Download or read book Covid 19 Force Majeure and Frustration of Contracts The Essential Guide written by Keith Markham and published by . This book was released on 2020-07-08 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to outline the key provisions, together with a series of practical steps that need to be taken in order to deal with these issues as smoothly as possible.
Download or read book Corbin on Contracts written by Timothy Murray and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no event in history has prompted as much ink to be spilled about contract law as the COVID-19 pandemic. The pandemic, and especially government reactions to it, have wreaked havoc on the supply chain, forced businesses to shut down, and rendered all manner of contracts intolerably costly or risky. The incalculable disruption to countless contracts has caused attorneys everywhere to examine whether their clients' contractual performance may be excused pursuant to the agreement's force majeure provision; a common law extra-contractual theory (impracticability, impossibility, or frustration of purpose); a statutory basis (U.C.C. ʹ 2-615); or an international treaty (the United Nations Convention on Contracts for the International Sale of Goods (CISG) Article 79). The pandemic's devastating effect on contracts promises to generate significant litigation and will impel attorneys to rethink how they draft force majeure provisions.In Corbin on Contracts: Force Majeure and Impossibility of Performance Resulting From COVID-19 the law regarding force majeure and impossibility and related legal theories is chronicled in the following chapters:Impossibility of Performance - Personal InabilityDeath or Destruction of Specific Things - Prorating SupplyLegal Prohibition -Government Prohibition and Exigencies of WarDischarge by Frustration of PurposeImpossibility of Performance of a Condition; Remedy of RestitutionIn addition, author Timothy Murray has provided a detailed introduction which also serves as a guide providing a roadmap to assist the reader in traversing issues related to the effect of the COVID-19 pandemic on contractual obligations.
Download or read book Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Download or read book Frustration and Force Majeure written by Guenter H. Treitel and published by . This book was released on 2014 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an invaluable guide to those who need both to write and to apply force majeure clauses.
Download or read book Force Majeure and Frustration in Commercial Contracts written by Ben Symons and published by Bloomsbury Publishing. This book was released on 2022-04-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principally concerned with the laws of England and Wales and Ireland, but also covering other UK common law jurisdictions including Australia, Canada, Singapore and Hong Kong, this title looks at both the doctrines of force majeure and frustration and their application to commercial contracts. It includes analysis and consequences of recent case law, including Classic Maritime Inc v Limbungan Makmur SDN BHD, Lion Diversified Holdings BHD and Seadrill Ghana Operations Ltd v Tullow Ghana Ltd. The title also sets out the statutory principles that apply. Whilst looking at these principles in a broad sense, it is also the first major work to relate them to, and address the issues brought about by, the COVID-19 pandemic. Written by leading experts Ben Symons and Joe Dalby SC from leading commercial set, 36 Commercial, it offers a comprehensive and authoritatively researched analysis of all issues related to force majeure and frustration. It is practical in its approach and it is essential reading for commercial practitioners and contract lawyers to ensure they leave no stone unturned when working on a matter involving either force majeure or frustration. This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Download or read book Force Majeure and Frustration of Contract written by Ewan McKendrick and published by Informa Law from Routledge. This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.
Download or read book Frustration and Force Majeure written by G. H. Treitel and published by . This book was released on 1994-01-01 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.
Download or read book The Corporate Insolvency and Governance Act 2020 A Practical Guide written by Stephen Allinson and published by . This book was released on 2020-08-31 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first book to be published specifically on the Act, guides the reader through all the provisions and analyses each one from a practical point of view. It will be required reading for anyone who practices in this area as a lawyer or insolvency professional.
Download or read book Consumer Law and Policy written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2012-10-25 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.
Download or read book FIDIC A Guide for Practitioners written by Axel-Volkmar Jaeger and published by Springer Science & Business Media. This book was released on 2009-11-11 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.
Download or read book FIDIC Contracts in Europe written by Donald Charrett and published by Taylor & Francis. This book was released on 2022-11-29 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Europe: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book closely follows the format of The International Application of FIDIC Contracts, with the addition of an outline of the construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.
Download or read book The Coffee Guide written by United Nations Publications and published by . This book was released on 2021-12-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Coffee Guide is the world's most extensive, hands-on, and neutral source of information on the international coffee trade.
Download or read book Drafting Effective Contracts A Practitioner s Guide 3rd Edition written by Dodd, Feldman, Nimmer and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 2300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The professional's favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process --from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contract-- giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract process--from conducting the initial client meeting to closing the deal. You'll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how they're assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements --such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then you'll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
Download or read book Jct written by Sweet & Maxwell, Limited and published by . This book was released on 2016-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anson s Law of Contract written by Sir William Reynell Anson and published by Oxford University Press, USA. This book was released on 2010-08-19 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Review of Maritime Transport 2020 written by United Nations and published by UN. This book was released on 2021-01-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series contains the decisions of the Court in both the English and French texts.
Download or read book FIDIC Contracts in the Americas written by Donald Charrett and published by Taylor & Francis. This book was released on 2023-07-18 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.
