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Laura macgregor, 'specific Implement in Scots Law ' in Jan Smits, daniel haas, geerte hesen (ed.) Specific Performance in Contract Law (Intersentia 2008) 67-93 laura macgregor, 'agency ' in Hector Macqueen, reinhard Zimmermann (ed.) European Contract Law (Edinburgh University Press 2006) 123-50 Abstract: This chapter. It explains that agency is often considered to be more properly part of commercial rather than contract law and evaluates the extent of English influence which has operated on contract law in Scotland and south Africa. The chapter discusses the innovations in English law contained within the Principles of European Contract Law (pecl and how useful those might be for Scots and south African lawyers. It argues that the pecl framework for indirect representation and apparent authority is likely to be acceptable to Scots and south African lawyers, and that it is clear that the common Law has been highly influential in the modelling of the pecl provisions. Laura macgregor, 'agency and Mandate ' in The laws of Scotland (Butterworths and the law Society of Scotland 2002) 1-110 laura macgregor, 'pacta Illicita ' in Kenneth reid, reinhard Zimmermann (ed.) a history of Private law in Scotland (Oxford University Press 2000) 129-55 Abstract: Since. However, despite this early adoption of an approach, this part of Scots law remains relatively unexplored. This chapter focuses on the part of Scots law that prohibits and refuses of uphold illegal contracts.

In his works he makes extensive use of English case-law. Case-law, both Scots and English, is the second main source of agency law in Scotland. Indeed, the influence of English case-law has grown so that, today, english precedents are discussed as much if not more than Scottish ones in the Scottish e resultant mixture poses a challenge to those seeking to analyse Scots agency law. Laura macgregor, 'mandate contracts ' in Christian von Bar, person Eric Clive (ed.) Principles, definitions and Model Rules of European Private law (Sellier 2009) 2025-80 laura macgregor, 'the effect of unexpected circumstances on contracts in Scotland and louisiana ' in Vernon Valentine palmer, Elspeth Christie reid. The subject lies at the heart of commercial law, and one of the most interesting issues is likely to be whether the influence of the United States and England, world-leading commercial systems, has been dominant. The subject poses challenges to the comparatist. Louisiana, like many other legal life systems, employs more than one legal concept in this area. By contrast, in Scots law, the unitary concept of frustration is applied to all cases. Other obstacles to be overcome include structural differences in the law of contract, and the difficult boundary between unexpected circumstances and error. Despite these difficulties, the chapter concludes that the two mixed legal systems can indeed learn from one another, in particular by drawing on the best parts of the different sources available to them.

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It arises when the agent concludes a contract in the name of the principal, but has no authority at all, when he exceeds his authority or when the agent's authority has ended at the time of the conclusion of the contract. Laura macgregor, 'unauthorised Agency in Scots Law ' in Danny busch, laura. Macgregor (ed.) The Unauthorised Agent (Cambridge University Press 2009) 261-99 Abstract: In the Introduction to this book, scots and south African law were described as mixed legal systems: the product of civilian foundations overlaid by later common law influence. Agency law in Scotland reflects this mixed nature. The first major source of Scots agency law is the body of work produced by the Scottish institutional writers, whose works are considered to be an actual source of law. The most notable of those writers, james Dalrymple, dissertation viscount Stair, writing in the latter half of the seventeenth century, analysed the law of mandate in his Institutions. Throughout his title he makes frequent reference to roman law, principally the digest and Institutes. It is not surprising, therefore, that some of the solutions found there have a distinctly civilian flavour. Another institutional writer, george joseph Bell, who produced the first edition of his book on what we would now call commercial law between 18, developed those early principles of mandate into a body of law which more clearly resembles modern agency law.

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Smits (ed.) Elgar Encyclopedia of Comparative law (Edward Elgar Publishing 2012) 37-64 laura macgregor, 'national Report for Scotland ' in Ewoud Hondius, hans Christoph Grigoleit (ed.) Unexpected Circumstances in European Contract Law (Cambridge University Press 2011) laura macgregor, danny busch, 'comparative law evaluation '. In addition, as set out in the introductory chapter, we highlight the areas where the common core is deficient. To the extent that the common core is lacking, we suggest which approach is part ii we devote some attention to the nature and general effect resume of unauthorised agency. Afterwards, we turn to the main exceptions to the general effect of unauthorised agency: apparent authority (III) and ratification (IV). In part v a treatment of the liability of the falsus procurator is provided. Part vi contains a treatment of the interrelationship between apparent authority, ratification and the liability of the falsus procurator. Parts vii and viii each elaborate on special cases which can be associated with unauthorised agency, namely, acting in the name of a principal yet to be named and acting in the name of a company yet to be incorporated. Unauthorised agencyIn the legal systems studied, unauthorised agency arises in a wide variety of cases.

