Download or read book Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Download or read book Law as Performance written by Julie Stone Peters and published by Oxford University Press. This book was released on 2022-04-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.
Download or read book Law and Performance written by Austin Sarat and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined."--
Download or read book Law Informal Rules and Economic Performance written by Svetozar Pejovich and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book s larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change. Lee J. Alston, The Independent Review . . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101. Bernard Robertson, New Zealand Law Journal Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers. Ljubomir Madzar Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation s economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations. Henry G. Manne, George Mason University School of Law, US Written by one of the pioneers of modern property rights economics this book provides a most insightful, well readable and engaged discussion of the institutional foundations of the Western free enterprise system and the reason for its success, with a special emphasis on the differences between common law and civil law institutions. Readers will especially appreciate the many instructive examples and court cases that serve to illustrate the general argument. Viktor J. Vanberg, Universitaet Freiburg, Germany This is a must-read for anyone who wants to understand why Western capitalism has outperformed all other economic systems. Professor Pejovich explains how the institutions of capitalism, especially those based on common law, make for excellence, even in comparison with Western civil law countries. He presents a compelling theory of how systems evolve through the interactions of formal and informal institutions, an analysis that has deep significance for economic reform proposals throughout the world. John H. Moore, Grove City College, US There are many books on the virtues of capitalism and capitalism as a moral system. Steve Pejovich avoids that mistake. Capitalism, for him, is a system based on human behavior. It survives because it meets the needs that individuals face and provides opportunities that individuals are able to accept. Unlike the utopian visions that have competed against capitalism, it does not impose the vision of a
Download or read book Performance Requirements and Investment Incentives Under International Economic Law written by David Collins and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.
Download or read book Specific Performance in Contract Law written by J. M. Smits and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction / Daniel Haas, Geerte Hesen, Jan Smits -- Specific performance in Dutch law / Daniel Haas, Chris Jansen -- Specific performance in Belgian law / Patrick Wéry -- Specirif performance, a German perspective / Florian Faust, Wolker Wiese -- Specific implement in Scots law / Laura Masgregor -- Contractual derogation and the discretion to refuse an order for specific performance in South Africa / Gerhard Lubbe -- Specific performance in English consumer sales law / Vanessa Mak -- Certain aspects of the right of repair and replacement under EC directive 1999/44 and its implementation in Poland / Aneta Wiewiórwska-Domagalska -- Specific performance within the heirarchy of remedies in European contract law / Viola Heutger, Janwillem Oosterhuis -- Specific performance : procedural aspects in Dutch law / Anthonie W. Jongbloed -- Specific performance in summary proceedings : state of affairs according to Belgian law / Elke Swaenepoel -- The redress of a terminated contract in Belgian law / Flavie Vermander -- Enforcement of the duty to carry on negotiations :(should it be) a possibility in Europe or not? / Carlos Bollen -- Enforcement of side-letters . F. Willem Grosheide -- Specific performance : a historical perspective / Harry Dondort -- Is the system of contract remedied in the Netherlands efficient from a law and economics perspective? / Geerte Hesen, Robert Hardy -- Do economic analysis and fairness influence the right to performancs in ways contrary to one another? / Gerard de Vries.
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 Performance Requirement Prohibitions in International Investment Law written by Alexandre Genest and published by BRILL. This book was released on 2019-09-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.
Download or read book Legal Strategies written by Antoine Masson and published by Springer Science & Business Media. This book was released on 2009-12-12 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm’s business and economic agendas.
Download or read book Regulating Public Utility Performance written by Scott Hempling and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organizing a century of legal principles to help the U.S. public utility industry resolve tensions created by the current legal boundaries of legal regulation and fashion new policies for the future. Its mix of case narratives and doctrine, drawn from all legal sources, is geared to lawyers and non-lawyers, veterans and novices, practitioners and decision-makers, academics and the media--anyone seeking to use the law to serve the public interest. Topics covered include market structure, pricing, and jurisdictional issues.
