5.1. 合約﹙Contract﹚定義
合約一般是指一份法律上認可和會被法庭強制執行的協議(Agreement)。
但是一般的協議(Agreement)，若法律上不予承認和執行的，郤不一定構成合約(Contract)。
5.2. 合約的形成 一份協議﹙AGREEMENT﹚，若要構成一份有約束力的合約﹙CONTRACT﹚，一般必須具備至少以下四個重要元素：－
a) 要約﹙OFFER﹚【其中一方發出要約，即列出交易條件】
b) 接納／受約﹙ACCEPTANCE﹚【要約為另一方接受】
c) 代價﹙CONSIDERATION﹚【每一方均要付出代價】
d) 受法律約束的意圖﹙INTENTION TO CREATE LEGAL RELATIONSHIP﹚ 【雙方均有訂立合約的法律意圖 】
1.1.1.
5.2.1. 要約
a) 要約(OFFER)為合約一方向另一方列出的交易條件，在另一方無條件地接受 它後，便可構成合約。 ² Offer : A提出要約﹙Offer﹚給B， 而B表示接受﹙Acceptance﹚， 便構成合約Contract。
b) “Offer”與“邀約﹙Invitation to treat﹚”的分別 在法律上，有一種情況看來十分像是一個要約
﹙OFFER﹚，但另一方即使 接受 它也不會構成合約。這個異例在法律上稱為
「邀約」﹙INVITATION TO TREAT﹚即邀請對方發出要約。
² Invitation to treat :
A邀請B提出要約﹙Offer﹚， B於是提出要約﹙Offer﹚給A， 而A之後表示接受﹙Acceptance﹚， 才構成合約Contract。
Example 1： 超級市場將標明價錢的貨品放在貨架上，只構成邀約，顧客認為滿 意，拿到收銀員柜檯上，才構成顧客向超級市場作出要約(OFFER)， 收銀員有權拒絕接受要約(例如因價錢有誤)。
Example 2: 在拍賣中，拍賣師喊出底價，只是邀約，並非要約，買家舉手承價， 方為要約，拍賣師下槌成為受約。
5.2.2. 接納﹙Acceptance﹚
a) 甲方向乙方發出要約後，乙方若要接納要約，以構成合約，其接納 ﹙ACCEPTANCE﹚必須為無條件性的﹙UNCONDITIONAL﹚。
b) 若乙方在接納的同時，要求加入或改變甲方的要約，在法律上而言，乙方並 不是接納，而是向甲方發出一個反要約﹙COUNTER-OFFER﹚。
c) 一旦發出反要約﹙COUNTER-OFFER﹚，它會即時摧毀原來甲方所發出的 要約 ﹙OFFER﹚，在此之後，乙方再不可以重新接納甲方原來的要約了。
d) 接納的行動，必須要為發出要約者所知悉﹙ACCEPTANCE MUST BE COMMUNICATED TO THE OFFEROR﹚，否則不能約束發出要約者。
e) 接納(ACCEPTANCE)一般用語言或文字作出，但亦可以用行為﹙CONDUCT﹚ 接納。
Example：懸賞尋狗，尋狗者尋得失犬後向懸賞者索取賞金。
5.2.3. 代價﹙Consideration﹚
a) 代價可以包括作出承諾或承擔責任，並非一定以金錢決定。
b) 合約任何一方作出容忍、受到損害、受到損失或承擔責任，而另一方因此而 獲得權利、利益、利潤或得益、均可以被視為付出代價論。
c) 代價可分成兩大類： (i) 即時履行的﹙Executed﹚ Example：買家即時付訂金購買物業
(ii) 承諾履行的﹙Executory﹚ 例：懸賞尋犬，懸賞者只是承諾付賞金﹙PROMISE TO PAY﹚，尋犬者 已付出勞力去尋找失犬。
d) 在構成合約前所付出的代價，不能用作後來構成的合約的代價﹙Past Consideration is No Consideration﹚。 Example：乙遇溺，甲見義勇為救了乙一命，事後乙承諾重酬甲壹仟萬元。若乙事 後反悔，甲不能以先前救人的行為作為後來乙作出承諾的代價。
e) 甲、乙兩方立約，只需要證明代價由甲付出而不必一定要付給乙，甲也可以 該合約約束乙。Consideration must move from THE promisee, but not necessarily to the promisor.
