Author : Richard Austen-Baker
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 19,49 MB
Release : 2017-03-31
Category : Law
ISBN : 1785365282
This Second Edition is the leading account of contract law in England & Wales in relation to implied terms and has been fully revised and updated to cover recent developments in the law. Key features include analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015 and detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer.
Author : George M. Cohen
Publisher :
Page : 0 pages
File Size : 45,66 MB
Release : 2009
Category :
ISBN :
This essay will appear as an entry in the forthcoming Encyclopedia of Law and Economics (2d ed.), published by Edward Elgar. The essay surveys the law and economics literature on interpretation and implied terms in contract law, focusing on recent literature. In particular, the essay examines the economic arguments for textualism and contextualism, the two primary methodologies used by courts to determine the intentions of contracting parties with respect to their performance obligations. Topics discussed include complete and incomplete contracts; negotiating, drafting, and litigation costs; superior risk bearer and opportunism approaches; joint fault and multiple contingencies; contracting party characteristics; court competence and error; and agency costs and third party interests.
Author : Yuliya Chernykh
Publisher : International Litigation in Press
Page : 632 pages
File Size : 16,7 MB
Release : 2022
Category : Law
ISBN : 9789004414679
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author : Kim Lewison
Publisher :
Page : 898 pages
File Size : 44,21 MB
Release : 2015-12-10
Category : Contracts
ISBN : 9780414034075
This acclaimed work, frequently cited in court, provides clear, practical guidance for all situations where practitioners are faced by questions of contract interpretation, whether they are preparing, advising on or disputing an agreement. It helps practitioners challenge contracts successfully and explain their inadequacies to clients.
Author : GEOFF R. HALL
Publisher :
Page : pages
File Size : 23,97 MB
Release : 2020
Category :
ISBN : 9780433502333
Author : Catherine Mitchell
Publisher : Taylor & Francis
Page : 325 pages
File Size : 12,21 MB
Release : 2018-08-06
Category : Law
ISBN : 1317645979
This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann’s exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first – to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.
Author : Richard Austen-Baker
Publisher : Edward Elgar Publishing
Page : 231 pages
File Size : 26,53 MB
Release : 2023-09-06
Category : Law
ISBN : 1800885180
This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.
Author : Clayton P. Gillette
Publisher : Cambridge University Press
Page : 465 pages
File Size : 45,39 MB
Release : 2016-05-10
Category : Business & Economics
ISBN : 1107149622
Serving the needs of both students and experts, this book evaluates the CISG through economic theory and legal doctrine.
Author : Gerrit de Geest
Publisher : Edward Elgar Publishing
Page : 497 pages
File Size : 27,11 MB
Release : 2010-10
Category : Law
ISBN : 1849806640
This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.
Author : Mindy Chen-Wishart
Publisher : Oxford University Press
Page : 689 pages
File Size : 32,80 MB
Release : 2020-11-30
Category : Law
ISBN : 0192590790
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
