Contracts And Commercial Transactions

Author : David Zarfes,Michael L. Bloom
Publisher : Aspen Publishing
Page : 672 pages
File Size : 47,9 Mb
Release : 2014-10-30
Category : Law
ISBN : 9781454824060

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Contracts and Commercial Transactions by David Zarfes,Michael L. Bloom Pdf

Responding to the call to place more emphasis on practical skills, Contracts and Commercial Transactions is a groundbreaking text that immerses the reader in real agreements made between sophisticated parties--so the reader can develop the ability to read, understand, and draft contracts effectively. Drawing upon their collective experiences in the classroom and the boardroom as well as in law-firm and in-house practice, authors David Zarfes and Michael L. Bloom, in Contracts and Commercial Transactions, explore actual agreements between sophisticated parties. Along the way, they teach the reader to read and understand contracts, with an emphasis on how a decision maker--be it a judge, arbitrator, corporate executive, or senior partner--might later understand those same contracts. Contracts and Commercial Transactions features: Actual agreements, formatted as whole documents, that support the exercise of contract reading and analysis Insight and advice from expert practitioners, from law firms such as Sidley Austin and Simpson Thacher and companies such as Microsoft and JPMorgan Chase , that emphasize the realities of legal practice from the perspective of "real-world" lawyers Explanations and analysis from esteemed academics, at law schools such as Chicago and NYU, that explain the nuances of legal matters that pertain to contractual documents Focus points that preface each contract highlight key aspects of the document Methodical and repeated exposure to provisions that teach the reader to recognize and understand contractual concepts A consistent emphasis on the "building block" provisions typically found in contracts Drafting tips integrated throughout the book

Author : Alan Schwartz,Robert E. Scott
Publisher : Unknown
Page : 1340 pages
File Size : 51,7 Mb
Release : 1991
Category : Law
ISBN : STANFORD:36105044386865

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Commercial Transactions by Alan Schwartz,Robert E. Scott Pdf

Covers the law and principles governing commercial transactions and includes expert commentary on commercial law practices. Encompasses principles of commercial law, contracts, risk of loss, warranty, disclaimers and remedy limitations, damages and related remedies, excuse for nonperformance, conflicting rights to goods, credit transaction, financing and collateral, secured transactions, security interests in bankruptcy, default and foreclosure, negotiation and liability, forgery and alteration, holder in due course and bank collections. Includes analysis and discussion of terms and techniques involved in commercial law practice.

Author : Vladimir R. Rossman,Morton Moskin
Publisher : Wolters Kluwer
Page : 2506 pages
File Size : 49,8 Mb
Release : 2012-12-17
Category : Law
ISBN : 9781454831099

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Commercial Contracts by Vladimir R. Rossman,Morton Moskin Pdf

In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more

Author : Chris Thorpe,John Bailey
Publisher : Woodhead Publishing
Page : 280 pages
File Size : 44,9 Mb
Release : 1996-07-31
Category : Law
ISBN : 1855732505

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Commercial Contracts by Chris Thorpe,John Bailey Pdf

This book aims to explain the principles of contract law for the businessman, and to put those principles into their commercial context. Anyone involved in commercial transactions needs at least a basic understanding of the principles of contract law - the legal framework for all commercial activity. A lack of such a basic understanding at best results in a business which is less competitive and ultimately less profitable than it should be, and at worst can have expensive and sometimes disastrous commercial consequences.

Author : Jan Ramberg
Publisher : Unknown
Page : 528 pages
File Size : 45,7 Mb
Release : 2000
Category : Business & Economics
ISBN : STANFORD:36105060771404

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International Commercial Transactions by Jan Ramberg Pdf

The ICC has enunciated several rules, practices, standard contracts, & clauses for the facilitation of international trade. Although guidance exists for commercial practice in many different sectors--such as sale of goods, agency, insurance, documentary credits, guarantees, & transport--merchants & legal practitioners face a difficult task in trying to understand the interrelation of the various rules & practices within the vast area of international trade. International Commercial Transactions fills this gap in understanding by presenting a concise look at the most relevant rules & practices applicable to transnational trade transactions. The bases for its analysis include generally accepted principles, as laid down in international conventions, & rules & practices elaborated under the auspices of governmental & non-governmental bodies, such as UNIDROIT, UNCTAD, UNCITRAL & ICC, CMI, FIATA & BIMCO. The appendix provides the most commonly used rules, conditions, & documents. This book contributes to a complete understanding of rules of law & their rationales, general principles, standard contracts, & commercial practice as they interact in the context of international trade law. Its extensive scope, coupled with a concise, lucid style makes International Commercial Transactions an essential tool for obtaining first-hand knowledge & the foundation needed for further study or practice of international trade law.

