Contract Law and Practice:The English System and Continental Comparisons


Book Description

This book provides continental lawyers with a clear and accessible introduction To The basic principles of English commercial contract law, and their English counterparts with what may well be their first insight into equivalent Continental rules. Highlighted features of this publication include: Clear but critical explanations of the general principles of the law, illustrated by modern precedents. More than 100 new cases have been added since the 1992 Second Edition. Use of typical commercial contract clauses, illustrating the practical significance of the rules in question and introducing students To The language of contracts. Emphasis on commercial practice And The fundamental issues of offer and acceptance, consideration, terms, exclusions clauses, risk,. mistake, misrepresentation, frustration, and remedies for breach. Interesting and instructive comparisons with Commonwealth and American developments in case law and statute, combined with appropriate references To The Vienna Convention on Contracts For The International Sale of Goods. Appendices contain the full text of the Convention, together with the important, new Unfair Terms in Consumer Contracts Regulations. Commentaries on comparable aspects of Danish, Dutch, French, German, Italian, Spanish and (new to this edition), Swedish law written by practitioners and academics of the countries in question.




Contract Law and Practice:The English System and Continental Comparisons


Book Description

Contract Law and Practice is first and foremost a notably clear and well-illustrated exposition of the rules and attitudes of English contract law. it is moreover exceptional in emphasising the UK's membership of the European Union and seeking accordingly to give British lawyers an insight into equivalent Continental rules, while providing their Continental counterparts with a straightforward introduction to English law and its ways of thought. Special features include: Clarity of expression and text (no footnotes!); Nearly 150 cases added since the third edition, including more than 30 reported in 2000; Many examples of the terms of standard form contracts, considering their actual or possible effect and introducing students to current commercial practice. Particularly important issues include provisions as to risk, retention of title clauses, exclusion clauses, entire agreement clauses, and letters of credit; Full treatment of the fundamental and familiar principles of the law, together with recent and forthcoming UK and EU reforms as to third party rights, consumer protection, etc.; For those interested to look beyond the limits of their own systems, there are concise and updated commentaries at the end of every chapter on comparable aspects of Danish, Dutch, French, German, Italian, Spanish, and Swedish law, written by distinguished practitioners and academics in those countries; The book provides further comparative material in the many instructive references to Scottish, Commonwealth, and American contract cases, and To The Vienna Convention on Contracts For The International Sale of Goods.




Contract Law and Practice:The English System and Continental Comparisons


Book Description

This book provides continental lawyers with a clear and accessible introduction To The basic principles of English commercial contract law, and their English counterparts with what may well be their first insight into equivalent Continental rules. Highlighted features of this publication include: Clear but critical explanations of the general principles of the law, illustrated by modern precedents. More than 100 new cases have been added since the 1992 Second Edition. Use of typical commercial contract clauses, illustrating the practical significance of the rules in question and introducing students To The language of contracts. Emphasis on commercial practice And The fundamental issues of offer and acceptance, consideration, terms, exclusions clauses, risk,. mistake, misrepresentation, frustration, and remedies for breach. Interesting and instructive comparisons with Commonwealth and American developments in case law and statute, combined with appropriate references To The Vienna Convention on Contracts For The International Sale of Goods. Appendices contain the full text of the Convention, together with the important, new Unfair Terms in Consumer Contracts Regulations. Commentaries on comparable aspects of Danish, Dutch, French, German, Italian, Spanish and (new to this edition), Swedish law written by practitioners and academics of the countries in question.




Contract Law


Book Description

This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.




Letters of Comfort


Book Description

This book presents the first thoroughgoing analysis of the contractual effect of letters of comfort as it appears in both common law and civil law systems. The commentary draws on cases from a wide variety of jurisdictions and on the full range of legal scholarship on the subject in several languages. Among the specific issues and topics raised along the way are the following: the typology of letters of comfort; the legal nature of letters of comfort; the use of letters of comfort in corporate group and banking practice; the economic explanation for the use of letters of comfort; the contractual effect of letters of comfort in French law; ‘ten commandments’ of letters of comfort; Clearly evoking the tension between business needs, the law, and judicial application, the book analyses what happens when the relationship between a lender and a creditor breaks down, or the latter becomes insolvent, and courts or arbitrators are asked to determine the legal status of a comfort letter. This is an area of practice in which lawyers in any field of business activity are inevitably concerned, and in which useful guidance is scarce. For this reason this detailed analysis will be very welcome.




Global Sales and Contract Law


Book Description

This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.




International Commercial Agreements


Book Description

Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.










Universalising International Law


Book Description

Universalising international law is one of the most urgent tasks awaiting those who wish to advance the discipline. Though all the world acknowledges its universal nature, it has long been confined in a largely monocultural mould. Indeed a tendency is sometimes discernible for international law to be compartmentalised and to function within a close cabinet of technical rules little known to those outside the ranks of specialists. This volume looks initially at some general aspects of universalisation. It thereafter adopts a universalist approach to some of the sources of international law and it deals with peace, the bedrock of international law, which likewise requires a universalist approach. It is hoped that these studies will highlight the imperative need that now exists for extending the conceptual framework of international law, thereby buttressing its moral authority and widening its appeal at a time when universal acceptance of international law is one of the most pressing demands of the international system.