Download or read book Consultation Paper on Proposals for Unfair Contracts Relief written by British Columbia Law Institute. Unfair Contracts Relief Project Committee and published by . This book was released on 2010 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Unfair Contracts Relief Project is a two-year law-reform project. The project's focus is on general concepts in the law of contracts that address the problem of contractual unfairness. Its goal is to produce a final report that considers draft legislation containing reforms to these general concepts. The consultation paper sets out tentative recommendations for reform. These tentative recommendations contain policy positions that may form the foundation for a proposed Contract Fairness Act for the project's final report."--Abstract from British Columbia Law Institute website, viewed Jan. 12, 2011: http://www.bcli.org/bclrg/publications/unfair-contracts-relief-backgrounder-no-2-consultation-paper-proposals-unfair-con.
Download or read book Consultation Paper on Proposals for Unfair Contracts Relief December 2010 written by British Columbia Law Institute. Unfair Contracts Relief Project Committee and published by . This book was released on 2010 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report on Proposals for Unfair Contracts Relief written by British Columbia Law Institute and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The basic purpose of the law of contracts is to ensure that promises made for consideration are enforced. Achieving this basic purpose offends the conscience of society in some cases. The courts have a longstanding jurisdiction to refuse to enforce contracts that are determined to be unfair. This report recommends reforms to the leading concepts used by contract law to tackle the problem of unfairness. These concepts are unconscionability, duress, undue influence, good faith, and misrepresentation. Over the past years, they have been considered in an increasing number of court decisions. This has led to an expansion of, and a degree of confusion about, their scope. It is now timely to rationalize and consolidate these concepts. This report presents its recommendations in the form of draft legislation, called the Contract Fairness Act. The Contract Fairness Act clarifies vexing ambiguities in the application of unconscionability, duress, and undue influence, creates a framework to integrate those concepts, includes a definition of “good faith,” provides for a duty of good faith in the performance of contracts, and addresses concerns about remedies for misrepresentation.
Download or read book Report on Proposals for Unfair Contracts Relief written by and published by . This book was released on 2011 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consultation Paper on Unfair Contract Terms written by British Columbia Law Institute and published by . This book was released on 2004 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Codifying Contract Law written by Mary Keyes and published by Routledge. This book was released on 2016-05-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
Download or read book ASEAN Consumer Law Harmonisation and Cooperation written by Luke Nottage and published by Cambridge University Press. This book was released on 2019-09-19 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first Western-language research monograph detailing significant developments in consumer law and policy across Southeast Asia. Eight chapters examine consumer law topics within ASEAN member states such as product safety and consumer contracts as well as financial and health services, plus the interface with competition law.
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 Draft Defamation Bill written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-03-15 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.
Download or read book Modernising and Harmonising Consumer Contract Law written by Geraint G. Howells and published by sellier. european law publ.. This book was released on 2009 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2008, the European Commission published the Proposal for a Consumer Rights Directive - a proposal that suggests far-reaching changes to the core of consumer contract law. Four current directives are replaced by a new overarching piece of legislation. In doing so, full harmonization should, for the most part, take the place of the minimum standard presently in force in the EU. Although a welcomed initiative, the extent and possible effects of the Proposal have certainly brought a number of issues to the fore. In January 2009, legal experts - from universities, legal practices, and the civil service - met at Manchester University to address the issues raised by the Proposal and to address the question of the extent to which the Proposal can indeed contribute to the modernization and harmonization of European consumer contract law. This book contains the proceedings of the conference, and includes papers that analyze, criticize, and suggest improvements for the Proposal.
Download or read book Reforming Marine and Commercial Insurance Law written by Baris Soyer and published by Taylor & Francis. This book was released on 2020-10-28 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.
Download or read book EU Consumer Rights Directive written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2009-07-15 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence taken before Sub-committee G (Social Policy and Consumer Affairs)
Download or read book Consumer redress for misleading and aggressive practices written by Great Britain: Law Commission and published by Stationery Office. This book was released on 2012-03-28 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This joint report by the Law Commission and Scottish Law Commission considers the redress available to consumers who have been the victims of misleading or aggressive practices by traders. Currently consumers have to rely on private law rights if they want to take action. The Commissions' review found current private law in this area to be fragmented, complex and unclear, and recommends new legislation to provide redress to consumers who experience misleading and aggressive practices in their dealings with traders. The aim is to clarify and simplify the current law on misleading practices, and to improve the law on aggressive practices by filling the gaps in the current law. Limited reform, targeting the most serious causes of consumer detriment, is proposed. The report follows the Consumer Protection from Unfair Trading Regulations 2008 in most, but not all, respects. Recommendations are made on liability and remedies. Consumers would have the right to unwind the transaction (get a refund), or receive a discount on the price. Additional damages may be recoverable to compensate for additional loss. The report also considers the specific area of unfair payment collection.
Download or read book Report of the Presiding Officer on Proposed Trade Regulation Rule written by United States. Federal Trade Commission and published by . This book was released on 1978 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fairness in Consumer Contracts written by Chris Willett and published by Ashgate Publishing, Ltd.. This book was released on 2007 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chris Willett provides a systematic analysis of good faith and fairness in consumer contracts. A controversial and topical issue, the book examines the complexity of 'fairness' as a legal and moral concept and its relationship with wider socio-economic policies such as European integration.
Download or read book Government s proposed reform of legal aid written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2011-03-30 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Additional written evidence is contained in Volume III, available on the Committee's website at www.parliament.uk/justicecttee
Download or read book Consumer Sales Law written by John Macleod and published by Routledge. This book was released on 2009-06-02 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subject-matter of the supply contract : goods and price -- Regulation of business -- Consumer protection and the criminal law -- Consumer protection and instalment credit -- Licensing -- Moneylending -- Seeking business -- Formalities of the agreement -- Formation of the agreement -- Contractual terms -- Undertakings as to title -- Undertakings as to quantity and quality -- Undertakings as to fitness and satisfactory quality -- Other implied terms and obligations -- Financed transactions -- Product liability -- Exclusions and disclaimers -- The effects of the contract -- The passing of property -- The transfer of title -- Risk and impossibility -- Delivery and possession -- The unpaid supplier's possessory rights -- Security for the price -- Discharge of contractual obligations -- Remedies of the supplier : creditor or owner -- Enforcement by public authorities -- Remedies of the transferee : "debtor or hirer".