Author : Peter Siviglia
Publisher : Unknown
Page : 128 pages
File Size : 55,9 Mb
Release : 2019
Category : Commercial law
ISBN : 1531015158

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Exercises in Commercial Transactions by Peter Siviglia Pdf

Author : Gregory M. Stein,Morton P. Fisher,Michael D. Goodwin
Publisher : American Bar Association
Page : 624 pages
File Size : 42,6 Mb
Release : 2016
Category : Commercial real estate
ISBN : 1634254864

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A Practical Guide to Commercial Real Estate Transactions by Gregory M. Stein,Morton P. Fisher,Michael D. Goodwin Pdf

For proven guidance and techniques for handling a commercial real estate deal, this practical guide will help you negotiate and close the deal. The authors cover each step of a real estate transaction in the order in which it generally arises, and offers pertinent advice, practice comments, and sample forms throughout. Because much of the real estate lawyer's practice revolves around transactional documents, the book's chapters emphasize the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms are available online.

Author : Larry A. DiMatteo,Qi Zhou,Severine Saintier
Publisher : Cambridge University Press
Page : 623 pages
File Size : 46,6 Mb
Release : 2013-01-31
Category : Law
ISBN : 9781107028081

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Commercial Contract Law by Larry A. DiMatteo,Qi Zhou,Severine Saintier Pdf

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.

Author : Sarah Worthington
Publisher : Oxford University Press
Page : 328 pages
File Size : 43,5 Mb
Release : 1996
Category : Business & Economics
ISBN : 0198262752

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Proprietary Interests in Commercial Transactions by Sarah Worthington Pdf

Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.

Author : Raczynska Magda
Publisher : Unknown
Page : 128 pages
File Size : 51,5 Mb
Release : 2018
Category : Electronic
ISBN : 0192521853

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Law of Tracing in Commercial Transactions by Raczynska Magda Pdf

A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. The book starts by identifying the structure of those interests which the author terms "lesser proprietary interests", comprising security interests and interests based on retention of title in contracts of sale of goods, hire-purchase agreements, and leases, thereby contributing to the understanding of concepts which are traditionally used to explain this area of law such as bailment and fiduciary relationship. Using this framework, the book examines the circumstances in which the interestsare lost and the extent to which proprietary claims can be asserted in assets that derive from the original subject matter, that is proceeds, products and income, as well as in accretions. It examines these claims at three levels: first, as a matter of default rules in the absence of misappropriationof the original subject matter; secondly, as a matter of contract, considering the limits of contractual freedom; and thirdly, in circumstances in which the original subject matter has been misappropriated. This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book istimely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.

Author : Mark G. Malven
Publisher : Unknown
Page : 410 pages
File Size : 53,9 Mb
Release : 2015-05-07
Category : License agreements
ISBN : 1402423705

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Technology Transactions by Mark G. Malven Pdf

Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed: - HIPAA- The Gramm-Leach-Bliley Act- The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers

Author : Richard William Hill,Samuel Williston,Richard D. Currier
Publisher : DigiCat
Page : 322 pages
File Size : 49,8 Mb
Release : 2022-06-02
Category : Law
ISBN : EAN:8596547050605

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Commercial Law by Richard William Hill,Samuel Williston,Richard D. Currier Pdf

" Commercial Law" by Richard D. Currier is a study about the law in the United States. The Institute standard course of study in "Commercial Law" is not intended to make lawyers, but simply to impart to bankers sufficient knowledge of the law to enable them to act in accordance with established legal principles, and refer doubtful questions to a lawyer. It is not usurping the functions of a lawyer for a banker to know his legal rights and responsibilities. The banker who does not appreciate the importance of this knowledge, eventually learns from experience, sad or otherwise, that he has neglected an important part of the training necessary to carry on his business with safety and confidence. This textbook is based on the splendid work, originally prepared for the Institute, by Samuel Williston, Weld Professor of Law in Harvard Law School. To this original matter, however, much new material has been added, cases have been cited, and new chapters on Master and Servant, Estates and Trusts, Bills and Notes, and Torts and Crimes added.

Author : Jonathan Mukwiri
Publisher : Arima Pub
Page : 320 pages
File Size : 47,8 Mb
Release : 2006-04-01
Category : Law
ISBN : 1845491106

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Commercial Contracts Law by Jonathan Mukwiri Pdf

This classic text provides students with reliable, concise, value-for-money coverage of all the essential legal principles that underpin commercial contracts. The body of this text is the study of contract law in the context of commercial transactions. Commercial contract is at the very heart of commercial law and business law subjects. As such, this text strips the general commercial and business law subjects to the core, and identifies the fundamental principles that underlie these subjects, which is the interpretation and enforcement of commercial contracts. In dealing with the most important key topics, a straightforward analysis is applied to difficult areas of law whilst providing a succinct and reliable account of the current law. Written by an academic author specialising in this area of law, this text will prove invaluable and essential reading for both law students and business students studying modules within commercial law or business law subjects at all levels.

Author : Saleem Sheikh,Susan Singleton
Publisher : Bloomsbury Publishing
Page : 561 pages
File Size : 55,6 Mb
Release : 2020-01-15
Category : Law
ISBN : 9781526508355

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Commercial Contracts: A Practical Guide to Standard Terms by Saleem Sheikh,Susan Singleton Pdf

Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents

Author : Faye Fangfei Wang
Publisher : Routledge
Page : 289 pages
File Size : 46,8 Mb
Release : 2010-01-21
Category : Business & Economics
ISBN : 9781135272395

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Law of Electronic Commercial Transactions by Faye Fangfei Wang Pdf

Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.