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Book Termination of Construction and Design Contracts

Download or read book Termination of Construction and Design Contracts written by Michael T. Callahan and published by Wolters Kluwer. This book was released on 2009-01-01 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand’s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand’ respected Construction Red Book Series, youand’ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and—and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand’s, ownerand’s, and designerand’s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties

Book Contract Formation

Download or read book Contract Formation written by Michael Furmston and published by Oxford University Press, USA. This book was released on 2010-03-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.

Book Termination for Breach of Contract

Download or read book Termination for Breach of Contract written by John E. Stannard and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and detailed treatment of termination as a remedy for breach of contract, this book gives a current account of the law and explains this complex area in a practical context. The book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. Breach is defined in terms of a failure, without good excuse, to perform an obligation under the contract, and the various aspects of this definition are explained in the light of the relevant authorities. In the following chapter in the section, termination is defined in terms of an election by the promisee, in consequence of a breach by the promisor, to claim discharge from his or her own primary obligations under the contract. This process, which can also be seen as a major contractual remedy in its own right, is distinguished from other processes with which it has a close relationship, most notably the right to withhold performance and discharge under the doctrine of frustration. The third section addresses the question when the right to terminate for breach arises. The law gives two answers to this question - when the term broken is classified as a 'condition' or when a 'fundamental' breach has occurred. The nature of a 'condition' in this sense is explained, and the criteria for identifying when a term should be classified as such is set out. Similarly, the criteria for identifying a fundamental breach is discussed, as is the difficult relationship between the concepts of fundamental breach and repudiation and the doctrine of anticipatory breach. The fourth and final section considers the consequences of the promisee's election whether to terminate or not. In this section the legal effects of termination with regard to the obligations and remedies available to the promisee and the promisor, and also its effect on the application of other terms in the contract such as exemption clauses, are analysed. The measure of damages available to the promisee following termination, most notably damages 'on the footing of repudiation' or damages for 'loss of the bargain' is also considered here alongside other general principles governing damages in this context. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

Book Chinese Contract Law   Theory   Practice  Second Edition

Download or read book Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.

Book The Law of Contract  Termination

Download or read book The Law of Contract Termination written by Derek Roebuck and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Contract Termination in International and Domestic Trade

Download or read book Contract Termination in International and Domestic Trade written by Bashayer Al-Mukhaizeem and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book highlights the right to terminate the contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade. In the modern landscape of globalised trade, the imperative for a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood, and abided by globally. This book focuses on the termination of contracts; one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches of the seller, dealt with in this book, are confined to breaches of: contractual description, delivery time, and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating the contractual termination by CISG, as a transnational law, as well as the Sale of Goods Act 1979 (SGA), and Kuwaiti Law (KLaw), both of which are national laws of Non-Contracting States of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find out the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing up the pros and cons of each system. The book will be of interest to practitioners, students, and scholars in the field of contract law, trade law, commercial law and international law"--

Book Termination of Contracts

    Book Details:
  • Author : John Birds
  • Publisher : John Wiley & Sons Incorporated
  • Release : 1995
  • ISBN : 9780471943020
  • Pages : 275 pages

Download or read book Termination of Contracts written by John Birds and published by John Wiley & Sons Incorporated. This book was released on 1995 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Contractual Duties

    Book Details:
  • Author : Andrew Tettenborn
  • Publisher :
  • Release : 2012
  • ISBN : 9780414025561
  • Pages : 760 pages

Download or read book Contractual Duties written by Andrew Tettenborn and published by . This book was released on 2012 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down.

Book A Treatise on the Rescission of Contracts and Cancellation of Written Instruments

Download or read book A Treatise on the Rescission of Contracts and Cancellation of Written Instruments written by Henry Campbell Black and published by . This book was released on 1916 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A History of War Contract Terminations and Settlements

Download or read book A History of War Contract Terminations and Settlements written by United States. Office of Contract Settlement and published by . This book was released on 1947 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Contract Termination in International and Domestic Trade

Download or read book Contract Termination in International and Domestic Trade written by Bashayer Al-Mukhaizeem and published by Taylor & Francis. This book was released on 2024-09-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the right to terminate a contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade. In the modern landscape of globalised trade, the imperative of a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood and abided by globally. This book focuses on the termination of contracts, one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches by the seller dealt in this book are confined to breaches of contractual description, delivery time and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating contractual termination by CISG as a transnational law, as well as the Sale of Goods Act 1979 (SGA) and Kuwaiti law (KLaw), both of which are national laws of non-contracting states of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing the pros and cons of each system. The book will be of interest to practitioners, students, and scholars in the fields of contract law, trade law, commercial law and international law.

