1
of
1
Mandatory and Default Rules in Contract and Commercial Law
Series: Hart Studies in Private Law
Brief Description
Mandatory and Default Rules in Contract and Commercial Law is a collection exploring the nature and justification of mandatory rules, which are non-excludable, and default rules, which can be modified or excluded by the parties in contract and commercial law. The collection distinguishes between different kinds...
Read More
Format: Hardback
$22000
Unit price
/
Unavailable
AVAILABLE WITH SUPPLIER
Ships from our Auckland warehouse within 4-6 weeks
Found a better price? Request a price match
Mandatory and Default Rules in Contract and Commercial Law
$22000
Unit price
/
Unavailable
Latest News
Liv Sisson visits Book Hero
We were so lucky to have geologist and author Liv Sisson visit us at Book...
Suzanne Paul visits Book Hero
We were so excited to have THE iconic Suzanne Paul visit Book Hero last week...
What Keeps Us Coming Back to Historical Fiction?
Have you ever finished a historical novel and immediately looked up the real events behind...
Your Guide to Freida McFadden
Freida McFadden is a powerhouse of a thriller writer, with over 30 books to her...
New Releases to add to your TBR (3rd November)
Lizzy is rounding up the new releases of the week featuring the books on her...
See moreA landmark examination of mandatory and default rules as they impact on commercial contracts.
A landmark examination of mandatory and default rules as they impact on commercial contracts.
Book Hero Magic formatted this description to make it easier to read. While it's new and
still learning, it may not be perfect - your
feedback is welcome!
Description
Mandatory and Default Rules in Contract and Commercial Law is a collection exploring the nature and justification of mandatory rules, which are non-excludable, and default rules, which can be modified or excluded by the parties in contract and commercial law.
The collection distinguishes between different kinds of mandatory and default rules that govern commercial transactions. It also explores the choice of rule in various situations. Which rules are mandatory, and are there clearly understood and convincing reasons for parties to be denied choice?
In the case of default rules, on what basis is the default position selected? The collection also explores the fundamentally important relationship between default rules and interpretation, and, relatedly, between default rules and contractual risk allocation.
This collection will be of interest to academics and practitioners working across the field of commercial law.
Series: Hart Studies in Private Law
View all-
Private Law and Building Safety
This collection of essays explores the real-world problem of building safety through the lens of private law. High profile building failures, including the fire at Grenfell Tower, London, England, and the collapse of Champlain Towers South, Florida, USA, have exposed widespread building safety failures globally. In this book, international experts deploy a variety of different private law perspectives, ranging through...Hardback$19800Unit price /UnavailableAvailableShips in 4-6 weeks -
Contractual Indemnities
Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. Contractual Indemnities by Wayne Courtney examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law. The book presents a coherent theory of the promise of indemnity...Paperback$13199Unit price /UnavailableAvailableShips in 4-6 weeks -
Final Injunctions in Tort Law
This book is the first considered study of final injunctions in tort law. It devises a novel taxonomy of such injunctions and explores the implications of the law on injunctions for the way in which scholars think about tort law more generally. The book begins by analysing how the injunction in aid of legal rights came to be developed as...Hardback$19800Unit price /UnavailableAvailableShips in 4-6 weeks -
The Scope and Structure of Unjust Enrichment
This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subjectβs critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way)...Hardback$19800Unit price /UnavailableAvailableShips in 4-6 weeks -
Unjust Enrichment and Countervailing Obligations
This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law. It examines the question primarily by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio...Hardback$18700Unit price /UnavailableAvailableShips in 4-6 weeks -
