The Law and Practice of Compromise with Precedents

"The Law and Practice of Compromise: With Precedents" by David Foskett is a comprehensive guide to the legal aspects of compromise and settlement in various jurisdictions, particularly focusing on English law. Here is a detailed overview of the book:

Key Themes

1. Legal Foundations of Compromise:

   • The book sets out the essential requirements for a valid compromise, including the conditions under which a compromise can be concluded and the legal implications of such agreements.

2. Procedure and Machinery of Compromise:

   • It examines the procedural aspects of compromise, including the methods and mechanisms involved in reaching a settlement. This includes discussions on Part 36 of the CPR (Civil Procedure Rules) and other relevant legal frameworks.

3. Professional Ethics and Best Practice:

   • The book provides guidance on professional ethics in various situations related to compromise and settlement. It emphasizes the importance of ethical conduct in legal practice.

4. Comparative Law Perspective:

   • Foskett draws on both the French regulatory model and Anglo-Saxon common law to provide a comparative analysis. This helps in understanding the nuances of compromise in different legal systems.

5. Settlement Over Void or Cancelable Documents:

   • The book discusses the complexities of settling disputes over void or cancelable documents, which is a critical aspect of compromise law.

6. Relevant Case Law and Doctrine:

   • It reviews the legal requirements in force and how case law has interpreted them. The book also considers the relevant arguments brought by legal doctrine to provide a comprehensive understanding of the subject.

Plot Summary

The book is structured to provide authoritative guidance on the law and practice of compromise. It starts with introductory issues, including the negotiation process and the balance between efficiency and justice in settlements. It then delves into the legal foundations of compromise, examining the essential requirements for a valid compromise.

The subsequent sections focus on the procedural aspects, including the machinery and methods of compromise. The book also covers professional ethics and best practices in legal settlements, ensuring that practitioners adhere to high standards of conduct.

Critical Reception

While specific reviews are not provided in the sources, the book is widely recognized as a seminal work in the field of compromise law. It is frequently cited in academic and professional contexts, indicating its authority and relevance in the legal community.

Editions

The book has been published in multiple editions, with the 2010 edition being particularly noted for its comprehensive coverage and inclusion of precedents. The 1991 edition, published by Sweet & Maxwell, also received significant attention for its detailed analysis of the subject matter.

In summary, "The Law and Practice of Compromise: With Precedents" by David Foskett is a foundational text that provides a thorough understanding of the legal principles and practices surrounding compromise and settlement. Its comparative approach, detailed analysis, and emphasis on professional ethics make it a valuable resource for legal practitioners and scholars alike.