Book Contract Termination in International and Domestic Trade

Download or read book Contract Termination in International and Domestic Trade written by Bashayer Al-Mukhaizeem and published by Routledge. This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the right to terminate the contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade. It will be of interest to practitioners, students, and scholars in the field of contract law, trade law, commercial law and international law.

Book The Law of Termination of Employment

Download or read book The Law of Termination of Employment written by R. V. Upex and published by Jordan Publishing (GB). This book was released on 2001 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Termination of Employment, now in its sixth edition, is a well-established and authoritative analysis of the rules governing termination of employment. It considers the main causes of action available to employees whose employment is terminated, and presents the law and the relevant issues in a way that will be of real value to those practising in the field. The Law of Termination of Employment provides comprehensive coverage of the applicable statutory and common law regimes, as well as the major procedural considerations. It also deals with problems beyond termination of employment such as competition from ex-employees, and numerous examples of worked redundancy calculations illustrate how the law operates in practice. With over 500 pages of unrivalled guidance on the law of termination of employment, Professor Upex's definitive work is essential reading for all employment lawyers and human resources personnel who require a detailed knowledge of this complicated area of law. Substantially revised and updated, the sixth edition includes: Changes brought about by the Employment Relations Act 1999 and other recent legislation New categories of automatically unfair dismissal Introduction of the right of workers to be accompanied at a grievance or disciplinary hearing, together with a right not to be dismissed for exercising that right Increases in the type of dismissal for which the remedy of interim relief is available Changes to the rules relating to compensation for unfair dismissal Removal of the time limit on the compensatory award in cases of dismissal in health and safety cases and dismissals for whistleblowing Important new cases decided in the European Court of Justice Allen v Amalgamated Construction Co Ltd, Francisco Hernandez Vidal SA v Gomez Perez and Oy Liikennen AB v Liskojorvi and Juntunen on the Acquired Rights Directive Major House of Lords decisions Carmichael v National Power plc on casual workers Murray v Foyle Meats Ltd on the meaning of redundancy Johnson v Unisys Ltd on injury to feelings in wrongful dismissal cases Important Court of Appeal decisions, including Secretary of State for Trade and Industry v Bottrill and Sellars Arenascene Ltd v Connolly on the circumstances in which directors or sole shareholders may be employees Montgomery v Johnson Underwood Ltd on agency workers ECM (Vehicle Delivery Service) Ltd v Cox and ADI (UK) Ltd v Willer in the Transfer of Undertakings Regulations Foley v Post Office on the test of fairness in unfair dismissal cases, following on from the EAT decision in Haddon v van den Bergh Foods Ltd Cerberus Software Ltd v Rowley and other cases involving PILON (pay in lieu of notice) clauses OTHER BOOKS OF INTEREST Disability Discrimination Claims: An Adviser's Handbook Disability Discrimination: Law and Practice

Book Preliminary Report on Contract Termination Legislation

Download or read book Preliminary Report on Contract Termination Legislation written by United States. Congress. Senate. Committee on Military Affairs and published by . This book was released on 1943 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Contract Change  Dispute and Termination Mastering the Fundamentals

Download or read book Contract Change Dispute and Termination Mastering the Fundamentals written by John Cibinic (Jr.) and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "NCMA, National Contract Management Association"--Front cover.

Book The Civil Code of the People   s Republic of China

Download or read book The Civil Code of the People s Republic of China written by Durham Law School and published by BRILL. This book was released on 2021-10-18 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.

Book New York Contract Law

Download or read book New York Contract Law written by Glen Banks and published by . This book was released on 2014 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: