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Book The Construction of Contracts

Download or read book The Construction of Contracts written by Gerard McMeel and published by OUP Oxford. This book was released on 2011-04-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practitioner-orientated new edition provides a clear and comprehensive account of the legal principles and doctrines that come into play whenever parties disagree about the meaning and effect of contractual words.

Book McMeel on The Construction of Contracts

Download or read book McMeel on The Construction of Contracts written by Gerard McMeel and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of legal principles and doctrines which come into play whenever parties disagree about the meaning and effect of contractual words, this work provides an account of the principles involved, focusing on the practitioner's needs, tackling modernisation and helping readers to avoid pitfalls in contractual provisions.

Book McMeel on the Construction of Contracts

Download or read book McMeel on the Construction of Contracts written by Gerard McMeel and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] helps the reader to negotiate a complex area of law by combining principles and doctrine with relevant discussion of the case law [and identifies] and anticipates current and future trends in litigation New to this [edition includes]: updated discussion of the role of the appeal courts in their decisions on judgments relating to contract construction, most notably the cases of Rainy Sky v Kookmin Bank (2011), Arnold v Britton (2015), the Lloyds Bank Bonds case (2016), and Wood v Capita Insurance Services(2017); expanded coverage and critique of the principles of implication and rectification; extended treatment of good faith following Yam Seng (2014) and MSC Mediterranean Shipping v Cottonex (2016); and discussion of New Commercial Court Guide rules on background facts 'factual matrix' and statements of case."--

Book A Unified Approach to Contract Interpretation

Download or read book A Unified Approach to Contract Interpretation written by Ryan Catterwell and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts.

Book Contract Interpretation in Investment Treaty Arbitration

Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Book Defences in Contract

    Book Details:
  • Author : Andrew Dyson
  • Publisher : Bloomsbury Publishing
  • Release : 2017-02-09
  • ISBN : 1509902147
  • Pages : 369 pages

Download or read book Defences in Contract written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

Book The Financial Courts

    Book Details:
  • Author : Jo Braithwaite
  • Publisher : Cambridge University Press
  • Release : 2021-01-07
  • ISBN : 1108688977
  • Pages : 415 pages

Download or read book The Financial Courts written by Jo Braithwaite and published by Cambridge University Press. This book was released on 2021-01-07 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Financial Courts, Jo Braithwaite analyses thirty years of cases involving the global derivatives markets, exploring the nature of these legal disputes and assessing their impact on financial markets and on commercial law more broadly. Weaving together this substantial body of cases with theoretical insights drawn from the growing literature on the internationalisation of financial law, Braithwaite offers readers a detailed and highly original contribution to the debate about the role of private law in international financial markets. This important work should be read by lawyers, economists and regulators in the field.

Book Form and Substance in the Law of Obligations

Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.

Book Russian Law Journal

    Book Details:
  • Author :
  • Publisher : Статут
  • Release :
  • ISBN :
  • Pages : 142 pages

Download or read book Russian Law Journal written by and published by Статут. This book was released on with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The “Russian Law Journal” (RLJ) magazine is one of the first English-language legal academic editions regularly published in Russia. It is an All-Russian interuniversity platform designed to promote Russian legal researches abroad. The magazine is meant for both Russian and foreign readers including major world legal libraries, academics and practicing lawyers. International editorial board and editorial team are represented by professors from leading world centers of legal education and legal science, like Harvard, Yale, Cambridge and La Sorbonne, as well as by scientists from Russian law schools (Moscow State University, Kutafin Moscow State Law University, Saint-Petersburg State University, Higher School of Economics).

Book The Contract of Carriage

    Book Details:
  • Author : Paula Bäckdén
  • Publisher : Taylor & Francis
  • Release : 2019-01-28
  • ISBN : 0429685858
  • Pages : 364 pages

Download or read book The Contract of Carriage written by Paula Bäckdén and published by Taylor & Francis. This book was released on 2019-01-28 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier’s liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague–Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier’s liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.

Book Contract Law

    Book Details:
  • Author : Neil Andrews
  • Publisher : Cambridge University Press
  • Release : 2011-05-26
  • ISBN : 1139504088
  • Pages : 797 pages

Download or read book Contract Law written by Neil Andrews and published by Cambridge University Press. This book was released on 2011-05-26 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.

