The Contract Clause

Author : James W. Ely, Jr.
Publisher : University Press of Kansas
Page : 384 pages
File Size : 40,6 Mb
Release : 2016-10-28
Category : Law
ISBN : 9780700623075

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The Contract Clause by James W. Ely, Jr. Pdf

Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.

Author : Nancy S. Kim
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 41,6 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781783479436

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The Fundamentals of Contract Law and Clauses by Nancy S. Kim Pdf

This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.

Author : Benjamin Fletcher Wright
Publisher : Unknown
Page : 318 pages
File Size : 53,9 Mb
Release : 1938
Category : Constitutional law
ISBN : UCAL:$B565345

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The Contract Clause of the Constitution by Benjamin Fletcher Wright Pdf

Author : Marcel Fontaine,Filip De Ly
Publisher : BRILL
Page : 675 pages
File Size : 40,6 Mb
Release : 2006
Category : Business & Economics
ISBN : 9781571053558

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Drafting International Contracts by Marcel Fontaine,Filip De Ly Pdf

"Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

Author : Warren B. Hunting
Publisher : Forgotten Books
Page : 134 pages
File Size : 43,7 Mb
Release : 2016-08-30
Category : Law
ISBN : 1333404360

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The Obligation of Contracts Clause of the United States Constitution (Classic Reprint) by Warren B. Hunting Pdf

Excerpt from The Obligation of Contracts Clause of the United States Constitution It was intended to add chapters dealing with the police power as affecting franchise and immunities, with the ques tion what is an impairment, and the question what is a law, but these, owing to lack of time to complete them. 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.

Author : Stefan Grundmann,Denis Mazeaud
Publisher : Kluwer Law International B.V.
Page : 238 pages
File Size : 46,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124326

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General Clauses and Standards in European Contract Law by Stefan Grundmann,Denis Mazeaud Pdf

General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

Author : Marcel Fontaine,Filip de Ly
Publisher : BRILL
Page : 674 pages
File Size : 53,9 Mb
Release : 2015-03-31
Category : Law
ISBN : 9789047430230

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Drafting International Contracts by Marcel Fontaine,Filip de Ly Pdf

Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

Author : Nael G. Bunni
Publisher : John Wiley & Sons
Page : 731 pages
File Size : 46,7 Mb
Release : 2013-02-05
Category : Law
ISBN : 9781118658659

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The FIDIC Forms of Contract by Nael G. Bunni Pdf

In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.

Author : Kenneth A. Adams
Publisher : American Bar Association
Page : 276 pages
File Size : 47,8 Mb
Release : 2004
Category : Law
ISBN : 1590313801

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A Manual of Style for Contract Drafting by Kenneth A. Adams Pdf

The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 427 pages
File Size : 55,5 Mb
Release : 2011-03-17
Category : Law
ISBN : 9781139500050

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Boilerplate Clauses, International Commercial Contracts and the Applicable Law by Giuditta Cordero-Moss Pdf

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Author : Joy Mutimba
Publisher : Unknown
Page : 20 pages
File Size : 43,8 Mb
Release : 2018-04-26
Category : Electronic
ISBN : 3668696101

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Standard Clauses in International Contracts. the Arbitration Clause by Joy Mutimba Pdf

Essay from the year 2018 in the subject Law - Miscellaneous, grade: A, Lyon Catholic University, course: International Contract Law, language: English, abstract: The paper discusses the Definition and Purpose of the Arbitration Clause, Two Types of Contracts where the Arbitration Clause is typically found, Legal Basis & Regime, Differences in the use and interpretation of the Contract Clause between common law and civil law jurisdictions. You may use your home jurisdictions as illustrative, and Proper drafting of the Contract Clause and advice to avoid the pitfalls of relying on a "boilerplate" clause.