Causation in Negligence
The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with...Paperback$15400Unit price /UnavailableAvailableShips in 2-3 weeks -
Life and Death in Private Law
Private law regulates life; this is self-evident, but how does it regulate death? This edited collection explores this question. Life and death are the beginning and end of the legal person: the instigator and terminator of rights, interests and obligations. They are also the nominal separator of particular fields of law (medical law from succession law, for example). As such,...Hardback$19800Unit price /UnavailableAvailableShips in 4-6 weeks -
Politics, Policy and Private Law
This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property...Paperback$9899Unit price /UnavailableAvailableShips in 4-6 weeks -
The Duty of Care in Negligence
This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that The Duty of Care in Negligence provides some fresh insights and clarity of the...Paperback$14200Unit price /UnavailableAvailableShips in 2-3 weeks -
Tort Law Defences
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book...Paperback$8799Unit price /UnavailableAvailableShips in 4-6 weeks -
Accessory Liability
Accessory Liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the βdirect wrongdoerβ may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal...Paperback$8799Unit price /UnavailableAvailableShips in 4-6 weeks -
A Unified Approach to Contract Interpretation
Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book...Hardback$43100Unit price /UnavailableAvailableShips in 2-3 weeks
Book Details
INFORMATION
ISBN: 9781509971206
Publisher: Bloomsbury Publishing PLC
Format: Hardback
Date Published: 19 February 2026
Country: United Kingdom
Imprint: Hart Publishing
Contributors:
- Edited by William Day
- Edited by Professor Andrew Robertson
- Edited by Katy Barnett
- Edited by Dr Jonathan Morgan
Audience: Professional and scholarly
DIMENSIONS
Spine width: 24.0mm
Width: 158.0mm
Height: 234.0mm
Weight: 660g
Pages: 344
About the Author
Katy Barnett is Professor in Law at the University of Melbourne, Australia.
William Day is Fellow of Downing College, Cambridge and a barrister at 3 Verulam Buildings, UK.
Jonathan Morgan is Professor of English Law and Fellow of Corpus Christi College, University of Cambridge, and a barrister at Essex Court Chambers, UK.
Andrew Robertson is Professor of Law and Director of Studies in Private Law at the University of Melbourne, Australia.
More from Education & Reference
View all-
Revenge of the Tipping Point
Twenty-five years after the publication of his groundbreaking first book, Malcolm Gladwell returns with a brand new volume that reframes the lessons of The Tipping Point in a startling and revealing light. What does the heartbreaking fate of the cheetah tell us about the way we raise our children? Why do elite universities care so much about sports? What is...Paperback$2999Elsewhere:$3999Unit price /UnavailableAvailableShips in 4-6 weeks -
The Body Keeps the Score
The Body Keeps the Score by Dr Bessel van der Kolk is a compelling and compassionate exploration of the deep-seated impact of trauma on the human body and mind. This groundbreaking work delves into the complex causes of trauma and paints a vivid picture of the revolutionary treatments that are enabling countless individuals to reclaim their lives filled with purpose...Paperback$2400Elsewhere:$3000Unit price /UnavailableIn StockShips today -
One Last Question, Prime Minister
From Muldoon to Luxon, untold stories from the House of Parliament Barry Soper has spent close to five decades questioning New Zealand's prime ministers.From the imposing, larger-than-life characters of Rob Muldoon and David Lange, to the golden age of Helen Clark and John Key, and the post-Covid era of Jacinda Ardern and the 'Chrises', Soper's insight and nose for a...Paperback$3199Elsewhere:$3999Unit price /UnavailableIn StockShips today -
New ReleaseSong of the Birds
A stunning and panoramic history of native birds in Aotearoa, from the bestselling author of The Meaning of Trees For millions of years, the song of the birds echoed throughout Aotearoa, with no one around to hear it. While the arrival of humans would transform their story forever - birds may have changed us even more. In this beautiful and...Hardback$4499Elsewhere:$5500Unit price /UnavailableIn StockShips today -
New ReleaseLucky You're Tough
