Download or read book Contractual Limitations written by Charles Andrew Ray and published by . This book was released on 1892 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contractual Limitations written by Charles Andrew Ray and published by Forgotten Books. This book was released on 2017-01-11 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Contractual Limitations: Including Trade Strikes and Conspiracies, and Corporate Trusts and Combinations While the law recognizes that commercial prosperity requires that every one of full age and reasonable discretion should have almost unlimited freedom in entering into contracts, and that all engagements thus freely and fairly entered into should be held sacred and enforceable in law, and all equitable rights growing out of such engagements should be given full effect; yet there are limitations upon this right to contract which the security of society and the protection of individual rights render it imperative that the law making power should impose, and that courts should render effective. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Copyright Limitations and Contracts An Analysis of the Contractual Overridability of Limitations on Copyright written by Lucie Guibault and published by Springer. This book was released on 2002-02-19 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores this conflict, focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure. It explains the rationale for these limitations and questions the legality of overriding them by contractual means. The author finds a complex array of factors clouding the emergence of coherent rules in the matter and points out that the United States' Uniform Computer Information Transactions Act (UCITA) leaves this issue essentially unresolved. Among the author's insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) to exercise absolute control over copyrighted material, even under circumstances of global mass distribution.
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Download or read book The Three and a Half Minute Transaction written by Mitu Gulati and published by University of Chicago Press. This book was released on 2013 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.
Download or read book CONTRACTUAL LIMITATIONS INCLUD written by Charles a. (Charles Andrew) B. 182 Ray and published by . This book was released on 2016-09-10 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracts written by and published by 中信出版社. This book was released on 2003 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: 对应于克纳普、克里斯特尔和普林斯合著的案例教程《合同法问题研究:案例与资料》。
Download or read book Understanding and Negotiating Book Publication Contracts written by Brianna Schofield and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.
Download or read book Problems in the Law of Contracts written by Henry Winthrop Ballantine and published by . This book was released on 1915 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Limits of Freedom of Contract written by M. J. Trebilcock and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Warranties and Disclaimers Limitations of Liability in Consumer Related Transactions written by Martin Kurer and published by Kluwer Law International B.V.. This book was released on 2002-06-13 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers? These were the fundamental questions addressed by a well-attended seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar--jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel)--consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations. This wealth of material has been compiled and reproduced in this remarkably useful book. Business lawyers will find its insights immensely valuable, whether they are drafting contracts or dealing with potential or actual liabilities virtually anywhere in the world.
Download or read book Legal and Contractual Limitations To Wor written by and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limitation of Liability Clauses in Contracts for Large scale International Projects written by Tatiana Istomina and published by . This book was released on 2020-12-31 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 2,0, University of Applied Sciences Mainz (Wirtschaft), language: English, abstract: Participation in large-scale international projects (also called megaprojects) has a significant impact on multiple international parties, especially in the industrial plant construction sector. On the one hand, the participation of multiple parties can lead to higher levels of technological achievement. On the other, this participation also leads to greater risk and liabilities for parties. Contract management plays an increasingly important role in megaprojects; it is aimed at identifying and limiting risks that are typical to international industrial plant construction contracts and specific to megaprojects. However, to use these contracts optimally, it is essential to have a comprehensive overview of the main issues of liability. Nowadays, 89% of large German companies consider limitation of liability clauses to be highly important. This is why the main objective of this research was to explore knowledge and insight in regard to limitation of liability clauses. The core questions were addressed such as the important types of liability, the main types of limitation of liability clauses and the restrictions of the limitation of liability clauses. The methods applied to collect and analyze the relevant data were systematic approach, key word search, snowball system and discussions with legal experts from similar megaprojects.
Download or read book An Exploration of the Limits of Freedom of Contract written by Michael J. Trebilcock and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Download or read book Legal and Contractual Limitations to Working time written by Roger Blanpain and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