Example：乙承諾若甲付款給丙，乙將會出售物業予甲。
f) 代價只需 有償 而無需 等價 ﹙Consideration must be sufficient but need not BE adequate﹚。 Example：合約可以訂明以一支鉛筆換一隻馬。
5.2.4. 受法律約束的意圖﹙Intention to create legal relationship﹚
若被證實立約一方並無立約的法律意圖，有關協議將無約束力。一般情況下社交或家庭式協議中有關人等並無立約的法律意圖，在此等情況下需要將立約的法律意圖清晰建立。
Example： 因A應承請B吃阿一鮑魚，B因而請假一天，事後A爽約。B不能向A 追究因請假而受到的損失。 商業上的交易一般具有清晰立約意圖，但亦有例外情況，例如意向書“Letter of Intent”(有關合約)或安心書“Letter of Comfort”(有關Credit信貸)。
1.1.1. 5.2.5. 合約的形式Form of Contract
a) 合約的形式可說是多樣化的，它不一定只能以書面和文字構成。
b) 合約可以包括正式的和非正式的合約﹙formal and informal contracts﹚，明示的﹙express﹚和暗示的﹙implied﹚合約，口頭的﹙oral﹚和書面的﹙written﹚合約。
c) 合約亦可以分作普通形式簽署合約﹙contracts under hand ﹚和契約形式簽署的﹙contracts under seal ﹚
d) 其中某些合約，法例上規定必須以全部書面合約構成。 例：(1) 可轉讓票據，如支票
(2) 借據
5.3. 物業合約
5.3.1. 一般要素
a) 物業合約亦是合約的一種，需要存有形成合約的基本元素，即「要約」、「接 納」、「代價」及「受法律約束的意圖」。
b) 除上述基本元素外，關乎物業合約有一項特別的規定，就是合約必須以書面 構成。根據《物業轉易及財產條例》第3條規定，物業合約若不以書面構成， 法庭將不會受理因該物業合約而產生的糾紛。
5.3.2. 物業合約除要以書面構成外，其內容還需要符合一些特別規定 - 以書面訂明：合約各方、物業、價錢、特別條款、簽名。
故此，物業合約一般至少存有4P1S，方為有效：－
第一個 P - PARTIES （合約各方）
第二個 P - PROPERTY （物業）
第三個 P - PRICE （價錢）
第四個 P - PARTICULARS （特別條款，即其他重要的交易條款）
2008年1月18日 星期五
contract law 3
另外，根據合約法(Contract Law)而論，一份有效的合約是具備以下6項要素 :
1. 要約 (offer)與承諾 (acceptance)
2. 代價 (consideration/報酬)
3. 建立法律關係的意圖
4. 當事人的訂約資格
5. 真正同意6. 合法目的
1. 要約 (offer)與承諾 (acceptance)
2. 代價 (consideration/報酬)
3. 建立法律關係的意圖
4. 當事人的訂約資格
5. 真正同意6. 合法目的
2008年1月17日 星期四
"ALL contract are agreement 2"
The term "contract" is derived from the Latin term "contractum", which means "drawn together". It is an agreement to do or not to do an act. It comes into existence from the action of parties. It creates legal rights and obligations. It is enforceable by law.
Salmond defines a contract as "an agreement creating and defining obligation between the parties". Thus a contract is an agreement enforceable by law.
Hence every contract is a legally binding agreement. It consists of two essential elements, namely, obligation and agreement. An obligation is a legal tie, which binds the parties together. It is an undertaking to do or to abstain from doing some definite act. it may relate to either social or legal matters. Social obligations are not enforceable. Legal obligations, which have their source in agreements alone, are enforceable. Thus, every contract is an obligation but all obligations may not be contracts.
An agreement is an accepted proposal. It gives birth to a contract. It is the basis of a contract. It establishes relationship between the parties. It is a promise or a set of promises. It is defined as "every promise or set of promises forming consideration for each other". It may be social, religious or legal agreement. An agreement to play cards or to go to a movie is an example of social agreement. A social agreement does not create any legal obligation between the parties. Hence it is not enforceable in a court of law. Religious and moral agreements are also not enforceable at law.
