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Description

This collection is the second volume of a two-part study exploring the role of policy and politics in shaping private law.

Whilst the first volume examined equity, tort law and property law, the second volume focuses on contract, commercial and corporate law. Its chapters explore the challenging interface of policy and politics in areas including: contract interpretation; contractual discretions; consumer contracts; wrongful payments by banks; transnational commercial private law instruments, mistakes made by corporations; and the right to repair.

This is a landmark and ambitious project which provides a rich exploration of policy-infused areas of private law, undertaken by a team of experts in their fields.

Table of Contents

Part One: Policy, Politics and Contract Law
Chapter 1. The Politics of Contract Interpretation, Prince Saprai
Chapter 2. Policy and Implication in Contractual Discretions, Christopher Hose
Chapter 3. The Policy Behind Remoteness in Contract Damages: Beyond Voluntary Assumption of a Risk or Gap Filling, Katy Barnett

Part Two: The Policy and Politics of Private Law in the Commercial and Corporate World
Chapter 4. The Role of Policy in the Creation of Transnational Commercial Private Law Instruments, Louise Gullifer
Chapter 5. Allocating the Risk of Wrongful Payments: An Historical Perspective, Stephen Watterson
Chapter 6. Corporate Mistake, Elise Bant

Part Three: The Policy and Politics of Private Law in the Consumer World
Chapter 7. The Policy of Responses to Unequal Bargaining Power in Consumer Contracts: Unconscionable Bargains, Statutory Rights and Ombudsman Discretion, Jeannie Marie Paterson
Chapter 8. Exploring Beyond the Rational Consumer: Insights into Competition Law and Consumer Policy, Luz Daniel
Chapter 9. Private Law, Intellectual Property Law and the Right to Repair, Poorna Mysoor

Product details

Published 24 Dec 2026
Format Paperback
Edition 1st
Pages 248
ISBN 9781509961054
Imprint Hart Publishing
Dimensions 234 x 156 mm
Series Hart Studies in Private Law
Publisher Bloomsbury Publishing

About the contributors

Anthology Editor

Jodi Gardner

Jodi Gardner is Brian Coote Chair in Private Law a…

Anthology Editor

Amy Goymour

Amy Goymour is an Associate Professor at the Unive…

Anthology Editor

Janet O'Sullivan

Janet O’Sullivan is Professor of Private Law at th…

Anthology Editor

Sarah Worthington

Dame Sarah Worthington KC (Hon) FBA is Professor o…

ONLINE RESOURCES

Bloomsbury Collections

This book is available on Bloomsbury Collections where your library has access.

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