Download or read book Vitiation of Contracts written by Gareth Spark and published by Cambridge University Press. This book was released on 2013-01-03 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
Download or read book Actionable Misrepresentation written by George Spencer Bower and published by Butterworth-Heinemann. This book was released on 2000 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any false representation made by one person to another, with the object and result of inducing him to enter into a contract or transaction with the representor, or otherwise to alter his position to his prejudice, may be the subject of a claim for damages at the instance of the latter person.The fourth edition of this legal classic takes into account the considerable judicial and legislative activity both in the UK and overseas, since the last edition was published in 1974, and provides thorough analysis of this area as well as supplying conclusive material to back claims.This new edition:* Covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute* Sets out in full the law and practice of bringing an action for misrepresentation* Also deals with the remedies and defences available* Provides substantial coverage of key decisions and legislative activity in both the UK and Commonwealth jurisdictions* In-depth treatment of the Hedley Byrne principles and cases including Smith New Court Securities
Download or read book Misrepresentation Mistake and Non disclosure written by John Cartwright and published by Sweet & Maxwell. This book was released on 2012 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Download or read book Spencer Bower and Handley Res Judicata written by K R Handley and published by Butterworths. This book was released on 2019-11-19 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. Part One deals with res judicata estoppel in its three forms: cause of action estoppel, issue estoppel and the binding force of a judgment when it is the foundation of a new action. The application of these principles in specific areas of the law and the plea of autrefois acquit in criminal cases are then considered. A chapter deals with affirmative answers. Part Two deals with merger in judgment including its application in criminal cases under the plea of autrefois convict. Each Part concludes with a chapter on procedure. The final chapters deal with the extended doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law.This edition includes coverage of significant case law including cases from Hong Kong, Malaysia, Singapore and South Africa. There is also commentary on EU legislation including the Insolvency Regulation (1346/2000) dealing with the jurisdiction and recognition of judgments in insolvency proceedings, Council Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and Council Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial proceedings.
Download or read book Social Policy the Media and Misrepresentation written by Bob Franklin and published by Routledge. This book was released on 2002-01-04 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Policy, the Media and Misrepresentation examines aspects of news media reporting of social policy and how such coverage can influence processes of policy-making and implementation. It offers an appraisal of the complex inter-relationships between news media, news sources, the content of media coverage of social policy and its impact on audiences, public opinion and policy makers. Through detailed case studies, the various contributors explore: *social work and child protection *housing and homelessness *the charity and voluntary sectors *poverty and welfare policy *health (including HIV/AIDS) and mental health *education and crime and juvenile justice.
Download or read book The Media the Court and the Misrepresentation written by Rorie Spill Solberg and published by Routledge. This book was released on 2014-12-02 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.
Download or read book Misrepresentation in the Life Health and Disability Insurance Application Process written by Joseph M. Hamilton and published by American Bar Association. This book was released on 2009 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive publication provides practitioners in the area of life, health, and disability insurance with a national survey of each of the fifty states regarding misrepresentations on applications as well as the applicable case law interpreting relevant statutes and developing the common law regarding misrepresentations. In addition, the publication will address the evolving issues related to misrepresentations in the context of the Employee Retirement Income Security Act (ERISA).
Download or read book Spencer Bower Handley Actionable Misrepresentation written by K. R. Handley and published by Butterworths Law. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In English law, an actionable misrepresentation is a false statement of fact made during pre-contractual negotiations made by one party which induces the other party to enter into a contract. First published in 1911, Spencer Bower, Turner & Handley is the most authoritative and comprehensive book available on the topic of actionable misrepresentation. It covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute and sets out in full the law and practice of bringing an action for misrepresentation. It also deals with the remedies and defences available, providing substantial coverage of key decisions in both the UK and Commonwealth jurisdictions. This edition takes into account the considerable judicial and legislative activity in actionable misrepresentations, both in the UK and overseas since 1974, and provides analysis of this area as well as supplying conclusive material to back claims.
