Commercial Law — Overview
Forthcoming Subject Events
September 2013
Tuesday 10 September 2013 Week -4
- Oxford Law Faculty
Cape Town Convention Academic Project - 2nd Conference - Oxford The Cube
News
Cape Town Convention Academic Project – Annual Conference
The first annual conference of the Cape Town Convention Academic Project took place on 5th and 6th September 2012 and was a great success [more…]
Publications
Showing all[*] publications sorted by type, then year, author, title [change this]
Showing all 50 Commercial Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent | Selected publications
Journal Articles
2012
P S Davies, 'Making mistakes' (2012) 24 NLSIR 97
P S Davies, 'Rectifying the course of rectification' (2012) 75 MLR 412
P S Davies, 'Risk in unjust enrichment' [2012] RLR 27
2011
P S Davies, 'Accessory Liability for Assisting Torts' (2011) CLJ 353
P S Davies, 'Accessory Liability: protecting IP rights' [2011] IPQ 390
P S Davies, 'Claims against third parties: room for the common law' [2011] CIPA Journal 362
P S Davies, 'Correcting mistakes: wither the rule in Hastings-Bass' [2011] Conv 406
2010
P S Davies, 'Anticipated contracts: room for agreement' (2010) 69 CLJ 467
P S Davies, 'Recent Developments in the Law of Implied Terms' [2010] LMCLQ 140
P S Davies, 'The illegality defence: turning back the clock' [2010] Conv 282
2009
P S Davies, 'The illegality defence ? two steps forward, one step back?' [2009] Conv 182
T Krebs, 'Harmonisation and how not to do it: agency in the UNIDROIT Principles of International Commercial Contracts 2004' (2009) Lloyds Maritime and Commercial Law Quarterly 57
2004
L Gullifer, 'The Law Commission’s Proposals: a critique' (2004) 15 European Business Law Review 811 [...]
Considers the proposals by the Law Commission for the reform of the law of personal property security interests
ISBN: 0959-6941
2002
Roy Goode, 'Assignment Clauses in International Contracts' (2002) 2002 No. 3/4 Forum Europeen de law Communication, International Business Law 389 [...]
Discusses typical assignment clauses in contracts and their legal significance
ISBN: 0295.583
2001
Roy Goode, 'The Role of the Lex Loci Arbitri in International Commercial Arbitration' (2001) 17 No. 1 Kluwer Law International 19 [...]
Written originally as a contribution to a collection of essays in honour of Professor Francis Reynolds this article discusses the extent to which judgments or orders of a court in the state of origin of arbitral proceedings in an international commercial arbitration should be respected by courts of the state of enforcement, and examines the theory of the delocalised arbitral award.
ISBN: 0957 0411
Books
2013
P S Davies and G Virgo, Equity and Trusts: Text, Cases, and Materials (OUP 2013)
M Bridge, L Gullifer, S Worthington and G McMeel, The Law of Personal Property (Sweet & Maxwell 2013) (forthcoming)
2012
V Triebel, M Illmer, G Ringe, S Vogenauer and K Ziegler, Englisches Handels- und Wirtschaftsrecht (Verlag Recht und Wirtschaft 2012) [...]
xxxiv + 580 pp. English Commercial and Business Law Das Werk behandelt - sehr praxisorientiert und zugleich wissenschaftlich fundiert - die im täglichen Rechtsverkehr mit England auftretenden Fragen. Dazu gehören z. B. die Besonderheiten des englischen Vertragsrechts, Warenkauf, Arbeitsrecht, Gesellschaftsrecht, Insolvenzrecht, Wettbewerbsrecht, internationales Zivilprozess- und Privatrecht einschließlich Schiedsverfahrensrecht u.v.m. Das Buch ist nicht nur für Geschäftsverbindungen mit England eine unerlässliche Hilfe. Da englisches (Handels-)Recht in vielen wirtschaftlich bedeutenden Ländern zur Anwendung kommt, genießt es Weltgeltung. Zudem wird im internationalen Handelsverkehr sehr häufig ein englischer Gerichtsstand oder Schiedsort und englisches Recht als "neutrales Recht" vereinbart, wenn sich die Parteien nicht auf das Recht einer der Vertragsparteien einigen können. Sachgebiete: Englisches Handelsrecht, englisches Wirtschaftsrecht, englisches Vertragsrecht, Handelsgeschäfte, Warenkauf, englisches Arbeitsrecht, englisches Gesellschaftsrecht, englisches Insolvenzrecht, englisches Wettbewerbsrecht, englisches internationales Zivilprozess- und Privatrecht. ISBN 978-3-8005-1346-8
2011
Guenter Treitel and FMB Reynolds, Carver on Bills of Lading (Sweet & Maxwell, London 2011) [...]
