The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law.
Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts.
The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.
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About the Author
Professor Michael Furmston is an internationally–acknowledged authority on contract and commercial law. The author of the leading textbook Cheshire Fifoot & Furmston on Contract (17th edition 2017) and Editor of the Construction Law Reports, volumes 1-150, his published work extends to over 20 books and many dozens of articles, chapters and other contributions.
An eminent academic, he has taught at Oxford, where he was a Fellow of Lincoln College; at Bristol, where he was Dean of the Faculty of Law and Pro Vice Chancellor; and also at other institutions of international standing. He was appointed Emeritus Professor at Bristol in 1998 and Dean and Professor at Singapore Management University’s School of Law.
Professor Furmston was called to the English Bar in 1960 (Gray’s Inn) and has been a Bencher of Gray’s Inn since 1989. He appeared in the House of Lords in Ruxley Electronics and Construction Ltd v Forsyth on the measure of damages for defective construction and has acted as consultant to many clients, owners, contractors and consultants on commercial and construction law. ORCID 0000-0002-6954-2698
Table of Contents
1. An Overview
2. The Implied Obligation of Good Faith
3. Good Faith and the Supreme Court of Canada
4. The Quagmire of Utmost Good Faith in Insurance Law: A Comparative Study of Malaysian, Australian, and English Laws in Consumer Insurance Contracts
Cheah You Sum
J. W. Carter and Michael Furmston
6. Automated Transactions and the Law of Contract: When Codes are Not Congruent
7. The Resilience of Contract Law in Light of Technological Change
8. A Collision of Contract and Privacy Law in a Digital Environment—An Accident Waiting to Happen! A Comparative Study
Cirami Mastura Drahaman
9. Setting Out a Comprehensive Legal Framework to Govern Exclusion Clauses in Malaysia: Lessons from the United Kingdom and Australia
10. Economic Duress: Present State and Future Development: England, Australia and Malaysia
Sri Bala Murugan
11. The Validity of Choice of Court Agreements in International Commercial Contracts Under the Hague Choice of Court Convention and the Brussels Ia Regulation
12. De-Identification of Islamic Finance Contracts by the Common Law Courts