Download or read book Quo vadis Commercial Contract written by Mads Andenas and published by Springer Nature. This book was released on 2023-03-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.
Download or read book Commercial Contract Law and Arbitration written by Mads Andenas and published by Taylor & Francis. This book was released on 2024-04-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.
Download or read book Commercial Contract Clauses written by Joshua Andrew Thomson and published by . This book was released on 2012 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Commercial Contract Clauses is designed to provide guidance on how to construe and interpret a range of clauses in commercial contracts."--Provided by publisher.
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 Commercial Contracts written by Vladimir R. Rossman and published by Wolters Kluwer. This book was released on 2012-12-17 with total page 2506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more
Download or read book Commercial Contracts written by Chris Thorpe and published by Elsevier. This book was released on 1996-07-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to explain the principles of contract law for the businessman, and to put those principles into their commercial context. Anyone involved in commercial transactions needs at least a basic understanding of the principles of contract law – the legal framework for all commercial activity. A lack of such a basic understanding at best results in a business which is less competitive and ultimately less profitable than it should be, and at worst can have expensive and sometimes disastrous commercial consequences.
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by . This book was released on 2013 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative look at the law of commercial contracts as constructed by the US and UK legal systems.
Download or read book Understanding and Negotiating Commercial Contracts written by Aditya Tripathi and published by Notion Press. This book was released on 2022-03-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: “If cash is the bloodline, contracts are the veins for business through which this blood flows.” Commercial business contracts sometimes are a mirage for legal professionals and more so for law students and other professionals. They are the main source of value creation or destruction for any organization. This book offers guidance to understand and navigate through all topics in a commercial B2B contract and enable the readers to negotiate and draft better commercial contracts so that contracts became a source of value generation and lasting business relationship because “strong boundary walls make neighbours gel better and longer”. If you are worried that your contracts may have “landmines” that could affect your business and margins and you wanted to use commercial contracts as a tool for value generation, then this book is for you. This book helps you avoid the “landmines” and create or spot “goldmines” in commercial contracts. The book is written and designed in a non-legal vocabulary so that both legal and non-legal professionals can use this book and extract the benefits of efficient commercial contracts.
Download or read book Commercial Contracts written by Saleem Sheikh and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by . This book was released on 2013 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition"--
Download or read book Contents of Commercial Contracts written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
Download or read book Drafting and Negotiating Commercial Contracts written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2023-02-13 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Download or read book The Managers Guide to Understanding Commercial Contract Negotiation written by Frank Adoranti and published by Global Professional Publishi. This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: * Examples are given from "real-life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms You've been involved in weeks, or sometimes even months, of hard-fought negotiations. However, the deal is not done until it is written up--not until the final form of contract is agreed upon and executed. You have to have a basic understanding of commercial contracts and all their ramifications every step of the way. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.
Download or read book Routledge Handbook of Private Law and Sustainability written by Marta Santos Silva and published by Taylor & Francis. This book was released on 2024-06-05 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.
Download or read book ART OF DRAFTING THE COMMERCIAL CONTRACT written by BARRY D. LIPSON and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracts and Commercial Transactions written by David Zarfes and published by Aspen Publishing. This book was released on 2014-10-30 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to the call to place more emphasis on practical skills, Contracts and Commercial Transactions is a groundbreaking text that immerses the reader in real agreements made between sophisticated parties--so the reader can develop the ability to read, understand, and draft contracts effectively. Drawing upon their collective experiences in the classroom and the boardroom as well as in law-firm and in-house practice, authors David Zarfes and Michael L. Bloom, in Contracts and Commercial Transactions, explore actual agreements between sophisticated parties. Along the way, they teach the reader to read and understand contracts, with an emphasis on how a decision maker--be it a judge, arbitrator, corporate executive, or senior partner--might later understand those same contracts. Contracts and Commercial Transactions features: Actual agreements, formatted as whole documents, that support the exercise of contract reading and analysis Insight and advice from expert practitioners, from law firms such as Sidley Austin and Simpson Thacher and companies such as Microsoft and JPMorgan Chase , that emphasize the realities of legal practice from the perspective of "real-world" lawyers Explanations and analysis from esteemed academics, at law schools such as Chicago and NYU, that explain the nuances of legal matters that pertain to contractual documents Focus points that preface each contract highlight key aspects of the document Methodical and repeated exposure to provisions that teach the reader to recognize and understand contractual concepts A consistent emphasis on the "building block" provisions typically found in contracts Drafting tips integrated throughout the book
Download or read book Commercial Agency Franchise and Distribution Contracts written by Martijn W. Hesselink and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.
