Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book The Theory of Promissory Estoppel written by Melvin L. Greenhut and published by . This book was released on 1947 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Doctrine of Promissory Estoppel written by L.K. Sharma and published by Deep and Deep Publications. This book was released on 1994 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Promissory Estoppel Theory and Practice written by Mohamed Yehia Mattar and published by . This book was released on 1986 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Estoppel by Conduct and Election written by K. R. Handley and published by . This book was released on 2013 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Developing Doctrine of Promissory Estoppel written by Benjamin Franklin Boyer and published by . This book was released on 1941 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Estoppel written by Michael Barnes KC and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains within a single book an account of all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election. There can be few practitioners who do not at some time have to engage with estoppel. Estoppel applies across all, or nearly all, English civil law. In explaining each form of estoppel an attempt is made to state the main elements which have to be proved to establish the estoppel and then to detail each element with its various components. At the end of each chapter a brief summary of the estoppel is included so as to guide practitioners and others to any question important in any particular case. The law of estoppel has considerably advanced over recent decades, and over the last 10 years alone there have been major changes, such as the clarification of the previously uncertain boundaries of proprietary estoppel, a statement of the exceptions to the principles of res iudicata, and the extension law as well as of fact. These and other subjects are explained in full.
Download or read book The Law of Waiver Variation and Estoppel written by Sean Wilken and published by OUP Oxford. This book was released on 2012-02-02 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.
Download or read book The Dignity of Commerce written by Nathan Oman and published by University of Chicago Press. This book was released on 2016 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.
Download or read book Frustration and supervening impossibility The doctrines of consideration and promissary estoppel written by Jenny Walther and published by GRIN Verlag. This book was released on 2005-04-24 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.
Download or read book Promissory Estoppel written by Benjamin Franklin Boyer and published by . This book was released on 1950* with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pre contractual Rights and Remedies written by D. Y. K. Fung and published by . This book was released on 1999 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a study of the different juristic approaches to the problems arising out of claims resulting from failed pre-contractual negotiations. The main approaches in this matter have been the law of restitution and promissory estoppel. Breaking a new ground in this area of the law, the book offers a theory, comprising a marriage of common elements called the benefit-reliance approach to restitution.
Download or read book The Law of Estoppel written by Michael Barnes QC and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction -- (A) The Legal and Moral Basis of Estoppel -- (B) The Forms of Estoppel and the Doctrine of Election -- (C) The Nature and Characteristics of Estoppel -- (D) General Factors Common to Estoppels -- (E) General Questions of Principle Regarding Estoppel -- (F) Terminology -- (G) The Historical Basis of Estoppel -- (H) The Structure of the Book -- 2. General Questions Relating to Estoppel -- (A) Introduction -- (B) Sword or Shield -- (C) Evidence or Substantive Law -- (D) Public Law -- (E) Estoppel and Jurisdiction -- (F) Estoppel: Conflict with Statutory Provisions and Other Rules of Law -- (G) A Uniform Doctrine -- (H) Waiver -- (I) Estoppel and Third Parties -- 3. Estoppel by Representation -- (A) Introduction -- (B) The Essential Elements of the Estoppel -- (C) The Representation -- (D) The Intention of the Representor -- (E) Injustice or Unconscionability: Its Components of Reliance and Detriment -- (F) The Effect of the Estoppel -- (G) Contractual Estoppel -- 4. Estoppel by Deed -- (A) Introduction -- (B) Deeds -- (C) The First Aspect of Estoppel by Deed: Its Essential Requirements -- (D) The Second Aspect of Estoppel by Deed: Interests in Land Created -- (E) Summary -- 5. Estoppel by Convention -- (A) The Nature and Basis of the Estoppel -- (B) The Development of the Estoppel -- (C) The Main Elements of the Estoppel -- (D) The First Element: Assumed State of Fact or Law -- (E) The Second Element: A Shared Assumption -- (F) The Third Element: Injustice or Unconscionability -- (G) The Effect of the Estoppel -- (H) Summary -- 6. Promissory Estoppel -- (A) The Principle and its Development -- (B) The Essential Elements of the Estoppel -- (C) The Place of Promissory Estoppel in the Law -- (D) Permanent or Suspensory Effect -- (E) A Clear Promise -- (F) Rights under an Existing Transaction -- (G) Injustice or Unconscionability -- (H) Summary -- 7. Proprietary Estoppel -- (A) Introduction -- (B) The Nature and Status of the Principle -- (C) The Essential Elements of the Estoppel -- (D) The First Element: The Assurance -- (E) The Second Element: Reliance -- (F) The Third Element: Detriment -- (G) The Fourth Element: Unconscionability -- (H) Property Other Than Land -- (I) Form of Relief or Remedy -- (J) Summary -- 8. Election -- (A) Introduction -- (B) Equitable Election -- (C) Common Law Election -- (D) Summary -- 9. Estoppel by Record -- (A) Introduction -- (B) Judgments -- (C) Cause of Action Estoppel -- (D) Issue Estoppel -- (E) Parties and Privies -- (F) Particular Areas of Law -- (G) Courts and Tribunals -- (H) Foreign Judgments -- (I) Exceptions -- (J) The Rule in Henderson v Henderson -- (K) Summary.
