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Implied Terms in English Contract Law

Author : Richard Austen-Baker

Publisher : Edward Elgar Publishing

Page : 231 pages

File Size : 50,42 MB

Release : 2023-09-06

Category : Law

ISBN : 1800885180

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Book Description

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.



Contract Law

Author : John Cartwright

Publisher : Bloomsbury Publishing

Page : 359 pages

File Size : 22,29 MB

Release : 2016-06-02

Category : Law

ISBN : 1509902929

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Book Description

This book gives an introduction to the English law of contract. The third edition has been fully updated to cover recent developments in case law and recent statutes such as the Consumer Rights Act 2015. However, this new edition retains the primary focus of the earlier editions: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system - how a common lawyer reasons and finds the law - the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.



Legal Design

Author : Corrales Compagnucci, Marcelo

Publisher : Edward Elgar Publishing

Page : 264 pages

File Size : 18,51 MB

Release : 2021-10-21

Category : Law

ISBN : 183910726X

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Book Description

This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.



A Restatement of the English Law of Contract

Author : Andrew (hon) Burrows FBA

Publisher : Oxford University Press

Page : 309 pages

File Size : 17,76 MB

Release : 2016-04-28

Category : Law

ISBN : 0191072052

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Book Description

A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.



A Dictionary of Business and Management

Author : Jonathan Law

Publisher : OUP Oxford

Page : 999 pages

File Size : 24,45 MB

Release : 2009-01-01

Category : Business & Economics

ISBN : 0191036722

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Book Description

This wide-ranging and authoritative dictionary contains 7,000 entries covering all areas of business and management, including marketing, organizational behaviour, business strategy, law, and taxation. Written by a team of experts, it features the very latest terminology, for example, the recent vocabulary associated with structured finance and the associated subprime lending crisis, including collaterized debt obligation and special purpose vehicle. The new edition of this established bestseller dispels modern financial and management jargon, defining entries in a clear, concise, and accessible manner. It contains US business terms, general management concepts (e.g. competence, knowledge management), named theories (e.g. Tannenbaum and Schmidt, Blake and Mouton) as well as expanded coverage of the contemporary theory of the firm and human resources. New terms are included from the fast-moving areas of current affairs (e.g. MiFID), Internet business and information technology and there is full coverage of the new Companies Act. With recommended web links for many entries, accessible and kept up to date via the Dictionary of Business and Management companion website, this edition is more informative than ever. This A-Z reference work is essential for business students, teachers and professionals, and useful for anyone needing a guide to business terminology.



Contract Interpretation in Investment Treaty Arbitration

Author : Yuliya Chernykh

Publisher : BRILL

Page : 629 pages

File Size : 38,84 MB

Release : 2022-01-17

Category : Law

ISBN : 9004414703

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Book Description

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.



Anson's Law of Contract

Author : Sir William Reynell Anson

Publisher : Oxford University Press, USA

Page : 850 pages

File Size : 33,56 MB

Release : 2010-08-19

Category : Law

ISBN : 0199593337

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Book Description

This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.



Commercial Contract Law

Author : Larry A. DiMatteo

Publisher : Cambridge University Press

Page : 623 pages

File Size : 28,85 MB

Release : 2013-01-31

Category : Law

ISBN : 1107028086

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Book Description

Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.



The Law of Contract

Author : G. H. Treitel

Publisher :

Page : 784 pages

File Size : 25,63 MB

Release : 1966

Category : Contracts

ISBN :

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Chitty on Contracts

Author : Joseph Chitty

Publisher :

Page : pages

File Size : 13,38 MB

Release : 2004-04

Category :

ISBN : 9780421842601

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Book Description

Containing all the developments in case law and legislation since 1999, this resource covers such as topics as: formation of contract, illegality and public policy, remedies for breach of contract, bailment, building contracts, carriage by air and land, and credit and security