Download or read book The Function of Indemnity Clauses in the Context of Brian Coote s The Essence of Contract Theory written by Akinwale A. Awe and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indemnity clause is not an exclusion clause. The difference is not only academic but also relevant to commerce. As the indemnity becomes a more common feature in high risk and high value contracting, certainty of its meaning is all too important. Where an indemnity is misconstrued as an exclusion of liability, the latter a duty defining clause, this could have an effect on the insurance arrangements between the parties ultimately making the venture uneconomical for one or both of the parties. The certainty of a contractual term enhances its effectiveness and consequently reduces the economic transaction costs of its inclusion. Thus, parties can focus on the first stage of Posner's transaction cost theory - 'negotiations and drafting' enhancing the utility of contract law.
Download or read book Contract as Assumption written by Brian Coote and published by Hart Publishing. This book was released on 2010-04-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author's previously published writings on the often misunderstood topics of contractual obligation and liability are assembled.
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 Not Paul But Jesus written by Jeremy Bentham and published by . This book was released on 1823 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contractual Estoppel written by Alexander Trukhtanov and published by Taylor & Francis. This book was released on 2022-03-29 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Download or read book The New Engineering Contract written by Arthur McInnis and published by Thomas Telford. This book was released on 2001 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the New Engineering Contract (NEC) encourages a systematic approach to contracting which is multidisciplinary in nature and fully interlocked in form. The NEC is intended by its supporters to be more flexible and easier to use than any current leading traditional standard forms of contract. It is believed that these features reduce adversariality and disputes. The NEC seeks to achieve this aim primarily through co-operative management techniques and incentives built into the NEC's procedures. This commentary analyses and evaluates these and related claims of innovation. The New Engineering Contract: A legal commentary examines the background to the NEC, its design objectives, structure, procedures and likely judicial interpretation to determine whether it improves upon the traditional standard forms of contract. Special attention is given in the commentary to the development and the significance of the principles underlying preparation of the NEC as well as the arguments in favour of and against them.Throughout the detailed commentary upon the NEC clauses comparisons to the traditional forms are also made to highlight unique features and principles of general application. The conclusion reached is that the NEC does make a significant contribution to the development of standard forms of contract, addresses many of their short comings and offers one of the best models for their future development, direction and design. The commentary draws upon the body of the project management literature and legal analysis to support its conclusions. The New Engineering Contract: A legal commentary will be essential reading for lawyers, barristers and solicitors, as well as engineers and project managers.
Download or read book Modern Legal Drafting written by Peter Butt and published by Cambridge University Press. This book was released on 2006-10-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.
Download or read book The Story of the Earth and Man written by Sir John William Dawson and published by New York : Harper. This book was released on 1874 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Contractual Interpretation written by Richard Calnan and published by OUP Oxford. This book was released on 2013-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book The Story of the British Army written by Charles Cooper King and published by Methuen. 1897.. This book was released on 1897 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Films of Carol Reed written by Robert F. Moss and published by Columbia University Press. This book was released on 1987 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once enthroned as a major international filmmaker, Carol Reed has long since been banished to a musty corner of movie history. To dust off his work, however, is to discover a dazzling body of films, a canon as remarkable for its diversity as its quality. Building his case, film by film, Robert Moss argues persuasively for a reassessment of this gifted artist, claiming a place for him in the ranks of the world's greatest directors.
Download or read book The life of William Carey written by George Smith and published by . This book was released on 1885 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Special Corps written by Arthur Percy Coleman and published by . This book was released on 1999 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Challenge of Public private Partnerships written by Graeme A. Hodge and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Análise comparativa sobre parceria público privada e contrato de serviço social nos seguintes locais: Reino Unido, Estados Unidos, Suécia, Dinamarca, Alemanha, Austrália, Ásia.
Download or read book God s Englishman written by Christopher Hill and published by Hachette UK. This book was released on 2019-08-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic, bestselling biography of one of the most controversial figures in British history from 'One of the finest historians of the age' The Times Literary Supplement From Fenland farmer and humble backbencher to stalwart of the good old cause and the New Model Army, Oliver Cromwell became the key figure of the Commonwealth, and ultimately Lord Protector. In this fascinating and insightful biography, Christopher Hill reveals Cromwell's life from his beginnings in Huntingdonshire to his brutal end. Hill brings all his considerable knowledge of the period to bear on the relationships God's Englishman had with God and England, giving an unprecedented insight vital to understanding Cromwell.
Download or read book Contract written by Jeannie Marie Paterson and published by Lawbook Company. This book was released on 2009 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTRACT: CASES AND MATERIALS 11th Edition provides students with essential resources for studying contract law in Australia. Contemporary cases which continue to shape contract law have been included in this new edition, while historically important cases have been retained to ensure students have a full picture of the law of contract as it stands today. Appendix: The Trade Practices Act 1974 (Cth).