But agreements, which give rise to legal obligations, are enforceable in a court of law and hence they are contracts. For example, Sunil agrees to sell his car to Sridhar for Rs. 2,00,000. It is an agreement, which is enforceable in a court of law. According to Anson "a contract is that form of agreement, which directly contemplates and creates an obligation". Thus, all contracts are agreements, but all agreements are not contracts.
http://www.danielbarnett.co.uk/articles/2005_dacas.pdf
Salmond defines a contract as "an agreement creating and defining obligation between the parties". Thus a contract is an agreement enforceable by law.
Hence every contract is a legally binding agreement. It consists of two essential elements, namely, obligation and agreement. An obligation is a legal tie, which binds the parties together. It is an undertaking to do or to abstain from doing some definite act. it may relate to either social or legal matters. Social obligations are not enforceable. Legal obligations, which have their source in agreements alone, are enforceable. Thus, every contract is an obligation but all obligations may not be contracts.
An agreement is an accepted proposal. It gives birth to a contract. It is the basis of a contract. It establishes relationship between the parties. It is a promise or a set of promises. It is defined as "every promise or set of promises forming consideration for each other". It may be social, religious or legal agreement. An agreement to play cards or to go to a movie is an example of social agreement. A social agreement does not create any legal obligation between the parties. Hence it is not enforceable in a court of law. Religious and moral agreements are also not enforceable at law.
But agreements, which give rise to legal obligations, are enforceable in a court of law and hence they are contracts. For example, Sunil agrees to sell his car to Sridhar for Rs. 2,00,000. It is an agreement, which is enforceable in a court of law. According to Anson "a contract is that form of agreement, which directly contemplates and creates an obligation". Thus, all contracts are agreements, but all agreements are not contracts.
http://www.danielbarnett.co.uk/articles/2005_dacas.pdf
"All contracts are agreement, but not all agreements are contracts"
"All contracts are agreement, but not all agreements are contracts"
http://books.google.com/books?id=y_5IGfKBrq4C&pg=PA229&lpg=PA229&dq=%22all+contracts+are+agreements%22&source=web&ots=1oGyQitItE&sig=sPcHBna5iLYamEwdtkZJq0E-89k
the freedom to contract and the recognition by society of certain agreements as legally binding are indispensable to the efficient functioning of business enterprises, in relation to the vast varity of commerical transactions in which they are engaged. it is in this context that many organizations, dealing with large projects have appointed contract managers, who have specialized knowleage of contracrs. Professional legal advice is a must for major contracts involoving large sums of money or extending over a long period of time like imports. COntracts may be standardized after scrutiny by the company's legal department
A proposal or an offer when accepted is a promise. a promise and every set of promises forming the condition for each offer is an agreement. An agreement if made with free consent of parties competent to make for a lawful consideration and with a lawful object is a contract. Thus, a contract is an agreement - expressed or implied - enforceable by law between two or more competent parties, to do or not to do a particular thing. "All conm'''''''
Contract = Agreement + enforceability by legal process
Enforceability implies a capability of being enforced by the process of law. Lacking this attribute include illegal, unlawful agreements; it may lack consideration or be without consent of the party, or may be opposed to publuc policy.
http://books.google.com/books?id=tsLBiqGVV2sC&pg=PA49&lpg=PA49&dq=%22all+contracts+are+agreements%22&source=web&ots=b44iaMRWJv&sig=UmJxC7kWj7tYqiUxJtjxcXGqlI0
Nayler, Peter, 1949-
書名:
Business law in the global marketplace : the effects on international business / Peter Nayler
Firstly let us define a contract. A contract is an agreement between two or more parties which is enforceable by law.
This does not really help us much, as all contracts are agreements but not all agreements are contracts. Let's look at an example...
if two people agree to meet at a pub at seven O'clock this does not constitute a contract...so there must be some other criteria in place to form a contract...for a contract to be valid, three questions have to be asked.
1. Has a contract been formed? For a contract to be in place and legally binding these elements need to be satisfied.
• Offer and acceptance. One of the parties must have made an offer which is accepted without qualification by the other party. An example would be where Geoff offers to sell his yacht to Mark for £5,000 and Mark accepts this verbal offer...providing other criteria are satisfied, a contract would be deemed to exist.• An intention to create legal relations. There must always have been the intent behind the agreement that if a dispute arose, the agreement should be subject to a court of law.• Purchase or exchange of assets. In its simplest terms there must be a debit and credit element for both parties; for instance in the sale of a yacht, the seller will suffer the 'loss' of his yacht but gain a benefit of £5,000...conversely the buyer will suffer the 'loss' of £5,000 but receive the benefit of the ownership of a yacht.•
Capacity. Each party must be legally able to enter into the contract, for example, minors and people of 'unsound mind' are limited in their powers to enter into contracts.• Format. In some instances, a contract must have a specific format e.g. some contracts must be in written form.
