School of Law School of Law
Academic Staff    
Dr Parker Hood
Lecturer
B Juris, LLB, LLM, PhD


School of Law
University of Edinburgh
Old College
South Bridge
Edinburgh EH8 9YL
UK

Tel: 0131-650-2048
Fax: 0131-650-6317
Email: parker.hood@ed.ac.uk
Biographical Details

Parker Hood is a lecturer in Commercial Law in the School of Law.

His main interests are:
(i) banking law - particularly, the banker/customer relationship, and lender liability;
(ii) company law - particularly, directors' duties and minority shareholders;
(iii) the law of obligations - particularly, contractual damages and aspects of the law of unjustified enrichment; and
(iv) general commercial law - particularly, sale and hire of goods.

At present, Parker Hood is writing a book on Principles of Lender Liability (OUP). This concerns the liability of banks and other financial institutions for wrongful conduct towards customers and third parties, e.g., disclosing confidential information, giving negligent advice, selling secured assets at an undervalue, and breaching a contract by refusing to provide agreed finance. The basis of the book is English law and Scots law, although reference is made to other jurisdictions - especially Commonwealth countries.

Parker Hood teaches at: (i) Undergraduate level (company law), (ii) Honours level (banking law) and (iii) Postgraduate level (company law and banking law). He has supervised dissertations at LLM and Honours level, as well as at  Ph D level.

Parker Hood has given annual CPD Update Seminars on "Commercial Law" to the Legal Profession, in Edinburgh and Glasgow, since 1999 (apart from 2009). These are done in conjunction with DP Sellar QC, who gives Updates on "Company Law" on the same programme.  These are arranged through the University's Office of Lifelong Learning.

In November, 2007, Parker Hood gave a joint CPD seminar with his colleagues, Professor David Bennett and David Cabrelli, on the new provisions of the Companies Act 2006 to the profession in Edinburgh. He spoke on directors' duties.

Prior to that, in August, 2007, he gave a lecture about directors' duties under the Companies Act 2006 for Directorbank, at one day seminar, in Edinburgh, for prospective non-executive directors.

From 1997 - 2000, Parker Hood gave seminars, with his colleague, Professor MacQueen, and then Ms Marian Glen (then a corporate finance partner at Messrs Shepherd & Wedderburn LLP), on "Directors and the Law" for the Association of Management Education & Training in Scotland (on behalf of the Institute of Directors) and then the Institute of Directors.

In addition to this, Parker Hood is the editor of the Scots Law section of the Journal of Business Law. He is also a member of the Stair Society, a Scottish legal history group, and was, until 2010, a member of the Law Society of Scotland Obligations Committee.

In January, 2001, he was, briefly, a Visiting Professor at the University of Leuven, in Belgium, as part of the Socrates Programme. Whilst at Leuven, he gave lectures/talks on: (i) the differences between Scots law and English law; (ii) corporate insolvency under British law; and (iii) fiduciary duties.

He is currently the Director of the European Lawyers Programme ("Eurodevils").

 