The availability of unjustified enrichment remedies in this type of situation has been a vexed question, not only in Scots law, but in many other jurisdictions. This article looks at the Scottish approach to the availability of enrichment remedies and also at the related question of whether it is possible for title to goods to pass under an illegal contract. The focus thereafter lies on options for reform, and, in particular, the use of legislative discretion. Hector Macqueen, laura macgregor, 'specific Implement, Interdict and Contractual Performance (1999 Edinburgh Law review, vol 3, pp 239-46 laura macgregor, Charlotte villiers, 'independence of Auditors: Comparing Spain and the uk (1998 european Business Law review, vol 9, pp 318-25 laura macgregor, 'a statutory right. Macgregor uses the fuller-Perdue model to consider Scottish decisions in this area of law. Her detailed analysis shows that Scottish courts have given more explicit recognition to expectation interest than to the other two factors and she argues that Scots law of contract might benefit if the courts were to show greater awareness of the place of reliance and. Chapters laura macgregor, 'the role of agency in Scottish partnerships ' in Andrew Steven, john MacLeod, ross Anderson (ed.) Nothing so Practical as a good Theory (avizandum Publishing Ltd 2017) 88-101 laura macgregor, 'the agent's warranty of authority recent developments in the uk'. Green 2016) 63-96 laura macgregor, unwelcome Knowledge' imputation of the Agent's Knowledge in the Pre-contractual Phase of Insurance' in Danny busch, laura macgregor, peter Watts (ed.) Agency law in Commercial Practice (Oxford University Press 2016) 201-221 laura macgregor, 'defining Agency and Its Scope i '. Verhagen, 'agency and Representation ' in Jan.

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Articles laura macgregor, 'crossing the line between Business Common Sense and Perceived fairness in Contractual Interpretation (2015 Edinburgh Law review, vol 19, pp 378-383 laura macgregor, 'english and European Perspectives on Contract and Commercial Law. Essays in Honour of Hugh beale. Eds louise gullifer and Stefan Vogenauer (2015 Edinburgh Law review, vol 19, pp 440-442 laura macgregor, 'comparative commercial Contracts, law, culture, and Economic development (2015 banking and Finance law review, vol 31, pp 225-230 laura macgregor, 'moors the pity: The case of the missing Grouse. Whitty, 'payment of Another's Debt, Unjustified Enrichment and ad hoc Agency (2011 Edinburgh Law review, vol 15, pp 57-87 laura macgregor, 'exploring Contract Law. Ed by jason w neyers (2011 Edinburgh Law review, vol 15, pp 151-53 laura macgregor, 'apparent Authority in Agency: Gregor Homes v emlick (2011 Edinburgh Law review, vol 15, pp 442-48 laura macgregor, 'acting on Behalf of a non-existent Principal (2010 Edinburgh Law review, vol. Broadly speaking, the project concerned the problems caused by agents agent who act in an unauthorized manner and the legal concepts used to tackle those problems. These issues are analysed in the context of different national legal systems within the european Union and beyond.

Drawing on the national chapters, the authors provide a detailed comparative analysis. Within this context, they assess whether a common law/civil law divide exists, and also analyse the contribution made by mixed legal systems. Finally, the book assesses the approach of international instruments such as the Principles of European Contract Law (pecl) and the Unidroit Principles of International Commercial Contracts. Laura macgregor, 'compensation for Commercial Agents: An End to Plucking Figures from the air? (2008 Edinburgh Law review, vol 12, pp 86-93 laura macgregor, 'reinhard Zimmermann, The new German Law of Obligations: Historical and Comparative perspectives (2007 Edinburgh Law review, vol 11, pp 455-57 laura macgregor, danny busch, 'apparent Authority in Scots Law: Some International Perspectives (2007 Edinburgh Law. The contract may, however, have been partially performed. For example, one contracting party may have delivered goods and received no payment from the other contracting party.

The analysis extends beyond Europe, however, taking into account the mixed legal system of south Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the unidroit principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private law. Laura macgregor, report Prepared for the civil division of the Scottish government on the document Known as Principles, definitions and Model Rules of European Private law (dcfr), (Scottish government, 2008 abstract: This report considers the dcfr from the perspective of Scots law, focussing on its. Different sections of the report assess the role and function of the dcfr from the perspective of firstly of consumers and secondly of businesses.

Laura macgregor, report on the Draft Common Frame of Reference : a report prepared for the Scottish government by laura macgregor, University of Edinburgh, on the document known as 'Principles, definitions and Model Rules of European Private law', (Scottish government, 2008) Abstract: This report considers the. An executive summary is also provided. Laura macgregor, Fraser davidson, commercial Law in Scotland, (W. Green, 2008) laura macgregor, Fraser davidson, commercial Law in Scotland, (W. Green, 2003) Abstract: Commercial Law in Scotland is a clear and up-to-date, user-friendly guide to the subject of commercial law as it operates in Scotland. Laura macgregor, tony Prosser, Charlotte villers, regulation and Markets beyond 2000, (Ashgate publishing, 2000) Abstract: developments of technologies in transport and communications have resulted in new regulatory systems, techniques and institutions. This book seeks to provide the reader with an overview of these regulatory mechanisms by presenting them in their contexts and identifying links between them.

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Green, 2014 laura macgregor, The law of Agency in Scotland, (W. Green, 2013 gillian Black, david Cabrelli, martin Hogg, laura macgregor, contract Law Update, (Trinity law, 2012). Abstract: This is the second edition of 'contract Law Update a text aimed at providing summaries and analysis paper of major contract cases from Scottish and English law. The cases discussed include coverage of: - pre-contractual liability restaurant - formation of contract - incorporation of terms - contractual interpretation - implication of terms - unfair terms - remedies for breach of contract - contract and unilateral promise - contract and unjustified enrichment - the. Danny busch, laura macgregor, The Unauthorised Agent : Perspectives from European and Comparative law, (Cambridge University Press, 2009 abstract: The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the european common law/civil law divide.

essays on the law of nature summary

Further information can be found at /dsg/common-core/. Laura retains strong links with the legal profession and is heavily involved in the provision of cpd training to Scottish law firms. . For the last three years she has designed and delivered training on the law of contract to Scottish Sheriffs through the judicial Institute. Books and Reports, laura macgregor, Fraser. Davidson, denis Garrity, lorna richardson, commercial Law in Scotland, essay (W. Green, 2016 laura macgregor, danny busch, peter Watts, Agency law in Commercial Practice, (Oxford University Press, 2016). Laura macgregor, Fraser. Davidson, commercial Law in Scotland, (W.

University Press.   In July 2013 her monograph, Agency law in Scotland, was published by w green (isbn ). Laura is involved in several projects which focus on the study of European private law. She is Director of the Edinburgh Centre for Commercial Law. This is a research centre which aims to build stronger links between academia and the various parts of the legal community in Scotland. . The blog for the centre can be found here: /ecclblog/. Collaborative activity, laura is involved in several projects which focus on the study of European private law. Together with david Cabrelli, edinburgh Law School, and jaap baaij, University of Amsterdam, she is editing a project on interpretation of commercial contracts as part of the common core of European Private law project. .

All the essays are independent and express essay the views of the authors in their own words. Biography, laura macgregor holds the chair of Commercial Contract Law and was formerly visiting Professor in International Commercial Law, radboud University, nijmegen. . Before joining Edinburgh Law School, laura spent five years as a lecturer at the University of Glasgow. . Before becoming an academic laura spent several years as a solicitor in practice with a major Scottish law firm in Edinburgh. Supervision interests, she welcomes PhD enquiries which relate generally to her fields of interest. In particular she would be interested in supervising research into agency law or contract law within Europe. Research Interests, laura's interests lie in the field of commercial law, specifically contract law, agency law and partnership. .

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The giving Green Paper sets out the good governments initial ideas for building a stronger culture of giving time and money to start a national debate on our societys attitude to giving. This is not a conventional green paper. We want it to embody a collective approach to building culture change so it is written from a variety of perspectives. In addition to our own proposals and announcements, we have highlighted many ideas from outside of government. Taken together, the ideas and examples in this paper highlight the huge amount of innovative and creative activity going on across the country to stimulate social action. As part of the green paper process, we asked a number of respected leaders and thinkers from a wide range of fields to share their thoughts on the subject of giving. The essays cover a wide range of topics from practical issues such as the role of venture philanthropy and how to make better use of technology, to more philosophical perspectives such as the role of giving in increasing well-being. These essays are intended to be thought provoking and spark wider discussions about giving.

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Fletcher is first and foremost a brilliant reader and writer of law. Essays on Dickens and Humour.

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  1. Agency law in Scotland reflects this mixed nature. Comments on Ken Miller s Reply to my essays by michael Behe. Professional writers and lowest prices on the web! Summary (Masterpieces of American Fiction) Father and son overcome ethnic prejudice and economic disadvantages by learning to profit from the good and evil aspects of human nature.

  2. Comments on Ken Miller s Reply to my essays by michael Behe. E-ir publishes student essays dissertations to allow our readers to broaden their understanding of what is possible when answering similar questions in their own studies. These essays are intended to be thought provoking and spark wider discussions about giving. Harnessing human nature for charity and volunteering: some ideas from evolutionary psychology - geoffrey miller.

  3. Agency law in Scotland reflects this mixed nature. Essays in Honour of Hugh beale. Summary : Behe again exposes a failed attempt from Miller to refute irreducible complexity.

  4. A midsummer Night s Dream Summary. Essays on Dickens and Humour. Hazel Fox, qc, barrister, Grays Inn, and Philippa webb, lecturer in Law, king s College london. An executive summary is also provided.

  5. Reading (or in many cases rereading) these essays which date from 1974 to 2005, one is immediately impressed with the sheer intellectual talent on display. Fletcher is first and foremost a brilliant reader and writer of law. Summary (Masterpieces of American Fiction) Father and son overcome ethnic prejudice and economic disadvantages by learning to profit from the good and evil aspects of human nature.

  6. We are in a state of nature. Opposition, nay, open avowed resistance by arms, against usurpation and lawless violence, is not rebellion by the law of, god or the land. George Fletcher s, essays on, criminal.

  7. Natural, law and Conscience. Toward a new Theology of, ordination: Essays on the, ordination of, women. The, ministry of, women in the. Church, english summary of, dutch book(see below).

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