2. Is the agreement recognisable and enforceable by law? Some contracts will become invalid because of factors such as mistakes or undue influence. Examples might be errors on an invoice that is marked 'E & OE' or the example of a 'shotgun wedding'. 3. When are the obligations of the parties terminated and what remedies are there for breach of contract?
So there we have the all the criteria required of a contract. The actual drawing up of a business contract, as you might expect, would almost certainly require the services of a solicitor, but imagine that a contract was with an overseas party. In that case the services of a specialist legal translation agency would certainly be required in order to avoid any errors or omissions that might invalidate it.
http://books.google.com/books?id=n3Ky-Kw5lWsC&pg=PA107&lpg=PA107&dq=%22all+contracts+are+agreements%22&source=web&ots=UNZy51Ygb0&sig=0-FVYn2A-8aiHvBaQH9TIH4RwfE
P 107
Legal Frameworks for the Built Environment By Jean Badman, Laurie Grimmett
http://books.google.com/books?id=y_5IGfKBrq4C&pg=PA229&lpg=PA229&dq=%22all+contracts+are+agreements%22&source=web&ots=1oGyQitItE&sig=sPcHBna5iLYamEwdtkZJq0E-89k
the freedom to contract and the recognition by society of certain agreements as legally binding are indispensable to the efficient functioning of business enterprises, in relation to the vast varity of commerical transactions in which they are engaged. it is in this context that many organizations, dealing with large projects have appointed contract managers, who have specialized knowleage of contracrs. Professional legal advice is a must for major contracts involoving large sums of money or extending over a long period of time like imports. COntracts may be standardized after scrutiny by the company's legal department
A proposal or an offer when accepted is a promise. a promise and every set of promises forming the condition for each offer is an agreement. An agreement if made with free consent of parties competent to make for a lawful consideration and with a lawful object is a contract. Thus, a contract is an agreement - expressed or implied - enforceable by law between two or more competent parties, to do or not to do a particular thing. "All conm'''''''
Contract = Agreement + enforceability by legal process
Enforceability implies a capability of being enforced by the process of law. Lacking this attribute include illegal, unlawful agreements; it may lack consideration or be without consent of the party, or may be opposed to publuc policy.
http://books.google.com/books?id=tsLBiqGVV2sC&pg=PA49&lpg=PA49&dq=%22all+contracts+are+agreements%22&source=web&ots=b44iaMRWJv&sig=UmJxC7kWj7tYqiUxJtjxcXGqlI0
Nayler, Peter, 1949-
書名:
Business law in the global marketplace : the effects on international business / Peter Nayler
Firstly let us define a contract. A contract is an agreement between two or more parties which is enforceable by law.
This does not really help us much, as all contracts are agreements but not all agreements are contracts. Let's look at an example...
if two people agree to meet at a pub at seven O'clock this does not constitute a contract...so there must be some other criteria in place to form a contract...for a contract to be valid, three questions have to be asked.
1. Has a contract been formed? For a contract to be in place and legally binding these elements need to be satisfied.
• Offer and acceptance. One of the parties must have made an offer which is accepted without qualification by the other party. An example would be where Geoff offers to sell his yacht to Mark for £5,000 and Mark accepts this verbal offer...providing other criteria are satisfied, a contract would be deemed to exist.• An intention to create legal relations. There must always have been the intent behind the agreement that if a dispute arose, the agreement should be subject to a court of law.• Purchase or exchange of assets. In its simplest terms there must be a debit and credit element for both parties; for instance in the sale of a yacht, the seller will suffer the 'loss' of his yacht but gain a benefit of £5,000...conversely the buyer will suffer the 'loss' of £5,000 but receive the benefit of the ownership of a yacht.•
Capacity. Each party must be legally able to enter into the contract, for example, minors and people of 'unsound mind' are limited in their powers to enter into contracts.• Format. In some instances, a contract must have a specific format e.g. some contracts must be in written form.
