The World of Maritime and Commercial Law: Essays in Honour of Francis RoseCharles Mitchell, Stephen Watterson 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. |
Contents
| ix | |
| xi | |
| xxxix | |
Table of Treaties and Conventions | lv |
Then and Now | 1 |
2 Do Actual Carriers Require Special Treatment? | 25 |
Time for an International Convention? | 41 |
4 The Three Ages of Utmost Good Faith | 63 |
10 The Vanishing Scope of the Sale of Goods Act 1979 in the Twentyfirst Century | 165 |
11 Are there Any General Principles of Commercial Law? | 181 |
12 Mercantile Usage Construction of Contracts and the Implication of Terms 17501850 | 201 |
English and French Approaches to the Interpretation of Written Contracts Implication of Terms and Contracts Affected by Illegality | 215 |
14 The Interpretation of Written Contracts | 243 |
Should Differences in the Quality of Consent Influence the Construction and Application of Commercial Contracts? | 259 |
Pleading Proof and Presumptions | 279 |
17 Negotiating Damages | 297 |
5 English Jurisdiction Clauses in Marine Cargo Insurance and Direct Actions against Cargo Liability Insurers | 89 |
6 Choice of Law in Determining the Ownership of Ships | 107 |
7 Private International Law and the Privy Council | 123 |
8 Bulk Goods and Title Transfer | 139 |
9 The Duty to Take Delivery of Goods | 151 |
18 The Myth of Common Law Tracing | 309 |
19 Contextual and Conceptual Foundations of Private Law Claims Involving Cryptocurrencies | 329 |
20 Silence and Solidarity? The Duties of Individual Directors Minded to Speak Out about their Boards Decisionmaking and Governance | 345 |
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Common terms and phrases
accepted action actual agreed agreement Appeal apply approach asset assured Bank Bermuda bill of lading breach buyer cargo carriage carrier cause claim claimant clause Comm common law concerned considered context contract Convention court cryptocurrency damages decision defendant delivery director doctrine document duty effect English entitled equitable evidence EWCA Civ EWHC example express fact follows give given governed held Holdings illegality implied intention interest International interpretation involved issue judge judgment jurisdiction liability limitation Lloyd’s Rep London Lord loss Maritime matter meaning negotiating obligations owner particular parties person position practice present principle question reason reference regarded Regulation relation relevant result rule seller ship statute suggested tort tracing transaction transfer trust unjust enrichment utmost good faith