Contract Law And Contract Practice

Author : Catherine E Mitchell
Publisher : A&C Black
Page : 442 pages
File Size : 53,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253136

Get Book

Contract Law and Contract Practice by Catherine E Mitchell Pdf

An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.

Author : Gerald E. Berendt
Publisher : LexisNexis/Matthew Bender
Page : 1280 pages
File Size : 45,5 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105064222248

Get Book

Contract Law and Practice by Gerald E. Berendt Pdf

Author : John Swan
Publisher : Unknown
Page : 74 pages
File Size : 49,6 Mb
Release : 2008
Category : Contracts
ISBN : 0433459506

Get Book

Canadian Contract Law by John Swan Pdf

Author : Steven W. Feldman
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2016
Category : Contracts
ISBN : OCLC:970001239

Get Book

Contract Law and Practice by Steven W. Feldman Pdf

Author : David K. DeWolf,Keller W. Allen,Darlene S. Barrier
Publisher : Thomson West
Page : 604 pages
File Size : 43,7 Mb
Release : 2007-01-01
Category : Contracts
ISBN : 0314979018

Get Book

Contract Law and Practice by David K. DeWolf,Keller W. Allen,Darlene S. Barrier Pdf

Author : Michael H. Whincup
Publisher : Unknown
Page : 308 pages
File Size : 46,8 Mb
Release : 1990
Category : Contracts
ISBN : STANFORD:36105044390552

Get Book

Contract Law and Practice by Michael H. Whincup Pdf

Author : Michael Furmston,G.J. Tolhurst
Publisher : Oxford University Press, USA
Page : 477 pages
File Size : 51,7 Mb
Release : 2010-03-25
Category : Language Arts & Disciplines
ISBN : 9780199284245

Get Book

Contract Formation by Michael Furmston,G.J. Tolhurst Pdf

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.

Author : Neil Andrews
Publisher : Oxford University Press, USA
Page : 832 pages
File Size : 45,7 Mb
Release : 2021
Category : Law
ISBN : 0192897942

Get Book

Contract Law in Practice by Neil Andrews Pdf

This new work contains the most current analysis of the English law of contract, enables easy access to the essence of judgements, and includes clear explanations of the law, especially in areas where it lacks certainty. Written by Neil Andrews, this highly valuable book is essential for all commercial lawyers and scholars.

Author : GEOFF R. HALL
Publisher : Unknown
Page : 128 pages
File Size : 53,6 Mb
Release : 2020
Category : Electronic
ISBN : 0433502339

Get Book

CANADIAN CONTRACTUAL INTERPRETATION LAW. by GEOFF R. HALL Pdf

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2017
Category : Contracts
ISBN : 1454894997

Get Book

Contract Law & Practice by Anonim Pdf

Author : Larry A. DiMatteo
Publisher : Kluwer Law International B.V.
Page : 804 pages
File Size : 44,8 Mb
Release : 2021-11-05
Category : Law
ISBN : 9789403528403

Get Book

International Contracting by Larry A. DiMatteo Pdf

For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University

Author : Linda Mulcahy
Publisher : Routledge
Page : 261 pages
File Size : 46,6 Mb
Release : 2008-08-18
Category : Law
ISBN : 9781134066742

Get Book

Contract Law in Perspective by Linda Mulcahy Pdf

Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.

Author : M. P. Furmston,Greg Tolhurst
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 49,9 Mb
Release : 2016
Category : Law
ISBN : 0198724039

Get Book

Contract Formation by M. P. Furmston,Greg Tolhurst Pdf

This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.

Author : Gerald Henry Louis Fridman
Publisher : Unknown
Page : 848 pages
File Size : 41,7 Mb
Release : 2006
Category : Contracts
ISBN : 0459243063

Get Book

The Law of Contract in Canada by Gerald Henry Louis Fridman Pdf

Extensively revised and updated since the previous edition, The Law of Contract in Canada, 5th Edition retains all the fundamental concepts of contract law while incorporating a wealth of new information including substantial commentary on a number of recent changes wrought by judicial decision-makers.

Author : Mo Zhang
Publisher : BRILL
Page : 389 pages
File Size : 44,8 Mb
Release : 2006
Category : Law
ISBN : 9789004150416

Get Book

Chinese Contract Law by Mo Zhang Pdf

This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.