Book Delivery of Goods under Bills of Lading

Download or read book Delivery of Goods under Bills of Lading written by Anders Møllmann and published by Routledge. This book was released on 2016-12-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Probably the core characteristic of a bill of lading is that the original bill of lading must be presented at the port of destination for a consignee to be entitled to delivery of the goods and for the carrier to get a good discharge of its delivery obligation by delivering the goods to said consignee. This notion is accepted virtually worldwide, but the more precise content of the "presentation rule" differs from jurisdiction to jurisdiction. Furthermore, and of importance, the legal basis establishing the "presentation rule" differs. With the technological advances in maritime transport as well as in communications technology and the emergence of more complicated trading patterns, a system where a specific tangible piece of paper issued at the port of loading has to be presented at the port of discharge to obtain delivery of the goods seems almost archaic and can obviously create problems. Thus, in practice very often – especially in some trades such as the oil trade – the bill of lading is not available at the port of discharge when the ship is ready to deliver the cargo. The book will first analyse the "presentation rule", its finer contents and its legal basis. It will then go on with (legal) analyses of three developments and responses to the problems that the bill of lading system gives rise to in practice, viz. the commercial, the international legislature’s, and the technological response. The commercial response analysed here consists of contractual exemption or limitation clauses in the bill of lading set up as a defence against claims for misdelivery. The international legislature’s response denotes the adoption of the Rotterdam Rules which as the first international convention on carriage of goods by sea includes elaborate rules on delivery of the goods. Finally, the technological response denotes the possibility of using electronic (equivalents of) bills of lading. The analyses will include a comparative approach examining both English and Scandinavian law to elucidate the issues with greater clarity.

Book Poole s Textbook on Contract Law

Download or read book Poole s Textbook on Contract Law written by and published by Oxford University Press. This book was released on 2023-05-31 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: A student classic: clear, comprehensive, contextual. The immensely popular Poole's Textbook on Contract Law has been guiding students through contract law for over 20 years. The law of contract is placed within its commercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law. Case-driven content and succinct explanations are combined with summaries, questions, and examplesto allow students to gain a sound understanding of the theory and application of contract law principles. Digital formats and resources: The sixteenth edition is available forstudents and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The study tools that enhance thee-book are all also available as stand-alone online resources for use alongside the print book. Online resources include: - Over 300 multiple choice questions with answers and feedback - Aselection of videos from the authors - Guidance on answering problem questions in contract law - Exercises and guidance on reading cases.

Book Poole s Textbook on Contract Law

Download or read book Poole s Textbook on Contract Law written by Robert M. Merkin and published by Oxford University Press. This book was released on 2021 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills. Thought-provoking questions are posed throughout to develop an in-depth understanding of the subject through critical engagement.

Book Poole s Textbook on Contract Law

Download or read book Poole s Textbook on Contract Law written by Robert Merkin and published by Oxford University Press, USA. This book was released on 2019-05-23 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: A student classic: clear, comprehensive, contextual. Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for over 20 years. This new edition has been updated with the latest key legal developments by Professor Robert Merkin and Dr Severine Saintier. The law of contract is placed within its commercial context, and students are provided with a detailed yet accessible treatment of all the key areas of contract law. Key features: - Each chapter begins with a summary of key issues, providing an overview of central themes and points of law, and concludes with suggestions for further reading, guiding students towards the most relevant texts and articles - Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues - Headings, case summaries and case extract boxes allow for easy navigation through the text Online resources: The study of contract law continues via the online resources, keeping you up to date and helping to consolidate your learning. - 300 multiple choice questions with answers and feedback - Self-test questions and answers - Guidance on answering problem questions in contract law - Updates on new legislation, cases, and other legal developments

Book Textbook on Contract Law

Download or read book Textbook on Contract Law written by Jill Poole and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 13th edition of this established and popular text provides a clear and commercially-focused exposition of contract law. Case-driven content and succinct explanations are combined with summaries, questions, and examples to allow students to gain a sound understanding of the theory and application of contract law principles.