2. Is the agreement recognisable and enforceable by law? Some contracts will become invalid because of factors such as mistakes or undue influence. Examples might be errors on an invoice that is marked 'E & OE' or the example of a 'shotgun wedding'. 3. When are the obligations of the parties terminated and what remedies are there for breach of contract?
So there we have the all the criteria required of a contract. The actual drawing up of a business contract, as you might expect, would almost certainly require the services of a solicitor, but imagine that a contract was with an overseas party. In that case the services of a specialist legal translation agency would certainly be required in order to avoid any errors or omissions that might invalidate it.
http://books.google.com/books?id=n3Ky-Kw5lWsC&pg=PA107&lpg=PA107&dq=%22all+contracts+are+agreements%22&source=web&ots=UNZy51Ygb0&sig=0-FVYn2A-8aiHvBaQH9TIH4RwfE
P 107
Legal Frameworks for the Built Environment By Jean Badman, Laurie Grimmett
Contract Law exam paper
Question 1
40% of exam's total grade(suggested time: approx. 70 minutes)
Dr. Albert has for some years run a clinic offering free medical care to impoverished families. The clinic occupies a house owned by Ms. Cade and leased from her on a month-to-month basis. On May 1, Dr. Albert met with Ms. Cade to ask if she would like to sell him the house. "I'd consider selling it for $200,000," she replied.
"I think that I can raise $200,000--if you give me six months," said Dr. Albert. "But I will need to show potential donors proof that I can buy the house at that price."
"I'll be glad to help on that count," smiled Ms. Cade. "I have a soft spot for your clinic, you know." She gave Dr. Albert a signed note reading as follows:
In return for all that Dr. Albert has done for our community, I hereby promise that if he delivers $200,000 to me at any time between now and November 1 of this year, I will give him title to the building that houses his clinic.
Dr. Albert thanked Ms. Cade, took the note, and set to work raising the required money. In the meantime, real estate prices soared. On September 1, Ms. Cade told Dr. Albert that she was putting the house on the market. "I've raised $180,000 and will have the rest soon!" he insisted.
On October 1, Dr. Albert proudly presented Ms. Cade with a check for $200,000 and requested the title to the clinic building. With some embarrassment, she told him that she no longer held the title. "I just sold the house for $350,000."
Analyze Dr. Albert's rights against Ms. Cade under the law of contracts.
Question 2
50% of exam's total grade(suggested time: approx. 90 minutes)
Ms. Putter, who owns and operates a golf range, sought an easy way to clean golf balls for reuse. She read a newspaper ad reading, "New and used appliances for sale. Used sold as is. Installation extra. Call Mr. Tinker: 111-1111."
Putter called Tinker and described her problem. "I'm pretty handy with welding torch," said Tinker, "I think I could retrofit an Eversuds 2000 washer to handle golf balls. It will run you $300 for the washer and $100 for the modifications."
"Great!" replied Putter, "I want the washer by next week and will pay you another $75 for installation."
"Ok," said Tinker.
After a few days, Putter brought a bucket of dirty golf balls to Tinker's workshop for a test-run. Tinker had not anticipated the heavy clay that clung to the balls, however. "I cannot guarantee anything," he said, "but I think that the washer might work if I weld a stiffer set of brushes into the tub." Putter agreed to pay Tinker another $100 to remove the old brushes install stiffer ones.
On the designated date, Tinker delivered and installed the retrofitted Eversuds 2000 and Putter paid him for it. Even the stiffer brushes failed to handle the heavy clay soil of Putter's golfing range, however, rendering the washer essentially useless. Putter subsequently learned that the Anti-Erosion and Soil Protection Act would have prohibited her from operating the washer as planned.
Analyze Putter's contract rights against Tinker.
Question 3
10% of exam's total grade(suggested time: approx. 20 minutes)
You work as a legislative counsel to Representative Oris. She recently suffered some inconvenience when a home renovation company breached its promise to install marble counters in her kitchen. "They deliberately violated our agreement, saying that Senator Ligare had offered them twice as much money for the same work!" fumed Oris.
"It seems to me that someone who suffers such a deliberate breach ought to get more than simply expectation damages. Keeping one's word is a virtue, after all, and breaking it is a sort of fraud. I'm thus considering drafting legislation that will allow recovery of punitive damages against anyone who deliberately breaches a contract for financial gain."
Prepare for Oris an analysis of her proposed legislation.
http://www.tomwbell.com/teaching/KI99Exam.html
40% of exam's total grade(suggested time: approx. 70 minutes)
Dr. Albert has for some years run a clinic offering free medical care to impoverished families. The clinic occupies a house owned by Ms. Cade and leased from her on a month-to-month basis. On May 1, Dr. Albert met with Ms. Cade to ask if she would like to sell him the house. "I'd consider selling it for $200,000," she replied.
"I think that I can raise $200,000--if you give me six months," said Dr. Albert. "But I will need to show potential donors proof that I can buy the house at that price."
"I'll be glad to help on that count," smiled Ms. Cade. "I have a soft spot for your clinic, you know." She gave Dr. Albert a signed note reading as follows:
In return for all that Dr. Albert has done for our community, I hereby promise that if he delivers $200,000 to me at any time between now and November 1 of this year, I will give him title to the building that houses his clinic.
Dr. Albert thanked Ms. Cade, took the note, and set to work raising the required money. In the meantime, real estate prices soared. On September 1, Ms. Cade told Dr. Albert that she was putting the house on the market. "I've raised $180,000 and will have the rest soon!" he insisted.
On October 1, Dr. Albert proudly presented Ms. Cade with a check for $200,000 and requested the title to the clinic building. With some embarrassment, she told him that she no longer held the title. "I just sold the house for $350,000."
Analyze Dr. Albert's rights against Ms. Cade under the law of contracts.
Question 2
50% of exam's total grade(suggested time: approx. 90 minutes)
Ms. Putter, who owns and operates a golf range, sought an easy way to clean golf balls for reuse. She read a newspaper ad reading, "New and used appliances for sale. Used sold as is. Installation extra. Call Mr. Tinker: 111-1111."
Putter called Tinker and described her problem. "I'm pretty handy with welding torch," said Tinker, "I think I could retrofit an Eversuds 2000 washer to handle golf balls. It will run you $300 for the washer and $100 for the modifications."
"Great!" replied Putter, "I want the washer by next week and will pay you another $75 for installation."
"Ok," said Tinker.
After a few days, Putter brought a bucket of dirty golf balls to Tinker's workshop for a test-run. Tinker had not anticipated the heavy clay that clung to the balls, however. "I cannot guarantee anything," he said, "but I think that the washer might work if I weld a stiffer set of brushes into the tub." Putter agreed to pay Tinker another $100 to remove the old brushes install stiffer ones.
On the designated date, Tinker delivered and installed the retrofitted Eversuds 2000 and Putter paid him for it. Even the stiffer brushes failed to handle the heavy clay soil of Putter's golfing range, however, rendering the washer essentially useless. Putter subsequently learned that the Anti-Erosion and Soil Protection Act would have prohibited her from operating the washer as planned.
Analyze Putter's contract rights against Tinker.
Question 3
10% of exam's total grade(suggested time: approx. 20 minutes)
You work as a legislative counsel to Representative Oris. She recently suffered some inconvenience when a home renovation company breached its promise to install marble counters in her kitchen. "They deliberately violated our agreement, saying that Senator Ligare had offered them twice as much money for the same work!" fumed Oris.
"It seems to me that someone who suffers such a deliberate breach ought to get more than simply expectation damages. Keeping one's word is a virtue, after all, and breaking it is a sort of fraud. I'm thus considering drafting legislation that will allow recovery of punitive damages against anyone who deliberately breaches a contract for financial gain."
Prepare for Oris an analysis of her proposed legislation.
http://www.tomwbell.com/teaching/KI99Exam.html
law exam past paper
http://www.ilex.org.uk/tutors_forum/past_exam_papers.asp
http://lawlibrary.cavehill.uwi.edu/html/exam_papers.htm
Torts law Q&A Jason Lowther
Q&A Contract Law 2007-2008
http://www.routledge.com/shopping_cart/products/product_detail.asp?sku=&isbn=9780415428903
http://www.ilex.org.uk/tutors_forum/past_exam_papers.asp
http://lawlibrary.cavehill.uwi.edu/html/exam_papers.htm
Torts law Q&A Jason Lowther
Q&A Contract Law 2007-2008
http://www.routledge.com/shopping_cart/products/product_detail.asp?sku=&isbn=9780415428903
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