Download or read book Frustration and supervening impossibility The doctrines of consideration and promissary estoppel written by Jenny Walther and published by GRIN Verlag. This book was released on 2005-04-24 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.
Download or read book Doctrine of Promissory Estoppel written by L.K. Sharma and published by Deep and Deep Publications. This book was released on 1994 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liquidated Damages and Penalties written by and published by . This book was released on 1988 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Remedies Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Download or read book Contract Law written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2018 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.
Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Download or read book The International Law of Investment Claims written by Zachary Douglas and published by Cambridge University Press. This book was released on 2009-06-11 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a codification of the principles and rules relating to the prosecution of investment claims.
Download or read book R E Davis Chemical Corp V Diasonics Inc written by and published by . This book was released on 1990 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to Contract Law REVISION GUIDE written by Johanna Hoekstra and published by Transnational Press London. This book was released on 2021-12-17 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the principles and rules of general contract law in England & Wales. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. In this it follows the structure most used in contract law modules at universities. Please also note that this book takes into account developments of the law up until July 2021. Contract law is a core module in legal higher education in the UK. Contract law is also an important basis for many other law modules including maritime law, company law, commercial law, and arbitration law. This book gives a clear oversight of the main issues of key contract law topics. It summarises the issues in a concise and precise manner and uses practical examples throughout to clarify how the law is applied. Key cases are used to explain and illustrate the principles of the law. This book is an ideal companion guide for exam revisions. The chapters follow a question-and-answer model that makes it easy to find information on a specific issue. The chapters end with a problem-solving scenario on key issues of the topic and a list with key cases which will be helpful in preparing for examinations. At the end of the book, you find a further reading list and a set of sample multiple-choice questions which can be used to help prepare for the first stage of the SQE examination that will be introduced in September 2021. “Contract Law is generally taught as a first-year subject which could be a daunting subject. This book helps students to revise this subject effectively as it brings together all key areas of contract law that a student should be familiar with when preparing for examinations, drafting coursework, and preparing for seminars. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. The book is written in plain language in the form of questions and answers. It is detailed without being too long, succinct but covers all key cases and developments in the area. The multiple-choice questions at the end of the book are very beneficial for students preparing for the SQE and exams that follow a similar format. I would recommend this book wholeheartedly.” – Dr Aysem Diker Vanberg, Lecturer in Law, Goldsmiths, University of London CONTENTS: Abbreviations About the author Foreword CHAPTER I Introduction CHAPTER II Offer and Acceptance CHAPTER III Intentions to Create Legal Relations & Certainty CHAPTER IV Consideration & Promissory Estoppel CHAPTER V Rights of Third Parties CHAPTER VI Capacity CHAPTER VII Terms of the Contract CHAPTER VIII Exemption Clauses and Unfair Terms CHAPTER IX Duress and Undue Influence CHAPTER X Misrepresentation CHAPTER XI Mistake CHAPTER XII Frustration CHAPTER XIII Breach of Contract and Remedies SUMMARY: SAMPLE MULTIPLE CHOICE QUESTIONS ANSWERS RECOMMENDED READING LIST INDEX
Download or read book Global Claims in Construction written by Ali Haidar and published by Springer Science & Business Media. This book was released on 2011-07-20 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts’ attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.
Download or read book Termination for Breach of Contract written by John E. Stannard and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and detailed treatment of termination as a remedy for breach of contract, this book gives a current account of the law and explains this complex area in a practical context. The book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. Breach is defined in terms of a failure, without good excuse, to perform an obligation under the contract, and the various aspects of this definition are explained in the light of the relevant authorities. In the following chapter in the section, termination is defined in terms of an election by the promisee, in consequence of a breach by the promisor, to claim discharge from his or her own primary obligations under the contract. This process, which can also be seen as a major contractual remedy in its own right, is distinguished from other processes with which it has a close relationship, most notably the right to withhold performance and discharge under the doctrine of frustration. The third section addresses the question when the right to terminate for breach arises. The law gives two answers to this question - when the term broken is classified as a 'condition' or when a 'fundamental' breach has occurred. The nature of a 'condition' in this sense is explained, and the criteria for identifying when a term should be classified as such is set out. Similarly, the criteria for identifying a fundamental breach is discussed, as is the difficult relationship between the concepts of fundamental breach and repudiation and the doctrine of anticipatory breach. The fourth and final section considers the consequences of the promisee's election whether to terminate or not. In this section the legal effects of termination with regard to the obligations and remedies available to the promisee and the promisor, and also its effect on the application of other terms in the contract such as exemption clauses, are analysed. The measure of damages available to the promisee following termination, most notably damages 'on the footing of repudiation' or damages for 'loss of the bargain' is also considered here alongside other general principles governing damages in this context. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.
Download or read book Webster s New World Law Dictionary written by Jonathan Wallace and published by HarperCollins. This book was released on 2013-03-21 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in plain English, Webster's New World Law Dictionary is much easier to understand than typical legal documents. * Clear, concise, and accurate definitions of more than 4,000 legal terms * Coverage of terms from all areas of law, including criminal law, contracts, evidence, constitutional law, property law, and torts * Common abbreviations, foreign words and phrases, and a full copy of the United States Constitution, including the Bill of Rights and all subsequent amendments In addition to those in the legal field, this desk reference is invaluable to journalists, researchers, lay people dealing with legal issues, and even those who simply want to use legal terms correctly in order to make their points more convincingly.
Download or read book Essays on Contract written by P. S. Atiyah and published by Oxford University Press. This book was released on 1988 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: P.S. Atiyah is one of the leading contract theorists of the common law world. These previously published essays, all revised or rewritten for this edition, constitute a comprehensive account of Atiyah's thoughts on the theory and foundation of contractual liability over the last twenty years, and include the author's replies to criticisms previously made of his work.
Download or read book Examples Explanations for Property written by Barlow Burke and published by Aspen Publishing. This book was released on 2019-03-13 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
Download or read book Boilerplate Clauses International Commercial Contracts and the Applicable Law written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2011-03-17 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