Author : Joshua Andrew Thomson,Leigh Alan Warnick,Kenneth James Martin
Publisher : Unknown
Page : 128 pages
File Size : 42,9 Mb
Release : 2015-09-30
Category : Clauses (Law)
ISBN : 0455236224

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Commercial Contract Clauses by Joshua Andrew Thomson,Leigh Alan Warnick,Kenneth James Martin Pdf

Author : Phil Griffiths
Publisher : Routledge
Page : 272 pages
File Size : 47,5 Mb
Release : 2010-05-04
Category : Technology & Engineering
ISBN : 9781136438127

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JCT 2005: Clause by Clause by Phil Griffiths Pdf

* Uses a novel clause-by-clause approach to explain the important JCT 2005 contract * Written by an experienced author, explaining in simple English the meaning and relevance of each clause to avoid common misunderstandings * Includes up-to-date legal cases that explain the development and interpretation of the contract The Joint Contracts Tribunal’s suite of contracts (commonly known as JCT 2005) are the most commonly used in the UK to procure major building work. Understanding the contracts, and which to use, is vital knowledge for all students on construction-related HND or degree courses, but these clauses can contain convoluted language, leading to confusion. This easy-to-follow guide takes the reader through the JCT 2005 building contracts clause by clause, in an easy-to-follow format, in simple but effective language that eliminates misinterpretation. Spilt into 3 sections, this book provides a summary of the current JCT Contracts, identifying which to use for what type of work, along with an analysis of their risk, liability, documentation, design responsibility and financial procedures, ensuring that JCT 2005 Building Contract: clause by clause is the vital, definitive reference for the aspiring construction professional. Phil Griffiths is a lecturer at Nottingham Trent University with interests in contract administration, finance and project management. He graduated from Nottingham Trent Polytechnic in 1971 and worked as a quantity surveyor in local authority and a medium sized construction company. He also spent some time as a director of a small construction company and is a freelance estimator.

Author : Jeremy Glover,Simon Hughes
Publisher : Sweet & Maxwell
Page : 528 pages
File Size : 43,9 Mb
Release : 2011
Category : Law
ISBN : 9780414044609

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Understanding the FIDIC Red Book by Jeremy Glover,Simon Hughes Pdf

Providing an explanation of Internet law and regulation, this title addresses key areas of contention, such as copyright, cash transactions, product liability, advertising, defamation and data protection. It also includes coverage of the UK implementation of the E-Commerce Directive and the E-Signature Directive, and the Gambling Act 2005.

Author : Mark Anderson,Victor Warner
Publisher : Unknown
Page : 695 pages
File Size : 54,7 Mb
Release : 2019
Category : Clauses (Law)
ISBN : 1526500639

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A-Z Guide to Boilerplate and Commercial Clauses by Mark Anderson,Victor Warner Pdf

"A lot of people when drafting an agreement will concentrate on the core commercial terms, rather than the boilerplate clauses. Some see the word "boilerplate" as referring to "unimportant" contract terms. This is very dangerous as a failure to consider all the provisions of a commercial agreement can have serious consequences. Often these consequences will come when it is too late to do anything about the contract terms, ie after the agreement is signed. A boilerplate clause sometimes deals with important operational issues such as the law of the contract or how notices may be sent. On other occasions, the clause deals with commercial issues that may not seem important, until a problem arises. For example, a force majeure clause only becomes significant if a party cannot perform its obligation due to circumstances beyond their control with such circumstances arising rarely, but when they do the force majeure clause comes into its own. A-Z Guide to Boilerplate and Commercial Clauses guides the user through each clause, explaining its purpose, considering its relevance in an agreement, discussing drafting issues and providing illustrative examples. The legal commentary and practical guidance helps the user to better understand the legal framework underpinning a boilerplate clause and how the courts are likely to view boilerplate and commercial clauses in the event of a dispute. For ease of reference the clauses are arranged in alphabetical order ranging from Acknowledgements to Warranties and are laid out in a modern, clear and accessible format. A set of typical boilerplate terms as they might be found in a commercial contract is included as an appendix. Since the third edition, major developments in case law and legislation have resulted in the revision of existing clauses and the development of new standard clauses. The book comes with an electronic download of the clauses. On purchase, you will be provided with a code and a web link from which the clauses can be downloaded in a generic format such as *.doc which will be compatible with all operating systems."