Download or read book On the Choice of Common Contract Structures written by Stanford University. Program in Information Policy and published by . This book was released on 1978 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Common Frame of Reference and Existing EC Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimination or withdrawal), non-performance, remedies, damages and the relation to International Private Law.
Download or read book The Elements of Contract Drafting with Questions and Clauses for Consideration written by George W. Kuney and published by West Academic Publishing. This book was released on 2006 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a practical, to-the-point text covering the fundamental working parts of a contract and how one should be prepared. It provides an overview of the issues and processes involved in drafting contracts and transactional documents. It enables students to analyze the basic structure of contracts and other deal documents and develop the macro and micro techniques used to efficiently create those documents with precision and clarity. It provides the principles necessary for an understanding of the common structures of transactional documents and their provisions that can then be applied to specific transactions. This book also covers some of the substantive laws that may affect contracts."--Publisher's website.
Download or read book The NEC4 Engineering and Construction Contract written by Brian Eggleston and published by John Wiley & Sons. This book was released on 2019-02-26 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authoritative guide to the NEC4 Engineering and Construction Contract The New Engineering Contract (NEC) is one of the leading standard forms of contract for major construction and infrastructure projects. The latest edition of the contract (NEC4) is now a suite of contracts widely used in the UK, Australia, Hong Kong, South Africa, Ireland, and New Zealand. This timely and important book provides a detailed commentary on the latest edition of the main NEC4 Engineering and Construction Contract (NEC4 ECC) form. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It also draws upon the author's highly successful third edition of the book covering the previous contract. It identifies and comments on the changes between the current and previous version of the form. After a brief introduction to the new edition of the form, The NEC4 Engineering and Construction Contract offers in-depth chapters covering everything from main options and secondary option clauses to risk assurances and NEC 4 family contracts. In between, readers will learn about general core clauses, the obligations and responsibilities of the contractor, testing and defects, payments, compensation events, and much more. Covers the latest version of the NEC Engineering and Construction Contract, the leading standard form contract for major construction projects Examines the new contract clause by clause and compares it with the previous edition Previous editions were widely acknowledged as detailed and fair analyses of the NEC contracts Written by a highly regarded contracts commentator, experienced arbitrator, and adjudicator The NEC4 Engineering and Construction Contract: A Commentary is an excellent book for construction industry professionals working for clients, employers, main contractors, project managers, subcontractors, and specialist contractors.
Download or read book Drafting Contracts in Legal English written by Cynthia M. Adams and published by Aspen Publishers. This book was released on 2013-03-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in a deliberate and concise manner, devoid of United States colloquialisms, Drafting Contracts in Legal English: Cross-border Agreements Governed by U.S. Law is designed for classroom use as well as self-study. Teaching a strategic approach and sequential steps to drafting contracts, the text includes examples and exercises based on cross-border agreements such as distribution agreements, licensing, franchises and equipment leases. Special drafting issues in cross-border agreements are also considered: choice of language clauses, choice of forum clauses, indemnification provisions, force majeure clauses, counterpart clauses, international alternative dispute resolution clauses, and the choice to opt in or out of the CISG. By providing appropriate explanations of United States law, the text increases student comprehension as suggested drafting approaches are placed in legal context. This unique guide discusses the purpose of and provides drafting tips for contract parts, contract organization and formatting, basic contract provisions, letters of intent, and the craft of reviewing and revising contracts. End-of-chapter exercises test overall comprehension and apply drafting concepts presented in the chapter. To increase the non-native speakers lexical range, vocabulary is derived from a statistical analysis of thousands of authentic contracts. To help with contract sentence structures that are challenging for non-native speakers, syntax structures are based on comparison to databases with authentic contracts. A glossary of contract terms is based on frequency counts from thousands of authentic contracts and usage in text, contextualized and cross-referenced with most common collocations.