Courses Taught
Commercial Law (Honours)
Company Law (Honours) (Course Organiser)
International Trade Law (Honours)
Banking and Finance Law (LLM) (Course Organiser)
Commercial Banking and Financial Markets (LLM) (Course Organiser)
Company Law (LLM) (Course Organiser)
The Law of International Trade (LLM)
Business Entities (Ordinary) (Course Organiser)
PhD Supervisees
Genci Bilali  'The Anglo-American Competition Aspects of Bank Mergers'
Xiaoqiong Peng  'The Subprime Loan Crisis and Securitization Regulation Reforms:China's Securitization Law Construction'
Selected Publications
Edited Books
Hector MacQueenParker Hood, L J Dunlop; Lord Hope of Craighead; D E L Johnston; M B Wise; S P L Wolffe; W J Wolffe; A R W Young. Gloag & Henderson The Law of Scotland (11th ed) (W Green, 2001)
Parker Hood, Ross Cranston, Roy Goode, Joseph Norton, Gregory Hill, Eddy Wymeersch, Peter Nankivell, John Jarvis QC, Michael Fordham, D Wolfson, MH Ogilvie, D Schlimm, Ari Huhtamak, Jan Kleinemann Banks, Liability and Risk (2nd edn) (Lloyd's of London Press Ltd, 1995)
Synopsis
"Lender Liability Under English Law"
Journal Articles
Parker Hood 'Commercial agents' compensation: England v Scotland?' (2007) Lloyd's Maritime and Commercial Law Quarterly 16: 144-151/May
Abstract
The different approaches taken by the Inner House and the Court of Appeal to the computation of compensation for Commercial Agents are compared and contrasted. The author favours the more analytical approach of the Court of Appeal, as it adheres more closely to the words of the 1993 Regulations and the Directive, than the "two years' gross commission" approach of the Court of Session.
Parker Hood 'What Is So Special About Being A Fiduciary?' (2000) Edinburgh Law Review Vol.4, pp.308-335
Parker Hood 'Section 459 of the Companies Act 1985 - A New Dawn or a False Sunrise?' (2000) Juridical Review pp. 357-381
Parker Hood 'Salomon's Case and the Single 'Business Organisation'' (2000) Journal of Business Law pp.58-61
Hector MacQueen, Martin Hogg, Parker Hood '"Muddling Through? Legal Responses to E-Commerce From the Perspective of a Mixed System' (1998) Molengrafica 195-224
Abstract
The article dealt with "the problems posed by sofware transactions, licences of information and electronic contracting" under Scots law, as well as the potential liability and remedies .
Parker Hood 'Unjustified Enrichment in Scots Law: a Further Step Towards Rationalisation' (1998) Law Quarterly Review Vol. 114, pp.559-563
Parker Hood 'Balfour Beatty v Scottish Power - Remoteness of Damage in Contract Revisited' (1996) Edinburgh Law Review Vol.1, pp.127-135
Parker Hood 'Tracing, Constructive Trusts and Unjustified Enrichment' (1994) Scots Law Times 265-268 (double pages)
Abstract
This article deals with the use of the constructive trust in Scots law in the case of Southern Cross Commodities v Martin 1991 SLT 83, and argues that it is still applicable in Scots law
Notes and Reviews
Parker Hood ''"A Stitch in Time"? Repairs and Rejection in Sale of Goods' (2008) Edinburgh Law Review 316-321/12
Abstract
Section 35(6)(a) says there is no acceptance of goods (and, hence, no loss of the right to reject) where a defective good is repaired, pursuant to 'an arrangement with the seller'. However, what is the position where the seller, having repaired the goods, does not tell the buyer what the fault was or what was done to rectify it? In such a case, the House of Lords has held the buyer can still reject the goods, even where the seller says they are 'as good as new'. The basis for doing so was an implied term. Nonetheless, the reasoning is diverse, and it is the diversity of reasoning which is looked at.
Parker Hood 'An Unsatisfactory Hire-Purchase' (2007) Edinburgh Law Review 421-426/Vol 11
Abstract
This note looks at the issue of "satisfactory quality", under ss 10(2A)-10(2b) and 12A of the Supply of Goods (Implied Terms) Act 1973, for goods under a hire-purchase agreement. It also looks at the effect of warranties, rejection of goods and unjusitified enrichment due to use of the rejected goods.
Parker Hood 'Fiduciary obligations in a contractual/commercial context: DHL International Ltd v Richmond Ltd' (1994) Journal of Business Law 285-291
Abstract
This note looks at the effect of contractual/commercial setting upon fiduciary obligations. It also deals with the effect of an exclusion clause in an international carriage contract.
Parker Hood 'The Duties of a Standard Security Holder' (1994) Journal of the Law Society of Scotland 257/Vol 39
Abstract
This note looks at the obligations of a standard security holder, under s 25 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to secure "the best price that can reasonably be obtained" and the case of Dick v Clydesdale Bank 1991 SC 365.
Papers and Presentations
Parker Hood '"Restitutionary Damages"' presented at Scotland and The Netherlands: Workshops on Private Law and the Ius Commune, Old College, Edinburgh University, 2003
Abstract
This paper looked at the nature and effect of recent case law dealing with the newly approved concept, in English law, of "restitutionary damages".

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