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Graham Glover is a Professor in the Faculty of Law at Rhodes University and the youngest-ever editor of the South African Law Journal . He teaches courses in the law of contract, sale, insurance, unjustified enrichment and also part of a course on Legal Skills.
Glover became a lecturing academic in the Faculty of Law at Rhodes in 1998. After receiving his PhD degree in 2004 for a thesis entitled The Doctrine of Duress in the Law of Contract and Unjustified Enrichment in South Africa, he was appointed senior lecturer in 2004, and in 2008 became an associate professor.
Glover's research interests are mainly in the field of contract law: He has published nineteen journal articles in this area of law, and delivered several conference papers at local and international conferences and colloquia. A protégé of the late AJ Kerr, he is co-author of the most recent editions of Kerr's The Principles of the Law of Contract and The Law of Sale and Lease. In 2006, he compiled and edited the book, Essays in Honour of AJ Kerr, a festschrift honouring Kerr's contribution to legal academia in South Africa.
Glover also contributes the chapter on "Divorce" to the Family Law Service. He was Technical Editor of the Speculum Juris Law Journal from 2003 to 2008, and joined the editorial team at the South African Law Journal (SALJ) as notes editor in 2009. With the departure of the two senior editors at the end of that year, the new editorial team requested of Glover that he take over the reins of the SALJ for an initial period of at least three years.
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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages, restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution.
The doctrine of impossibility or impossibility of performance or impossibility of performance of contract is a doctrine in contract law.
The Faculty of Law and Justice of the University of New South Wales is a law school situated in Sydney, Australia. It is widely regarded as one of Australia's top law schools. The 2021 QS World University Rankings rank the UNSW Law Faculty 13th in the world, first for undergraduate law in Australia, 2nd overall in Australia and 3rd in the Asia-Pacific region, and the 2021 Times Higher Education subject rankings also rank it second in Australia, making it the top ranked law school in New South Wales according to both tables, as well as being the top undergraduate Law school in the country.
Canadian contract law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within Québec. Outside Québec, Canadian contract law is derived from English contract law, though it has developed distinctly since Canadian Confederation in 1867. While Québecois contract law was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of Quebec, which codifies most elements of contract law as part of its provisions on the broader law of obligations. Individual common law provinces have codified certain contractual rules in a Sale of Goods Act, resembling equivalent statutes elsewhere in the Commonwealth. As most aspects of contract law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, contract law may differ even between the country's common law provinces and territories. Conversely; as the law regarding bills of exchange and promissory notes, trade and commerce, maritime law, and banking among other related areas is governed by federal law under Section 91 of the Constitution Act, 1867; aspects of contract law pertaining to these topics are harmonised between Québec and the common law provinces.
Hector Lewis MacQueen is a Scottish academic, a senior scholar of Scots law and legal history, and a former member of the Scottish Law Commission. He is Professor of Private Law at the University of Edinburgh and a former Dean of its Faculty of Law. He is author, co-author and editor of a large number books on Scottish law and legal history, including the 11th, 12th, 13th and 14th editions of the standard text Gloag & Henderson Law of Scotland, and is former Literary Director of the Stair Society. Stetson University College of Law, Florida, appointedway. He is currently a member of the International Advisory Group for the JKLH-funded project, 'The Paradox of Medieval Scotland, 1093-1286'. In 1995 he became a Fellow of The Royal Society of Edinburgh.
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth, from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights.
Charles Christopher James Mitchell KC (Hon) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies.
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date, and the activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty.
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences.
Matthew Henry Kramer is an American philosopher, and is currently a Professor of Legal and Political Philosophy at the University of Cambridge and a Fellow of Churchill College, Cambridge. He writes mainly in the areas of metaethics, normative ethics, legal philosophy, and political philosophy. He is a leading proponent of legal positivism. He has been Director of the Cambridge Forum for Legal and Political Philosophy since 2000. He has been teaching at Cambridge University and at Churchill College since 1994.
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which persons can transact business and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary, enforce them. The law of contract underpins private enterprise in South Africa and regulates it in the interest of fair dealing.
Contract law in Saudi Arabia is governed by the conservative Hanbali school of Sharia law, which adopts a fundamentalist and literal interpretation of the Quran. Any contract that is not specifically prohibited under Sharia law is legally binding, with no discrimination against foreigners or non-Muslims.
Alastair James Kerr was an Advocate of the High Court of South Africa, Professor Emeritus and Fellow at Rhodes University, and one of South Africa's legal scholars.
The South African Law Journal is a quarterly law journal published by Juta & Co. It is South Africa's leading law journal and the second oldest law journal in the English-speaking world, after the University of Pennsylvania Law Review.
The South African law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale, generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money.
The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease. This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one, the lessor, binds himself to give the other, the lessee, the temporary use and enjoyment of a thing, in whole or in part, or of his services or those of another person; the lessee, meanwhile, binds himself to pay a sum of money as compensation, or rent, for that use and enjoyment. The law of lease is often discussed as a counterpart to the law of sale.
Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd is an important case in the South African law of lease.
In Jordaan NO and Another v Verwey, an important case in the South African law of lease, the parties entered into an oral contract which they described as a lease. The alleged lessee was given the right to use five orchards, in return for which he was obliged to install and commission a microjetting system in that orchard of the leased premises known as "Girlsland."
Eastern Cape v Contract Props, is an important case in the South African law of lease, where Eastern Cape entered into a contract of lease with the respondent, without complying with or without making use of procedures prescribed by the Provincial Tender Board Act.
Part performance is an equitable doctrine in New Zealand law.