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 Separating Contract from Governance written by James, Jr. (Harvey S.) and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper contends that there is an important distinction between governance structure and contractual form, and that organizational boundaries, defined by governance structures, need not explain contractual form. The basic idea is that governance refers to the general environments and instruments that structure and "govern" specific terms of trade negotiated in "contracts." Problems of verifiability and observability of contractual performance are hypothesized to drive the differential effects on governance structure and contractual form. Spefically, transaction cost factors known to result in employment as a general governance structure do not automatically result in contracts characterized by the payment of fixed-wages. Instead, incentive pay and the delegation of decision-making authority to workers may be preferred by firm owners. The paper proposes that the relationship between a firm and a worker involves a two-part decision-making framework in which one choice is the type of governance that structures the second choice regarding the specific characteristics of the contract linking the worker to the firm.
Download or read book Comparative Contract Law written by Pier Giuseppe Monateri and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
Download or read book Global Production written by Pol Antràs and published by Princeton University Press. This book was released on 2020-10-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Production is the first book to provide a fully comprehensive overview of the complicated issues facing multinational companies and their global sourcing strategies. Few international trade transactions today are based on the exchange of finished goods; rather, the majority of transactions are dominated by sales of individual components and intermediary services. Many firms organize global production around offshoring parts, components, and services to producers in distant countries, and contracts are drawn up specific to the parties and distinct legal systems involved. Pol Antràs examines the contractual frictions that arise in the international system of production and how these frictions influence the world economy. Antràs discusses the inevitable complications that develop in contract negotiation and execution. He provides a unified framework that sheds light on the factors helping global firms determine production locations and other organizational choices. Antràs also implements a series of systematic empirical tests, based on recent data from the U.S. Customs and Census Offices, which demonstrate the relevance of contractual factors in global production decisions. Using an integrated approach, Global Production is an excellent resource for researchers, graduate students, and advanced undergraduates interested in the inner workings of international economics and trade.
Download or read book Problems in Contract Law written by Charles L. Knapp and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problems in Contract Law: Cases and Materials, by Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, Danielle K. Hart, and Joshua M. Silverstein, includes cases with notes and explanatory text, additional commentary, essay, and short-answer problems, and multiple-choice review questions for each chapter. The cases selected are a balance of traditional and contemporary that reflect the development and complexity of contract law. Explanatory notes and text place the classic and newer decisions in their larger legal context. Questions and problems provide opportunities to practice core legal skills and encourage students to explore the relationship between theory and practice. This successful book is well known for approaching contract law and theory from multiple perspectives and using a variety of contractual settings. Adaptable for instructors with different pedagogical philosophies, Problems in Contract Law can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the 10th Edition: Five new principal cases that reflect advances in or improved statements of contract law. One restored principal case (Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.) that provides valuable perspectives on a fundamental area of contract law. Twelve new problems, including several shorter problems, to provide more review options for teachers and students and to add contemporary fact patterns. Eight new tables and flow charts to assist students with the conceptual structure of complicated legal subjects. Editing of note and text material to reduce length without affecting coverage and to capture new legal developments. Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors greater flexibility in assigning or deleting comments. Student accessibility to deleted cases from prior editions through Casebook Connect, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference. Professors and students will benefit from: The authors’ emphasis on making the material accessible for both students taking and professors teaching the course - rejecting a hide-the-ball approach. The continued appeal to professors with various teaching methodologies: traditional, problem-oriented, theoretical, and practical. The comprehensive nature of the contents allows professors the flexibility to teach their students the basics or conduct a more in-depth analysis of a given topic. The continued mixture of classic and contemporary cases. Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.
Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Download or read book Creative Systems in Structural and Construction Engineering written by Amarjit Singh and published by Routledge. This book was released on 2017-11-22 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of creative systems in structural and construction engineering taken from conference proceedings. Topics covered range from construction methods, safety and quality to seismic response of structural elements and soils and pavement analysis.
Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018-03-30 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Download or read book Contracts written by Brian A. Blum and published by Aspen Publishers. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Brian A. Blum, highly regarded for both his strong writing ability and his skill in teaching first-year students, offers a clear, readable text to help the beginner master the difficult concepts and vocabulary of Contracts. Carefully designed to facilitate effective study, CONTRACTS: Examples and Explanations takes the practical three-step approach that characterizes this effective Series: -Thorough descriptions explore and explain the concepts under consideration -Examples gives students an opportunity to test their comprehension by applying the law to contemporary fact patterns -Explanations help them measure their mastery of the material and provide suggested answers and feedback. Subtle complexities of the law come into focus when students begin with straightforward examples and build their knowledge through progressively more difficult problems. Throughout the book, useful diagrams give students visual representations of important concepts to strengthen the textual explanations. Blum structures his book in a series of self-contained chapters on: -Consideration -Promissory Estoppel -Restitution -Offer and Acceptance -Interpretation and Construction -The Statute of Frauds And The Parole Evidence Rule -Judicial Regulation of Improper Bargaining and of Violation of Law and Public Policy -Incapacity -Mistake -Conditions -Breach of Contract -Remedies -Assignment, Delegation, and Third Party Beneficiaries This comprehensive coverage of all key topics allows students to consult the text for specific guidance. Table of Contents Preface Acknowledgements Chapter 1: The Meaning of 'Contract' And The Basic Attributes of the Contractual Relationship Chapter 2: Facets of the Law of Contract And The Source of Its Rules, Processes, and Traditions Chapter 3: The Doctrine of Precedent and a Contract Case Analysis Chapter 4: The Objective Test and Common Law Offer and Acceptance Chapter 5: Options and Firm Offers Chapter 6: Offer and Acceptance Under the UCC, And The 'Battle of the Forms' Chapter 7: Consideration Chapter 8: Promissory Estoppel as the Basis for Enforcing Promises Chapter 9: Restitution: Unjust Enrichment and ' Moral Obligation' Chapter 10: Interpretation and Construction: Resolving Meaning and Dealing with Uncertainty in Agreements Chapter 11: The Statute of Frauds Chapter 12: The Parol Evidence Rule Chapter 13: Judicial Regulation of Improper Bargaining and of Violations of Law and Public Policy Chapter 14: Incapacity Chapter 15: Mistake, Impracticability, and Frustration of Purpose Chapter 16: Conditions and Promises Chapter 17: Breach and Repudiation Chapter 18: Remedies for Breach of Contract Chapter 19: Assignment, Delegation, and Third-Party Beneficiaries Glossary Index
Download or read book Library of Congress Subject Headings written by Library of Congress and published by . This book was released on 2007 with total page 1512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Engine Structures written by and published by . This book was released on 1988 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Towards a Unified Theory of Procurement Contract Design written by Pamela Pen-Erh Pei and published by . This book was released on 2008 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: We present in this work a unified approach and provide the optimal solution to the pricing problem of option contracts for a supplier of an industrial good in the presence of spot trading. Specifically, our approach fully and jointly endogenizes the determination of three major characteristics in contract design, namely (i) Sales contracts versus options contracts; (ii) Flat fee versus volume- dependent contracts; and (iii) Volume discounts versus volume premia; combining them together with spot market trading decisions and also the option of delaying production for the seller. We build a model where a supplier of an industrial good transacts with a manufacturer who uses the supplier's product to produce an end good with an uncertain demand. We derive the general non-linear pricing solution for the contracts under information asymmetry of the buyer's production flexibility. We show that confirming industry observations, volume-dependent optimal sales contracts always demonstrate volume discounts (i.e., involve concave pricing). On the other hand the options contracts are more complex agreements, and optimal contracts for them can involve both volume discounts and volume premia. Further, we find that in the optimal contracts, there are three major pricing regimes. First, if the seller has a higher discount rate than the buyer and the production costs are lower than a critical threshold value, the optimal contract is a flat fee sales contract. Second, when the seller is less patient than the buyer but production costs are higher than the critical threshold, the optimal contract is a sales contract with volume discounts. Third, if the buyer has a higher discount rate than the seller, then the optimal contract is a volume-dependent options contract and can involve both volume discounts and volume premia. We further provide links between industry and spot market characteristics, contract characteristics and efficiency. Last, we look into an extension of our basic model, where we give an analysis for the case when the seller is given a last minute production option.
