Download or read book Contractual Penalties in Australia and the United Kingdom written by Nicholas Tiverios and published by . This book was released on 2019-09-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Penalties and Forfeiture written by C. J. Rossiter and published by Lawbook Company. This book was released on 1992 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review tracing the changes that have modified classical contract doctrine, as evolved in the 19th century, and describing the increasingly complex principles governing relief against forfeiture and judicial control over penalties. Tables of cases and statutes, a bibliography and an index are included. The author is an associate professor of law at the University of NSW.
Download or read book Liquidated Damages and Penalty Clauses written by Roger Halson and published by Oxford University Press, USA. This book was released on 2018-03-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This, the only book in print to focus on liquidated damages and penalty clauses, analyses the common law jurisdiction to control stipulated damages clauses, and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part examines the historical origin of the control of these clauses, the second describes the current control of such clauses and their legal effect, the third critically examines the various rationales that have been proposed to justify their regulation and the final part describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule. The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings.
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 Excessive Contractual Penalties in Football written by Despina Mavromati and published by . This book was released on 2016 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is common to have a penalty clause inserted in a football-related contract (e.g. a player-transfer contract) in case of non-compliance with its terms. Due to the fact that contractual penalties are not explicitly regulated in the FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law applies very often for the interpretation of such penalty clauses. Numerous arbitral awards of the Court of Arbitration for Sport (CAS) have dealt with this issue (in most cases in appeals against decisions rendered by the FIFA Player Status Committee, PSC but also the FIFA Dispute Resolution Chamber, DRC), and the CAS panels are called to determine whether a penalty is excessive and reduce it accordingly. Notwithstanding the case-specific character of contractual penalties, the present paper examines a) how penalty clauses are generally treated under Swiss law, b) what are the conditions in order to consider a contractual penalty as being excessive c) what are the criteria to employ in order to reduce an excessive penalty clause under CAS case law and d) what are the limits of control by the Swiss Federal Tribunal (SFT) and e) by foreign jurisdictions that are called to enforce CAS awards.
Download or read book Federal Contract Compliance Manual written by United States. Office of Federal Contract Compliance Programs and published by . This book was released on 1990 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Some Findings on Contractual Penalties written by Juergen Noll and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is quite a debate between legal scholars from the Civil and Common Law systems on whether conventional penalties should be enforced. In this contribution I use an easy economic model to predict some effect of such clauses and present the results from an experimental survey. It shows that the predictions made by the model resemble the empirical outcomes quite well. The main results are that conventional penalties make goods more expensive but can be used to restore the willingness to pay of consumers which would drop significantly in the face of potential harm. Therefore such penalty clauses reflect an inter party risk allocation and serve both parties leading to the conclusion that enforcement is necessary.
Download or read book Contract Management written by Alain Brunet and published by Springer Nature. This book was released on 2021-07-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.
Download or read book Optimal Penalties in Contracts written by Aaron S. Edlin and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law's liquidated damage rules prevent enforcement of contractual damage measures that require the promisor, if it breaches, to transfer to the promisee a sum that exceeds the net gain the promisee expected to make from performance; but these rules permit the promisor to transfer less than the promisee's expectation. We define a contractual damage multiplier as any number between zero and infinity by which the promisee's expected gain - its expectation interest - is multiplied. Multipliers of one or less thus comply with the liquidated damage rules while multipliers that exceed one do not; the high multipliers are unenforceable penalties. This paper shows that multipliers of any size can be efficient or inefficient, depending on the parties' purposes in creating them. For example, a multiplier that exceeds one will decrease welfare if used by a seller with market power to deter entry, but will increase welfare if used by parties to induce efficient relation specific investment. As a consequence, a court should inquire, not into the size of the multiplier, but into the purpose the multiplier serves for the parties. The practical implication of this view is that it no longer should be a sufficient defense to an action to enforce a contractual damage measure that the parties' multiplier exceeded one.
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Download or read book Liquidated Damages and Contractual Penalties written by Christian Lenz and published by . This book was released on 1986 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liquidated Damages and Penalties written by Law Reform Commission of Victoria 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 Agreed Sums Payable Upon Breach of an Obligation written by Pascal Hachem and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unique in its breadth, this book undertakes a comparative analysis of the ways in which legal systems in all regions of the world deal with agreed sums payable upon breach of an obligation. The book shows divergences and convergences and indicates trends as to the future development of the law. It also deals with the treatment of agreed sums under the 1980 UN Convention on Contracts for the International Sale of Goods (CISG), offering the first comprehensive solution to this issue based on comparative analysis. For practitioners as well as researchers, this book is a valuable source of information and offers suggestions for solutions to current and future issues.
Download or read book Penalty Clauses and Forfeiture of Monies Paid written by Great Britain. Law Commission and published by . This book was released on 1977 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Continuing Contractual Conundrums written by Lee Aitken and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of a contractual relationship produces its own peculiar legal difficulties for the 'innocent' party. Modern cases demonstrate the continuing importance of the distinction between 'dependent' and 'independent' covenants in assessing the consequences of a breach of contract, and what must be proved by the 'innocent' party. In Melbourne Stadiums v Sautner (2015) a Full Federal Court of five judges has examined the difficult position where the 'innocent' party seeks to rely upon a sound reason for termination of which it was previously unaware. The 'doctrine' in White & Carter (Councils) continues to be relevant in determining whether to compel the 'innocent' party to accept a price, rather than damages, for breach. Finally, the doctrine of penalties, and 'good faith' seem to be expanding in the case-law and thereby limiting the remedies available to the 'innocent' party.
Download or read book Incentive Contracts Optimal Penalties and Enforcement written by Joshua S. Gans and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper re-examines the literature on optimal penalties and the allocation of resources to enforcement from the viewpoint of incentive theory. It is assumed that an agent might perform a socially harmful act. In contrast to previous analyses, the agent might also perform profit-enhancing actions for the principal. The principal cannot distinguish between the good and harmful acts, but can set incentives based on observed profits. When the agent is wealth constrained, it is demonstrated that it is optimal to hold the principal liable for the agent's actions and to set the optimal penalty equal to expected harm caused. This is because the imposition of high penalty levels causes the principal to dilute incentives for the agent, resulting in a reduction in productivity. The same logic also means that it is optimal to devote some resources to enforcement and to impose penalties on both principal and agent if that is feasible.
