Download or read book Contracting for Cooperation in Recovery written by Gregory Klass and published by . This book was released on 2012 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a longstanding debate about whether courts should enforce contract terms purporting to limit the parties' liability for fraud. Less often noticed is that many contracts are designed to incorporate fraud liability, by requiring one party to make representations about her performance that, if false, can satisfy the elements of deceit. Such contractual representations are best understood as members of a broader, hitherto underappreciated category of contract terms: duties designed to increase the other party's chances of recovering for breach. Examples include the duty to keep records, to share information about performance, to permit audits, or not to hide breach. This Article shows that difficulties in proving proximate harm entail that legal liability for the breach of such terms makes a practical difference only when it includes penalties, punitive damages or other extra-compensatory measures. Parties now contract for liability in fraud, where punitive damages are available, because they cannot get these remedies in contract. The Article also argues that most of the costs of extra-compensatory remedies (such as deterring efficient breach) don't apply when they are attached to duties to cooperate in recovery, and that, in many cases, adopting such duties is a better solution to under-enforcement than adopting a damages multiplier.The practical upshot is a strong argument against rulings, most recently via a broad reading of the economic loss doctrine, that there can be no liability in fraud for lies that are also breaches. Rather than serving the oft-stated goal of protecting the parties' contractually chosen allocation of risk, these rules defeat party choice. Even better, however, would be exceptions to the rules against penalties and punitive damages when those remedies are attached to the breach a duty to cooperate in recovery.
Download or read book Contracts and Grants for Cooperative Research on Enhanced Oil and Gas Recovery and Improved Drilling Methods Progress Review written by United States. Dept. of Energy and published by . This book was released on 1977 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracts and Grants for Cooperative Research on Enhanced Oil and Gas Recovery and Improved Drilling Methods Progress Review written by United States. Dept. of Energy and published by . This book was released on 1981 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Duty to Cooperate and Not Hinder written by Flayo O. Kirk and published by . This book was released on 1988 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long established common law precedent, the implied promise of one party not to obstruct the other, is the basis for the Government's duty to cooperate with the contractor and not to hinder it during contract performance. Breach of this obligation commonly results in recovery of an equitable adjustment by the contractor under either a constructive change or constructive suspension theory. However, determining whether there has been a breach can be difficult as each case must be decided on its facts, the magnitude of Government fault required before allowing recovery is uncertain, and the broad scope of the implied promise complicates application of other traditional recovery theories. In its working relationship with the contractor the Government must avoid a destructive breakdown while still ensuring that it obtains its contractual entitlements. Although cooperation is especially critical in large and complex contracts, the Government is not required to make the work easier and has no duty to supervise a contractor's performance. Neither is it required to assist a contractor's early completion. However, the Government may not knowingly ignore contractor deviations during contract performance, hinder a contractor's early completion, or unduly pressure a contractor to complete performance. A contractor is also responsible for its own finances, although special considerations may apply for small businesses in the above areas. (sdw).
Download or read book Contracts and Grants for Cooperative Research on Enhanced Oil and Gas Recovery and Improved Drilling Methods Progress Review written by United States. Dept. of Energy and published by . This book was released on 1977 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1420 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Contracts and grants for cooperative research on enhancement of recovery of oil and gas written by Bill Linville and published by . This book was released on 1976 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fostering Regional Cooperation and Integration for Recovery and Resilience written by Asian Development Bank and published by Asian Development Bank. This book was released on 2022-01-01 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The coronavirus disease or COVID-19 has brought countries together to mitigate its spread and cushion its adverse consequences. Regional cooperation will be perhaps even more important in building an inclusive, resilient, and sustainable economic revival. This guidance note advocates wider, deeper, and more open regional cooperation and integration. Cooperation can be widened to include regional health security, trade in information and communication technology-enabled services, and financial safety nets, for example. It can be deepened to reach more stakeholders and sectors. It can also become more open through flexible collaboration and greater sharing of knowledge and expertise.
Download or read book Cooperative Grain Marketing by Local Warehouses and Elevators in the Pacific Northwest written by Harry Elijah Ratcliffe and published by . This book was released on 1940 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cooperation in Heterogeneous Theorem Prover Networks written by Dirk Fuchs and published by IOS Press. This book was released on 2000 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Phases of Cooperative Associations written by Lyman Spaulding Hulbert and published by . This book was released on 1942 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 2017 Catalog of Federal Domestic Assistance written by United States. Congress. Senate. Office of Management and Budget. Executive Office of the President and published by . This book was released on 2017 with total page 1886 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies and describes specific government assistance opportunities such as loans, grants, counseling, and procurement contracts available under many agencies and programs.
Download or read book Petrominer written by and published by . This book was released on 2007 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Register written by and published by . This book was released on 1997-03-12 with total page 1292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Major Activities in the Atomic Energy Programs written by U.S. Atomic Energy Commission and published by . This book was released on 1966 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Keystone Cooperation written by and published by . This book was released on 1925 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cooperative Information Systems written by Opher Etzion and published by Springer. This book was released on 2006-12-31 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cooperation among systems has gained substantial importance in recent years: electronic commerce virtual enterprises and the middleware paradigm are just some examples in this area. CoopIS is a multi-disciplinary conference, which deals with all aspects of cooperation. The relevant disciplines are: collaborative work, distributed databases, distributed computing, electronic commerce, human-computer interaction, multi-agent systems, information retrieval, and workflow systems. The CoopIS series provides a forum for well-known researchers who are drawn by the stature and the tradition of these conference series and has a leading role in shaping the future of the cooperative information systems area. CoopIS 2000 is the seventh conference in the series and the fifth conference organized by the International Foundation on Cooperative Information Systems (IFCIS). It is sponsored by the IFCIS, the IBM Research Laboratory in Haifa and Compaq, Tandem labs Israel. It replaces the former international workshops on Interoperability in Multidatabase systems (IMS) and the conference series on Cooperative Information Systems (CoopIS & ICICIS). In response to the call for papers 74 papers were submitted. Each of them was reviewed by at least three reviewers, and at the end of this process 24 papers were accepted for presentation at the conference. Six additional papers were selected for short presentations. In addition the conference includes two panels, two keynote speakers (Professor Calton Pu from Georgia Tech and Professor Sheizaf Rafaeli from Haifa University) and one tutorial. A special issue of the International Journal of Cooperative Information Systems will follow. August 2000 Opher Etzion & Peter Scheuermann