Download or read book The Performance of Law written by Randy Gordon and published by Taylor & Francis. This book was released on 2022-08-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how law is always enacted, or performed, in ways that can be analyzed in relation to fiction, theatre, and other dramatic forms. Of necessity, lawyers and judges need to devise techniques to make rules respond situationally. The performance of law supplements, or it extends the reach of, the law-as-written. And, in this respect, the act of lawyering is in many ways an instantiation of acts often associated with, for example, literature and the plastic and performing arts. Combining legal theory and legal practice, this book maintains that the modes of enquiry found in, and applied to, novels, paintings, and plays can help us understand how things like legal arguments and trials work—or don’t. As such, and through the examination of a wide range of both historical and fictional legal cases, the book pursues an interdisciplinary analysis of how law is performed; and, moreover, how legal performances can be accomplished ethically. This book will appeal to scholars and students in sociolegal studies, legal theory, and jurisprudence, as well as those teaching and training in legal practice.
Download or read book Delay in the Performance of Contractual Obligations written by John E. Stannard and published by Oxford University Press, USA. This book was released on 2018-02-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delay in the Performance of Contractual Obligations remains the leading practitioner work on the subject and includes consideration of variations in practice in different sectors. There are many new cases reflected in this new edition. Those of particular relevance to delay in the House of Lords, Supreme Court and Privy Council include Sentinel International Ltd v Cordes (2008) on notices making time of the essence, The Achilleas (2007) on remoteness of damage, The New Flamenco (2017) on mitigation, Sempra Metals Ltd v Inland Revenue Commissioners (2007) on the award of interest on damages, White v Riverside Housing Association Ltd (2007) on rent review, and Makdessi v Cavendish Square Holdings BV (2015) on the penalty doctrine. Those in the Court of Appeal include British Overseas Bank Nominees Ltd v Analytical Properties Ltd (2015) on conditions precedent and the order of performance, The Arctic III (2016) on indemnity clauses, The Crudesky (2013) on force majeure clauses and demurrage, North Eastern Properties Ltd v Coleman (2010) and Samarenko v Dawn Hill House Ltd (2011) on notices making time of the essence, Siemens Building Technologies FE Ltd v Supershield Ltd (2010) and John Grimes Partnership Ltd v Gubbins (2012) on remoteness of damage, Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (2016) on the late payment of charterparty hire, Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd (2013), Urban 1 (Blonk St) v Ayres (2013) and MSC Mediterranean Shipping Co v Cottonex Anstalt (2016) on delay as a repudiatory breach, and The Sea Angel (2007) and The Mary Nour (2008) on the doctrine of frustration. The growing trend towards reliance upon the so-called prevention principle is also treated with particular reference to Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (2007), Adyard Abu Dhabi LLC v SD Marine Services (2011), and Jerram Falkus Construction Ltd v Fenice Investments Inc (2011). The book also discusses the implications of the Consumer Rights Act 2015 on delays in performance. A new chapter has been included in this edition in relation to express contractual provisions dealing with issues of delay, with special reference to construction contracts, charter parties and contracts for the sale of land.
Download or read book The Performance of Contracts written by George Purcell Costigan and published by . This book was released on 1911 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impossibility of Performance written by Roy Granville McElroy and published by . This book was released on 1941 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Performance of Contracts written by George P. Costigan and published by . This book was released on 2015-07-12 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Performance of Contracts: A Summary of Conditions in Contracts and Impossibility of Performance This is a revision and enlargement of an article on Conditions in Contracts which appeared in the Columbia Law Review for March, 1907. That article was written for the purpose of assisting students to understand a troublesome part of the law of Contracts and has served that purpose well enough to make a revision desirable. In the revision various new paragraphs or "rules" on conditions in contracts have been added, and the subject of impossibility of performance has been covered, necessitating a new title. The inaccuracies found in the original article have been corrected and some matters that seemed obscure have been explained more fully. Only a brief summary of the law relating to the performance of contracts, with the minimum of citation of authorities, has been attempted. The specific performance of contracts is not included. The summary is intended to be serviceable to those only who read with care the important cases. The references to 1 W. and 2 W. are to the designated volumes of Williston's Cases on Contracts. For further explanation of this summary, the reader is referred to Note 1, post. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Law and Performance written by Austin Sarat and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined."--
Download or read book A Treatise on the Specific Performance of Contracts Including Those of Public Companies written by Sir Edward Fry and published by . This book was released on 1858 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:
