In Scots law, a creditor may enlist the aid of a third party known as a 'cautioner', who agrees to pay the creditor if the principal debtor defaults. Should the creditor see fit to sue the cautioner, the latter may seek compensation from the principal debtor for the whole amount paid or, if there are other cautioners, a pro rata contribution from the ones who did not pay. While these so-called rights of 'relief' are well established in Scottish case law, there is increasing controversy as to their nature. The present thesis engages with this problem headon, identifying the rationales for a cautioner's various rights of relief and examining how those rationales shape the content of the cautioner's claim in each case. By considering relief within the restricted confines of a cautionary relationship, the thesis aims to demystify a subject that is often complex and diffuse. It also seeks to establish the subject as a free-standing entity, independent of the historical and substantive inter-mixtures through which it has often been conceived in Scots law. After placing the cautioner's rights of relief into their private-law context (Chapters One to Five), the thesis examines each of these rights in detail. Chapter Six considers the basis of a cautioner's right to 'pro rata relief', and Chapter Seven discusses the content of that right, with particular reference to cases where there are three or more cautioners. Chapter Eight builds on the analysis in Chapter Six by determining on what basis a cautioner may claim 'total relief' from the principal debtor. Finally, Chapter Nine examines a cautioner's right to seek relief before paying anything to the creditor.

This thesis will examine issues related to the formation and validity of electronic contracts on a comparative basis between the English, American and UNCITRAL approaches.  When examining the English approach, reference will be made to relevant EC Directives in relation to the subject matter. This thesis has four main objectives.  First, to assess the impact of using electronic communication tools to reach agreement.  Second, to identify some key points that should be considered when examining the formal validity of electronic contracts. Third, to establish a foundation for having a valid contract in which rights and obligations could arise accordingly.  Finally, this thesis aims to identify whether the traditional contract law rules are able to meet the challenges that are brought by the use of electronic communication tools, or whether they require reform. It will be noticed throughout that electronic contracts come in different types.  This leads to difficulty with introducing one rule to cover all types of electronic contracts. Furthermore, some concerns arise when electronic communication tools are used to form contracts as to the exact time of contracting. Other concerns arise when trying to fulfil some legal formalities such as writing and signature.  This is because of the special and dual nature of electronic data and the possibility of using different types of signature methods in cyberspace. Finally, it is important to consider taking steps to update some of the current contract law rules to work alongside the electronic technology revolution.  Some aspects of the traditional contract law rules become challenging when applied to electronic contracts.  For example, the issues of contract formation and the use of electronic and intelligent software require direct attention when considering the issue of e-contracts.  The reference to such challenging well-established contract law rules is necessary throughout this thesis, however, since the current rules which deal with electronic commerce in general and electronic contracts in particular do not cover all the issues that are related to electronic contracts.  Lastly, this thesis will sound the alarm on the need to raise the legal awareness of both online users and website developers when contracting online. <i>Chapter Two</i> will assess the use of electronic communication tools to form such contracts, and the sorts of problems that could arise as a consequence. <i>Chapter Three</i> will highlight whether or not electronic contracts can be considered written and signed when the law imposes such requirement.  This chapter will also seek to determine whether there is a need for such formalities in cyberspace. <i>Chapter Four</i> is designed to deal with selected issues of material validity of electronic contracts.  This chapter is essential when considering all types of electronic contracts, including formal ones.  It will consider issues that are related to mutual assent in cyberspace, and the problems that could arise with web-based contracts in relation to these.

Thesis (D. Jur.)--York University, 2000. / Includes bibliographical references (leaves 377-399). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pNQ59160.

Thesis (Ph.D.)--University of Melbourne, Faculty of Law, 2006. / Typescript.