Lucky You're Tough chronicles the early life of helicopter pilot and NZSAS soldier Mark Law, from growing up in the rural wilds of WhangamΕmona through to surviving a series of life-threatening events that would shape his life and career. After a career as a badged soldier in the NZSAS that led to an intriguing stint with the British SAS and...Paperback$3199Elsewhere:$3999Unit price /UnavailableIn StockShips today -
New Release
Hormone Health is Mental Health
Hormone Health is Mental Health is a lifechanging guide to understanding perimenopause and midlife women's mental health - and how understanding your hormones is the first step to feeling like yourself again. This book is for women in their thirties, forties, and fifties who feel like they're falling apart. Women who feel like their brains and bodies are betraying them,...Paperback$3299Elsewhere:$4000Unit price /UnavailableIn StockShips today -
New ReleaseAmerican Hagwon
βProfoundly generous and humaneβ DOUGLAS STUARTβEngrossing β¦ brilliantly imaginedβ COLM TΓIBΓNβBreathtaking β¦ I adored itβ ELIF SHAFAKβExtraordinaryβ TARA WESTOVERMin Jin Lee, the acclaimed author of Pachinko, returns with a breathtaking contemporary epic that follows one family as they reckon with personal dreams and familial duty. John and Helen Koh and their three children β Bo, DH and Mido β are...Paperback$3199Elsewhere:$3999Unit price /UnavailableIn StockShips today -
The Age Code
What if the food you eat could rewind your biological clock? 'Clear and compelling' β Chris van Tulleken 'Really interesting and insightful' β Joe Wicks 'Fascinating' β Tim Spector From the rising incidence of cancer in the under-50s to increased infertility rates, there are signs everywhere that growing numbers of us are ageing too quickly. Why? Many believe thereβs one...Paperback$2999Elsewhere:$3799Unit price /UnavailableIn StockShips today -
Kitchen Confidential
The classic bestseller from the star of Parts Unknown and No Reservations: 25th Anniversary edition, with a new introduction by Irvine Welsh. BEFORE THERE WAS THE BEAR, THERE WAS BOURDAIN. βElizabeth David written by Quentin Tarantinoβ β A.A. Gill βFantastic: as lip-smackingly seductive as a bowl of fat chips and pungent aioliβ β Daily Telegraph After twenty-five years of sex,...Paperback$2500Elsewhere:$2799Unit price /UnavailableIn StockShips today -
New ReleaseThe Cauldron
How did an elderly cleric overthrow the Shah of Iran and change the world?Why did Bin Laden attack the USA - and why did the USA destroy Saddam?How did Britain and France carve up the Middle East - and why did the Kurds never get their own state? THE ESSENTIAL GUIDE TO THE MAKING OF TODAY'S MIDDLE EAST: A SPELLBINDING...Hardback$4999Elsewhere:$6000Unit price /UnavailableIn StockShips today -
The 48 Laws Of Power
The 48 Laws of Power by Robert Greene is a modern classic that delves into the complexities of power dynamics and strategies for gaining and maintaining power. Greene meticulously examines the principles that have driven those who wield power, from ancient rulers and military leaders to modern-day figures. The book unfolds through historical anecdotes, examining the tactics, victories, and mistakes...Paperback$3400Elsewhere:$4500Unit price /UnavailableIn StockShips today -
Fungi of Aotearoa
The complete introduction to finding, identifying and using mushrooms and other fungi in New Zealand. Enter and explore the fascinating world of fungi. In this practical and up-to-date guide, forager and fungus enthusiast Liv Sisson shares her top tips and takes the reader on a journey to discover the unique and diverse fungi Aotearoa has to offer. Discover how to...Paperback$3200Elsewhere:$4500Unit price /UnavailableIn StockShips today
Why buy from us?
Book Hero is not a chain store or big box retailer. We're an independent 100% NZ-owned business on a mission to help more Kiwis rediscover a love of books and reading!
Service & Delivery
Our warehouse in Auckland holds over 160,000 books, toys, board games and puzzles in-stock so you're not waiting for your order to arrive from overseas.
Auckland Bookstore
We're primarily an online store, but for your convenience you can pick up your order for free from our bookstore, which is right next door to our warehouse in Hobsonville.
Our Gifting Service
Books make wonderful thoughtful gifts and we're here to help with gift-wrapping and cards. We can even send your gift directly to your loved one.