Download or read book The Law of Actionable Misrepresentation Stated in the Form of a Code written by George Spencer Bower and published by . This book was released on 1911 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Charge of Ignorance and Misrepresentation Proved Against George B Cheever written by Charles Wentworth Upham and published by . This book was released on 1834 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aping Mankind written by Raymond Tallis and published by Routledge. This book was released on 2016-04-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neuroscience has made astounding progress in the understanding of the brain. What should we make of its claims to go beyond the brain and explain consciousness, behaviour and culture? Where should we draw the line? In this brilliant critique Raymond Tallis dismantles "Neuromania", arising out of the idea that we are reducible to our brains and "Darwinitis" according to which, since the brain is an evolved organ, we are entirely explicable within an evolutionary framework. With precision and acuity he argues that the belief that human beings can be understood in biological terms is a serious obstacle to clear thinking about what we are and what we might become. Neuromania and Darwinitis deny human uniqueness, minimise the differences between us and our nearest animal kin and offer a grotesquely simplified account of humanity. We are, argues Tallis, infinitely more interesting and complex than we appear in the mirror of biology. Combative, fearless and thought-provoking, Aping Mankind is an important book and one that scientists, cultural commentators and policy-makers cannot ignore. This Routledge Classics edition includes a new preface by the Author.
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 Misrepresentations written by Graham Bradshaw and published by Cornell University Press. This book was released on 1993 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continues Bradshaw's earlier critical work on Shakespeare by considering his perspectivism and the intricacies and complexity of a play's dramatic thinking, using Henry V and Othello as case studies. Some of the chapters have been previously published. Paper edition (8129-5), $15.95. Annotation copyright by Book News, Inc., Portland, OR
Download or read book Representation and Misrepresentation in Later Stuart Britain written by Mark Knights and published by OUP Oxford. This book was released on 2006-09-28 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original and illuminating new study, Mark Knights reveals how the political culture of the eighteenth century grew out of earlier trends and innovations. Arguing that the period from 1675 needs to be seen as the second stage of a seventeenth-century revolution that ran on until c.1720, Representation and Misrepresentation in Later Stuart Britain charts the growth of a national political culture and traces the development of the public as an arbiter of politics. In doing so, it uncovers a crisis of public discourse and credibility, and finds a political enlightenment rooted in local and national partisan conflict. The later Stuart period was characterized by frequent elections, the lapse of pre-publication licensing, the emergence of party politics, the creation of a public debt, and ideological conflict over popular sovereignty. These factors combined to enhance the status of the 'public', not least in requiring it to make numerous acts of judgement. Contemporaries from across the political spectrum feared that the public might be misled by the misrepresentations pedalled by their rivals. Each side, and those ostensibly of no side, discerned a culture of passion, slander, libel, lies, hypocrisy, dissimulation, conspiracy, private languages, and fictions. 'Truth' appeared an ambiguous, political matter. Yet the reaction to partisanship was also creative, for it helped to construct an ideal form of political discourse. This was one based on reason rather than passion, on moderation rather than partisan zeal, on critical reading rather than credulity; and an increasing realization that these virtues arose from infrequent rather than frequent elections. Finding synergies between social, political, religious, scientific, literary, cultural, and intellectual history, Representation and Misrepresentation in Later Stuart Britain reinvigorates the debate about the emergence of 'the public sphere' in the later Stuart period.
Download or read book Education and Knowledge written by Kevin Harris and published by Routledge. This book was released on 2016-09-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, first published in 1979, Kevin Harris explores the idea that in capitalist liberal democracies formal education functions essentially not to reveal reality, but rather to transmit to each new generation a structured misrepresentation of reality. In defence of this controversial and thought-provoking view, the author argues that all knowledge of the world is theory-laden and that a neutral, detached, objective description of the world is impossible. This title will be of interest to students of the philosophy of education.
Download or read book Misrepresentation written by John Cartwright and published by . This book was released on 2002 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Current Law Case Citators provide a quick reference guide to all case law since 1947 - showing if a case has ever been applied, considered, explained, approved, overruled or even referred to
Download or read book Explaining Behavior written by Fred Dretske and published by MIT Press. This book was released on 1991-02-05 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do human beings move? In this lucid portrayal of human behavior, Fred Dretske provides an original account of the way reasons function in the causal explanation of behavior. Biological science investigates what makes our bodies move in the way they do. Psychology is interested in why persons—agents with reasons—move in the way they do. Dretske attempts to reconcile these different points of view by showing how reasons operate in a world of causes. He reveals in detail how the character of our inner states—what we believe, desire, and intend—determines what we do.