Download or read book The Double Soul of Promissory Estoppel A Comparative View written by Paolo Pardolesi and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contrast between pre-contractual discipline at common and civil law represents, for the comparative scholar, a conceptual challenge that deserves to be harvested. Trying to formulate common principles capable of overcoming national laws, the European side seems to lean towards a cautious recognition of the binding nature of unilateral promise. Both the Draft Common Frame of Reference and the Principles of European Contract Law accept unilateral promises or undertakings as effective if they are "intended to be legally binding without acceptance". This feature may derive not only from the agreement between the parties but also from the mere willingness to assume a legal obligation, in the absence of any paradigm of reciprocal commitment. At first glance, an approach of this kind would seem to mark a break in continuity in civil law systems, which are focused on bilateral nature of the project of autonomy, as compared to common law systems based on the requisite of consideration. However, when looking deeper into the legal fabric developed in common law systems, one can find an instrument (promissory estoppel) which, in the course of its evolution, has progressively shown a predisposition to assume the role as an equivalent or even as a substitute to consideration. On this basis, promissory estoppel is not only the legal principle charged with the task of smoothing out the rigidity of the doctrine of consideration, but it also creates some kind of functional connection to the European culpa in contrahendo. Accordingly, the comparative analysis will be articulated at both the bargaining level and pre-contractual levels discounting that the elements of the two contexts may be largely overlapping in some cases, but not at all in others. The counterintuitive possibility of identifying the unilateral promise as a bargaining configuration (which revolves around the idea that the promisor wants to stress the seriousness of the commitment) or as an essential requirement of pre-contractual obligation (which it is closely linked to the desire to protect the expectation created in the promisee) requires some crucial theoretical articulations to be reconsidered.
Download or read book Spencer Bower Reliance Based Estoppel written by Piers Feltham and published by Bloomsbury Publishing. This book was released on 2017-03-02 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Download or read book The Unfulfilled Promise of Promissory Estoppel in the Employment Setting written by Robert A. Hillman and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the theory of promissory estoppel enforces promises that induce reasonable detrimental reliance, this article reveals the theory's colossal failure in the non-union employment setting. This conclusion is based on an examination of all of the reported decisions in the United States that discussed promissory estoppel over a two-year period in the mid 1990's. During this period, employees won only 4.23 percent of employment promissory estoppel cases decided on the merits. At first blush, this is very surprising because employers, through their communications, seek to create the expectation of a stable, secure work environment and employees, because of their lack of job security and material and psychological investments in their jobs, often rely on these messages. The article sets forth and explains several reasons for the failure of promissory estoppel in employment cases. First, many employees' promissory estoppel claims appear to constitute secondary theories tacked on to lawsuits that focus on other theories. Second, in the 1990's, employees (and their lawyers) have failed to detect an increasing judicial preference for written contracts as the principal basis for promise enforcement. Third, compounding the effect of this shift in judicial strategy, courts appear especially reluctant to grant employee promissory estoppel claims in the shadow of the at-will employment rule. As a result of the latter two factors, courts may have been too quick to dismiss a substantial number of meritorious promissory estoppel claims. Promissory estoppel therefore has failed to fulfill its promise to afford non-union employees greater legal protection in the workplace.
Download or read book Promissory Estoppel and the Protection of Reliance in Common Law and Civil Law Systems written by Gabrièle Dara and published by . This book was released on 1987 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