Although published under the name of "Carver", this is an entirely new text on bills of Lading written by the above co-authors. The major change in this edition is that it takes account of the new UN Carriage of Goods Convention known as the Rotterdam Rules, considering them not only as a self-contained body of rules but also exploring their effect on current rules of English law.
p1-589 written by Guenter Treitel and p591-830 by Professor Reynolds.
ISBN: 9780414048522
2008
Roy Goode, Legal Problems of Credit and Security (Louise Gullifer ed, 4th edn, Thomson Sweet & Maxwell 2008)
Chapters
2013
P S Davies, 'Aid, abet, counsel or procure?' in S Pitel, J Neyers, E Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart 2013) (forthcoming)
P S Davies, 'Construing commercial contracts: no need for violence' in M Freeman and F Smith (eds), Law and Language: Current Legal Issues Volume 15 (OUP 2013)
H Beale and WG Ringe, 'Transfer of rights and obligations' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context – Interactions with English and German Law (OUP 2013) [...]
The rules on assignment and transfer of rights and obligations are currently outside the scope of the proposed CESL. In contrast, the original DCFR from 2009 includes a chapter on these issues. Questions outside the scope of CESL are left to be solved by the ‘domestic’ provisions of the national law that is applicable under the relevant conflict-of-laws provisions. This paper is part of the larger CFR Context research project and explores interactions of the system of assignment of receivables under a future European contract instrument with both English and German national laws. This concerns above all other areas of law, for example the rules that apply upon the insolvency of one of the parties (in particular that of the assignor) and the rules on public policy. Key differences between the jurisdictions include, inter alia, the proprietary aspects of the assignor’s insolvency where the assignor is paid by the debtor, the priority rule for competing assignments, and the effects of a non-assignment clause. Here, the choice of the optional instrument rather than either English or German law will lead to diverging results and may therefore prejudice any of the parties involved.
2012
Robert Freitag and others, 'Representation' in Stefan Vogenauer, Gerhard Dannemann (eds), European Contract Law and the 'Common Frame of Reference' (Oxford University Press 2012)
A J B Sirks, 'De gevolgen van de inlijving van Nederland bij het Franse Keizerrrijk in 1810 voor handel en nijverheid' in A.M.J.V. Berkvens, J. Hallebeek, A.J.B. Sirks (eds), Het Franse Nederland: de inlijving 1810–1813. De juridische en bestuurlijke gevolgen van de ‘Réunion’ met Frankrijk (Verloren, Hilversum 2012) [...]
The incorporation of the Netherlands in 1810 into the Napoleontic Empire meant the instant introduction of French law, under abolition of previous Dutch law. This was also the case for commerce, industry and agriculture. The complete subjugation to the Continental Blockade meant that for trade economic circumstances deteriorated, notwithstanding that this was partly compensated by the increased trade in specific agricultural products. To a certain extent it was the result of a decline over a much longer period. Financial activities suffered also in the end. The French law on commerce (primarily the Code of commerce, further an array of specific statutes and decretes) did only partially prove to be the modernisation needed. Particularly the Code was, compared to previous Dutch drafts and the draft of 1809, a tragic set-back, which was not made good until the new Code of commerce of 1838. However, other specific regulations proved to inspire new legislation or were maintained.
2011
P S Davies, 'Lighting the way ahead: the use and abuse of property rights' in S Bright (ed), Modern Studies in Property Law - Volume 6 (Hart 2011)
2010
P S Davies, 'Injunction' in J McGhee QC (ed), Snell's Equity (32nd edition) (Sweet and Maxwell 2010)
P S Davies and J O'Sullivan, 'Rectification' in J McGhee QC (ed), Snell's Equity (32nd edition) (Sweet and Maxwell 2010)
T Krebs, 'Agency Law for Muggles: Why There is no Magic in Agency' in Andrew Burrows, Edwin Peel (eds), Contract Formation and Parties (Oxford University Press 2010)
2009
T Krebs, 'Art. 2, Section 2: Authority of agents' in Stefan Vogenauer, Jan Kleinheisterkamp (eds), Commentary on the Principles of European Commercial Contracts (PICC) (Oxford University Press 2009)
2002
Roy Goode, 'Are Intangible Assets Fungible' in Peter Birks and Arianna Pretto (eds), Themes in Comparative Law (Oxford University Press 2002) [...]
Analyses the concept of fungibility in relation to intangible property and seeks to show that things often described as fungibles, eg shares, are in fact single assets the subject of co-ownership, so that questions of appropriation and identification do not arise.
ISBN: 0-19-9258566-2
Case Notes
2013
P S Davies, 'Registered charges in the contractual matrix' (2013) 129 LQR 24
P S Davies and P Turner, 'Relief against penalties without a breach of contract' (2013) 72 CLJ 20
2012
P S Davies, 'Interpreting commercial contracts: a case of ambiguity?' [2012] LMCLQ 26
P S Davies, 'No leapfrogging of contract in unjust enrichment' (2012) 71 CLJ 37
2011
P S Davies, 'Interpreting Commercial Contracts: Back to the Top' (2011) 127 LQR 185
P S Davies, 'Negotiating the boundaries of admissibility' (2011) 70 CLJ 24
2010
P S Davies, 'Bank charges in the Supreme Court' (2010) 69 CLJ 21
P S Davies, 'Contract and unjust enrichment: a blurry divide' (2010) 126 LQR 175
P S Davies and P Rogerson, 'Swaps in another dimension' [2010] LMCLQ 529
2009
P S Davies, 'Auditors? Liability: no need to detect fraud?' (2009) 68 CLJ 505
P S Davies, 'Finding the Limits of Contractual Interpretation' [2009] LMCLQ 420
P S Davies, 'The Illegality Defence and Public Policy' (2009) 125 LQR 556
2008
P S Davies, 'Bank Charges and Unfair Terms' (2008) 67 CLJ 466
Others
2008
L Gullifer and Professor Sir Roy Goode, 'Goode on Legal Problems of Credit and Security (4th ed. edited by Louise Gullifer)' (2008) Sweet & Maxwell [...]
4th edition of this well-known key text by Sir Roy Goode
Reviews
2011
P S Davies, 'Review of Michael Furmston and GJ Tolhurst, "Contract Formation: Law and Practice" (OUP 2010)' (2011) 70 CLJ 470
P S Davies, 'Review of Qiao Liu, "Anticipatory Breach" (Hart, 2011)' [2011] LMCLQ 496
P S Davies, 'Review of Rebecca Williams, "Unjust enrichment and public law" (Hart, 2010)' (2011) 127 LQR 483
T Krebs, 'Review of Watts, P, Bowstead & Reynolds on Agency (19th ed.) and Munday, RJC, Agency: Law and Principles' (2011) Restitution Law Review 272
D P Nolan, 'The Law of Electronic Commerce' [2011] [2010] Lloyd's Maritime and Commercial Law Quarterly 677
Courses
The courses we offer in this field are:
Undergraduate
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
[less]
Part of the fascination of commercial law springs from its responsiveness to the changing needs of the business community. Through the ingenuity of those in business and their legal advisers new instruments and procedures are constantly being devised which have to be tested for their legal effect against established principles of the law of property and obligations.
The core of the course involves a rigorous examination of personal property law in the context of commercial transactions, together with contractual issues of central importance to commercial transactions. The first part of the course looks at issues related to the sale of goods, such as implied terms, transfer of property and title disputes with third parties. Basic principles of commercial transactions, such as assignment, agency and possession are then examined. The last part of the course looks at real security in personal property, including priorities (between secured interests) and the characterisation of, and justification for, real security. There are also lectures covering negotiable instruments and documents of title to goods.
A feature of the whole course is that the student learns how a desired legal result can be achieved, or a legal hazard avoided, by selection of an appropriate contract structure.
Though students will be expected to analyse statutory materials as well as case law, a distinguishing feature of the course is its concentration on fundamental concepts and their application in a commercial setting. The course thus offers an intellectual challenge and provides a good foundation for those contemplating practice in the field of commercial law.
The course is taught by Dr. Thomas Krebs, Professor Louise Gullifer and Professor Hugh Beale. Teaching is by a combination of tutorials (arranged by your college tutor), and seminars given in Michaelmas and Hilary Terms. Lectures are also given in Michaelmas and Hilary Terms.
[less]
Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
[less]
Part of the fascination of commercial law springs from its responsiveness to the changing needs of the business community. Through the ingenuity of those in business and their legal advisers new instruments and procedures are constantly being devised which have to be tested for their legal effect against established principles of the law of property and obligations.
The core of the course involves a rigorous examination of personal property law in the context of commercial transactions, together with contractual issues of central importance to commercial transactions. The first part of the course looks at issues related to the sale of goods, such as implied terms, transfer of property and title disputes with third parties. Basic principles of commercial transactions, such as assignment, agency and possession are then examined. The last part of the course looks at real security in personal property, including priorities (between secured interests) and the characterisation of, and justification for, real security. There are also lectures covering negotiable instruments and documents of title to goods.
A feature of the whole course is that the student learns how a desired legal result can be achieved, or a legal hazard avoided, by selection of an appropriate contract structure.
Though students will be expected to analyse statutory materials as well as case law, a distinguishing feature of the course is its concentration on fundamental concepts and their application in a commercial setting. The course thus offers an intellectual challenge and provides a good foundation for those contemplating practice in the field of commercial law.
The course is taught by Dr. Thomas Krebs, Professor Louise Gullifer and Professor Hugh Beale. Teaching is by a combination of tutorials (arranged by your college tutor), and seminars given in Michaelmas and Hilary Terms. Lectures are also given in Michaelmas and Hilary Terms.
[less]
Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
[less]
This course aims to provide an in-depth understanding of remedies in a commercial context, interpreting that phrase in a wide sense. So it will cover remedies for civil wrongs (ie, breach of contract, tort and equitable wrongs) but will exclude any direct consideration of damages for personal injury and death. The course will build on knowledge which all law undergraduates ought to have and, in some areas, will enable students to look in greater depth at matters dealt with at undergraduate level. The approach will be avowedly traditional in that the focus will be on case analysis and doctrine. As with the Restitution of Unjust Enrichment course, with which this will dovetail, the anticipation is that developments at the cutting edge of the law will be constantly debated. An important and novel aspect of the course will be to discuss alongside remedies for the common law wrongs of breach of contract and torts, remedies for the equitable wrongs, such as breach of fiduciary duty.The intention is to have 11-12 seminars, 4 tutorials and 2 introductory lectures, across Michaelmas and Hilary. The standard exam for the BCL (ie, 3 hour closed book) will be set. The course will be primarily structured in terms of the functions or goals of the different civil remedies. It will therefore cover, for example, compensation, restitution for wrongs, punishment, declaring rights, compelling performance, preventing (or compelling the undoing of) a wrong, termination for breach of contract, agreed remedies, and election between remedies.
[less]
MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
[less]
This course aims to provide an in-depth understanding of remedies in a commercial context, interpreting that phrase in a wide sense. So it will cover remedies for civil wrongs (ie, breach of contract, tort and equitable wrongs) but will exclude any direct consideration of damages for personal injury and death. The course will build on knowledge which all law undergraduates ought to have and, in some areas, will enable students to look in greater depth at matters dealt with at undergraduate level. The approach will be avowedly traditional in that the focus will be on case analysis and doctrine. As with the Restitution of Unjust Enrichment course, with which this will dovetail, the anticipation is that developments at the cutting edge of the law will be constantly debated. An important and novel aspect of the course will be to discuss alongside remedies for the common law wrongs of breach of contract and torts, remedies for the equitable wrongs, such as breach of fiduciary duty.The intention is to have 11-12 seminars, 4 tutorials and 2 introductory lectures, across Michaelmas and Hilary. The standard exam for the BCL (ie, 3 hour closed book) will be set. The course will be primarily structured in terms of the functions or goals of the different civil remedies. It will therefore cover, for example, compensation, restitution for wrongs, punishment, declaring rights, compelling performance, preventing (or compelling the undoing of) a wrong, termination for breach of contract, agreed remedies, and election between remedies.
[less]
People
Commercial Law teaching is organized by a Subject Group convened by:
Louise Gullifer: Professor of Commercial Law and
Thomas Krebs: University Lecturer in Commercial Law
in conjunction with:
Hugh Beale: Visiting Professor
Andrew Burrows, QC: Professor of the Law of England
Paul S Davies: Fellow and Tutor, St Catherine’s College
Ewan McKendrick: Registrar
Also working in this field, but not involved in its teaching programme:
Tatiana Cutts: DPhil Law student
Roy Goode: Emeritus Professor of Law
Christopher Hare: CUF Lecturer
Robert B Stevens: Retired. Formerly Master of Pembroke
