Contract law in common law countries: A study in divergence

Kumar, Manasi and Heidemann, Maren (2022) Contract law in common law countries: A study in divergence. Liverpool Law Review, 43 (2). pp. 133-147. ISSN 1572-8625

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This special issue is the result of the 2021 co-operation between the London Centre for Commercial and Financial Law (LCF) and Jindal Global Law School (JGLS) in India. It has been a huge pleasure to work together on this three-part conference series in 2021 and to co-edit this special issue with the Liverpool Law Review. Both of us had been fascinated with the evolution of the common law of contract across jurisdictions for some years, which is perhaps natural as we are situated within common law jurisdictions. The journey that the original English common law took from its highly integrated life in an English jurisdiction held together by the Privy Council into a more and more loosely connected network of Commonwealth countries and their independent court systems and legislatures, resulted in a variety of emanations of contract law issues. Some countries have codifed their contract law. Some countries practice an active reference to the traditional body of English case law. Other countries have civil law infuence as well and operate a layered or mixed system of laws where concepts of both traditions come into play. Thus, our idea was to have an exploration into the diversity of approaches to contract law within common law jurisdictions.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 19 Jul 2022 04:06
Last Modified: 22 Feb 2023 11:20
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Additional Information: Editorial notes and academic comments upon the papers presented and published in the special volume of the Liverpool Law Review on Contract Law in Common Law Countries: A Study in Divergence, which arose out of three conferences in 2021. It includes reflections upon the keynote speeches provided by Mindy Chen-Wishart (Oxford), Stefan Vogenauer (Max Planck), and Roger Brownsword (King's College) as well as the discussants' remarks on each paper. It contains the key insights of a two-year long academic project involving scholars and academics across four continents, and makes recommendations for future research.


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