Download or read book Commercial Agency A Practical and Legal Guide written by Oliver Segal and published by . This book was released on 2021-02-12 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written by the leading barrister and one of the leading solicitors in the field of the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations"). But it is not a book written only for lawyers. The intention is to provide practical analysis and advice to agents, principals and their representatives (non-legal and legal) on the key questions that arise between them - during an agency relationship and following its conclusion. When do the Regulations apply? What rights and obligations do the parties have during the agency? What sort of (mis-)conduct entitles the other party to terminate for cause? How can an agent or principal vary the terms of the agency without ending it? When is an agent entitled to an indemnity or compensation following termination? How does one calculate the value of that indemnity or compensation? These are questions that regularly concern agents and principals, to which they and their representatives need clear answers. This book provides those answers.
Download or read book Commercial Agents and the Law written by Séverine Saintier and published by Taylor & Francis. This book was released on 2017-09-25 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.
Download or read book Commercial Agency Agreements Law and Practice written by Susan Singleton and published by Butterworths. This book was released on 2005-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable guide covers one of the most common forms of long term commercial agreement - the agreement between a company and its agent. Still the only book dealing solely with commercial agents, it is a step-by-step guide to drafting such agreements, making it essential reading for all commercial agents and their legal advisers in the UK. Fully updated to include new legislation on competition law and recent case law, the second edition also contains a new section on foreign agency. Also included is a disk of precedents to ensure quick, simple access to the relevant supporting information.
Download or read book Agency Law in Commercial Practice written by Danny Busch and published by Oxford University Press. This book was released on 2016-01-28 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
Download or read book Agency written by Roderick Munday and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of agency regularly arise in the work of commercial practitioners. This book, noted for its uniquely clear and accessible style, provides an invaluable reference guide to the main principles of agency law, including detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993. Detailed and incisive analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. It includes discussion of actual and apparent authority of an agent, agency of necessity, want of authority and ratification looking at the legal relations between principal and agent, and between third party as well as the relations between agent and third party, sub-agency and termination of agency. In keeping with the approach of previous editions, the third edition of Agency: Law and Principles emphasises contemporary case law, and has been fully revised and updated in response to significant recent developments.
Download or read book Agency written by Roderick Munday and published by Oxford University Press, USA. This book was released on 2010 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work provides a useful and accessible reminder of the principles of agency law for experienced practitioners, as well as an invaluable guide for students looking for an approachable text on this topic.
Download or read book Guide to the Commercial Agents Regulations written by Fergus Randolph and published by . This book was released on 1994 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers guidance on the complex rules on the law relating to agency agreements. It provides a practical commentary on all aspects of the regulations, gives guidance on drafting agreements, contains the full text of the EC Directive and concise information on the background to the Directive, and the full text of the Commercial Agents (Council Directive) Regulations 1993. These regulations came into force on 1 January 1994, and introduced for the first time statutory rules governing the contractual relationship between principal and agent. The book also includes full DTI consultative and guidance notes
Download or read book Commercial Contracts written by Chris Thorpe and published by Woodhead Publishing. This book was released on 1996-07-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to explain the principles of contract law for the businessman, and to put those principles into their commercial context. Anyone involved in commercial transactions needs at least a basic understanding of the principles of contract law - the legal framework for all commercial activity. A lack of such a basic understanding at best results in a business which is less competitive and ultimately less profitable than it should be, and at worst can have expensive and sometimes disastrous commercial consequences.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book International Commercial Agency and Distribution Agreements written by Cristelle Albaric and published by Kluwer Law International B.V.. This book was released on 2017-03-06 with total page 1178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.
Download or read book Commercial Agency Agreements Law and Practice written by Susan Singleton and published by Bloomsbury Publishing. This book was released on 2020-03-04 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments. The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013 Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)
Download or read book Commercial and Intellectual Property Law and Practice 2021 written by Bamford and published by College of Law Publishing . This book was released on 2021-01-18 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial and Intellectual Property Law and Practice provides a detailed guide to the four major elements of commercial law and practice. Part I offers a thorough introduction to commercial agreements; Part II tackles the additional problems created when drafting international sales agreements; Part III introduces the protection and exploitation of intellectual property; and Part IV outlines the general principles of competition law and examines how it may affect the drafting and operation of commercial agreements. The book has been developed to provide international comparisons and context in key areas of commercial and IP law, alerting students and practitioners to issues they may encounter in cross-border practice, from international conventions which harmonise rights and obligations, to notable variations in how domestic laws control trading activity.This wide-ranging area of study and practice continues to expand, almost exponentially, with the pace of globalisation. That is unlikely to change and it is intended that this work will continue to respond to the needs and requirements of readers, having regard to the reality that in-depth scrutiny of complex topics will remain the preserve of more specialist works.
Download or read book Commercial Contracts A Practical Guide to Standard Terms written by Saleem Sheikh and published by Bloomsbury Publishing. This book was released on 2020-01-15 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents
Download or read book Commercial Agency Franchise and Distribution Contracts PEL CAFDC written by Martijn Willem Hesselink and published by sellier. european law publ.. This book was released on 2006 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.
Download or read book Principles of the Law of Agency written by Howard Bennett and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agency is a pervasive institution, fundamental to commercial activity, inherent to legal personality, enabling against deteriorating capacity. This new work provides a fresh, succinct examination of the principles of agency law exploring the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.
Download or read book Commercial Litigation in New York State Courts written by and published by . This book was released on 2005 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Law written by Robert Bradgate and published by . This book was released on 2012 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Law has been written principally for students taking an elective in commercial law on the Legal Practice Course. It covers all the core areas of general commercial practice, including agency and distribution agreements; sale and supply of goods and services; international sales contracts; credit and security; bills of exchange; competition law; intellectual property law and commercial contracts including specimen sets of terms of sale and purchase. Diagrams and examples ensure that the practical aspects of the subject area are emphasized, while the detailed coverage gives students a good introduction to the practitioner style texts they will use once in practice. This text offers an excellent bridge between the notes, exercises and case studies provided by lecturers, giving students a well-rounded view of commercial law.
