makes some changes to, the unfair terms regime, which was previously provided by the Unfair Terms in Consumer Contracts Regulations 1999, as well as removing, and taking on board, the consumer elements of the Unfair Contract Terms Act 1977.

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