8 January 2015

Sinopsis Buku Terbaru 6

16.Frustration and Force Majeure 3rd ed

The third edition of Frustration and Force Majeure provides a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of common law jurisdictions.
The new 3rd edition:
  • Discusses some 70 new cases decided in England and in other common law jurisdictions in four continents
  • Examines the impact on the law relating to frustration of recent  cases arising out of the seizure of ships by Somali pirates demanding ransom
  • Discusses the relation, in cases of an employee’s supervening disability, between common law frustration and the employer’s  duty (under Equality Act 2010) to make reasonable adjustments
  • Contrasts the judicial trend to restrict the scope of frustration of contracts with the effect of supervening events on non-contractual promises which have some legal force by virtue of estoppel or analogous doctrines
  • Examines cases (such as the Classic Maritime case (2010). the Tandrin Aviation case (2010) and the Gold Group case (2010) which consider whether the financial crisis of 2008 and after could be a ground of frustration or be covered by a force majeure clause
  • Discusses some of the provisions Draft Common European Sales Law, in particular Articles 88 and 89
  • Makes many references to The Sea Angel (2007)’  a case on temporary impossibility but also a source of many new ideas on the doctrine of frustration: e.g., that a “reality check” should be applied in deciding whether supervening events should lead to discharge
  • Discusses the re-examination in the Islamic Republic of Iran Shipping Lines (2010) of the principles governing alleged frustration by partial illegality
  • Re-examines “theories” of frustration in the light of recent judicial opinions
Frustration and Force Majeure:
  • Provides a thorough examination of the principles governing the sanctity of a contract
  • Examines the conflict between contractual obligations and the ability to discharge said obligations in response to supervening events
  • Discusses in detail the development of the doctrine of Frustration within the law of contract
  • Contains a comparative element to the narrative which looks at the various foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made
  • Contains an examination of the concept of impossibility distinguishing between various types  of impossibility and between impossibility and impracticability
  • Covers illegality including supervening prohibitions, interference with performance and qualified prohibition, all of which are discussed in detail
  • Deals clearly with the purpose, nature and construction of Force Majeure clauses
  • Discusses legal consequences of frustration  at common law, as modified by legislation

17.Caveat System in Sarawak 4th ed

A caveat is a means of conveying notice to persons who propose to deal with a proprietor that there are other claims affecting the property. It is a key tool employed in day-to-day conveyancing and registration of land titles to protect alleged as well as proved interests and interests that have not yet become actual interests in land.
 This book is devoted to legal practitioners who handle land matters with respect to Sarawak. As the procedures involved in Sarawak are somewhat different to the operation of the caveat mechanism in Peninsular Malaysia, the book attempts to provide practical solutions to the complexities involved. The analysis and discussion of caveatable interests in various transactional situations will prove to be most helpful to practitioners when considering whether a certain interest may be protected by a caveat or in resisting a caveat that has been entered. 
Latest developments and case law have been included in bringing out this new edition of the book.
 Chapter outline:
  • System of Private Caveats
  • Removal of Private Caveats
  • Damages for Wrongful Caveat
  • The Registrar’s Caveats
  • Analogous Procedures
Legal practitioners; judges; court officials; academics.

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