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Author : William Duncan,Sharon Christensen
Publisher : Unknown
Page : 128 pages
File Size : 48,8 Mb
Release : 2018-06-30
Category : Electronic
ISBN : 176002175X
Author : JW Carter
Publisher : Bloomsbury Publishing
Page : 496 pages
File Size : 54,9 Mb
Release : 2013-01-04
Category : Law
ISBN : 9781782250579
This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
Author : JW Carter
Publisher : Hart Publishing
Page : 716 pages
File Size : 54,9 Mb
Release : 2013-01-04
Category : Law
ISBN : 1849463425
This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
Author : Sharon Christensen,William Duncan
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2023-07-15
Category : Electronic
ISBN : 1760024554
Author : S. A. Christensen,W. D. Duncan
Publisher : Unknown
Page : 556 pages
File Size : 51,7 Mb
Release : 2014
Category : Commercial law
ISBN : 1862879729
This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts.The first Part of the work deals with general principles of interpretation. It then considers clauses which allocate commercial risk; clauses relating to performance; clauses introducing new parties by way of assignment, novation or nomination; clauses such as guarantees and indemnities which create liabilities in third parties; and dispute resolution clauses including governing law.The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners.
Author : Gerard McMeel
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 42,7 Mb
Release : 2017
Category : Law
ISBN : 0198755163
"[This book] helps the reader to negotiate a complex area of law by combining principles and doctrine with relevant discussion of the case law [and identifies] and anticipates current and future trends in litigation New to this [edition includes]: updated discussion of the role of the appeal courts in their decisions on judgments relating to contract construction, most notably the cases of Rainy Sky v Kookmin Bank (2011), Arnold v Britton (2015), the Lloyds Bank Bonds case (2016), and Wood v Capita Insurance Services(2017); expanded coverage and critique of the principles of implication and rectification; extended treatment of good faith following Yam Seng (2014) and MSC Mediterranean Shipping v Cottonex (2016); and discussion of New Commercial Court Guide rules on background facts 'factual matrix' and statements of case."--
Author : Dwight Arven Jones
Publisher : Unknown
Page : 606 pages
File Size : 47,7 Mb
Release : 1886
Category : Contracts
ISBN : UOM:35112105047627
Author : Dwight Arven Jones
Publisher : Legare Street Press
Page : 0 pages
File Size : 47,5 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1019576863
In this authoritative legal treatise, Jones offers detailed guidance on the construction and interpretation of commercial and trade contracts. Drawing on case law and other legal sources, he provides practical insights for lawyers, judges, and legal scholars who work in the field of commercial law. Whether you are an experienced litigator or a student of contract law, this book is an essential resource for understanding the nuances of modern commercial law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Robert D. Gilbreath
Publisher : John Wiley & Sons
Page : 320 pages
File Size : 50,9 Mb
Release : 1992-04-16
Category : Technology & Engineering
ISBN : 0471569321
This Second Edition focuses on the commercial issues of contracting, covering the lifespan of a contract in four stages: inception of need, bid and award, administration, termination. Written from the owners' perspective, it is appropriate for construction managers and contract administrators. New material includes the effects of the computer on construction management practices, the risks and rewards of cross-border contracts and the role of the lawyer.
Author : Akhtar Surahyo
Publisher : Springer
Page : 246 pages
File Size : 45,7 Mb
Release : 2017-10-18
Category : Technology & Engineering
ISBN : 9783319666853
This book provides an overall understanding of construction contracts, explaining a range of topics with in-depth examples, allowing engineers, site managers, architects, contractors, and other construction professionals in search of information on construction contracts to find it in one place. The volume further serves as a learning tool and a reference guide for students and instructors. Adopting a primarily Canadian perspective, the book provides references from two Standard Contract Documents CCDC (Canadian Construction Document Committee) and FIDIC (International Federation of Consulting Engineers) and briefly describes other major contract documents used within USA and UK construction industries.
Author : Larry A. DiMatteo,Qi Zhou,Severine Saintier
Publisher : Cambridge University Press
Page : 623 pages
File Size : 53,5 Mb
Release : 2013-01-31
Category : Law
ISBN : 9781107028081
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 : Jones
Publisher : Unknown
Page : 608 pages
File Size : 50,8 Mb
Release : 1886
Category : Electronic
ISBN : UBBE:UBBE-00101865
Author : Kim Lewison,David Hughes
Publisher : Unknown
Page : 452 pages
File Size : 55,8 Mb
Release : 2011
Category : Contracts
ISBN : 045522868X
THE INTERPRETATION OF CONTRACTS IN AUSTRALIA provides practitioners with essential guidance on the construction and interpretation of contracts, including in difficult matters of disputed interpretation. This adaptation of the widely acclaimed English title THE INTERPRETATION OF CONTRACTS by Sir Kim Lewison has been long awaited. Former Chief Justice Spigelman of the Supreme Court of NSW writes in the Foreword to this work. Now barrister David Hughes and Sir Kim Lewison have thoroughly revised the English text to reflect Australian law, while retaining the structure and principles of interpretation of the first nine chapters of the English edition. These principles of construction and interpretation are discussed in chapters which proceed through the key rules governing each of them. Extracts and summaries of decisions are provided to illustrate the application of those rules. The text's insights will inform the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law. By enabling lawyers to construct arguments rooted in the case law, this new Australian work will help lawyers better challenge contracts and explain their inadequacies.
Author : Jonathan Morgan
Publisher : Cambridge University Press
Page : 314 pages
File Size : 51,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470200
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Author : Kit Werremeyer
Publisher : John Wiley & Sons
Page : 390 pages
File Size : 51,7 Mb
Release : 2023-07-19
Category : Law
ISBN : 9781394150205
Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.