Vitiation Of Contractual Consent

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Vitiation of Contractual Consent

Author : Peter MacDonald Eggers
Publisher : Taylor & Francis
Page : 832 pages
File Size : 54,9 Mb
Release : 2016-09-13
Category : Law
ISBN : 9781317657828

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Vitiation of Contractual Consent by Peter MacDonald Eggers Pdf

The validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.

Vitiation of Contracts

Author : Gareth Spark
Publisher : Cambridge University Press
Page : 355 pages
File Size : 52,7 Mb
Release : 2013-01-03
Category : Law
ISBN : 9781107031784

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Vitiation of Contracts by Gareth Spark Pdf

Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.

Card & James' Business Law for Business, Accounting, & Finance Students

Author : Lee Roach
Publisher : Oxford University Press, USA
Page : 939 pages
File Size : 52,6 Mb
Release : 2012-04-19
Category : Business & Economics
ISBN : 9780199698059

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Card & James' Business Law for Business, Accounting, & Finance Students by Lee Roach Pdf

With faultless accuracy, this text is the most detailed and analytical account of law for those new to the subject. It provides commanding analysis of the English legal system, contract law, the law of torts, company law, and employment law, as well as covering relevant aspects of the law of agency and environmental law. Online chapters provide further discussion relating to the economic torts, corporate governance, the sale of goods, consumer credit, and the law relating to unfair and illegal commercial practices. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features have been incorporated throughout, making this difficult subject more accessible. Key case, examples, and discussion boxes demonstrate the application of law and highlight core principles, while self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and updates to the law via Twitter. This new edition also includes a testbank of MCQs for lecturer use.

Arbitration and Contract Law

Author : Neil Andrews
Publisher : Springer
Page : 342 pages
File Size : 47,5 Mb
Release : 2016-04-18
Category : Law
ISBN : 9783319271446

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Arbitration and Contract Law by Neil Andrews Pdf

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​

Commercial Agents and the Law

Author : Séverine Saintier,Jeremy Scholes
Publisher : Taylor & Francis
Page : 505 pages
File Size : 41,9 Mb
Release : 2017-09-25
Category : Law
ISBN : 9781351571562

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Commercial Agents and the Law by Séverine Saintier,Jeremy Scholes Pdf

Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.

Chinese Contract Law

Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 41,7 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Unconscionable Bargains

Author : Mindy Chen-Wishart
Publisher : Unknown
Page : 3 pages
File Size : 43,8 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:1308848229

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Unconscionable Bargains by Mindy Chen-Wishart Pdf

The decision of the Court of Appeal in the unconscionable bargain case of Nicols v Jessup [1986] BCL 1573 helps to clarify the approach which New Zealand courts should take on unconscionability cases in light of the Privy Council decision in O'Connor v Hart [1985] 1 NZLR 159.

Electronic Contracts, 2nd Edition

Author : S. Blount
Publisher : Unknown
Page : 128 pages
File Size : 54,9 Mb
Release : 2015-07-28
Category : Contracts
ISBN : 040934074X

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Electronic Contracts, 2nd Edition by S. Blount Pdf

In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014

Philosophical Foundations of Contract Law

Author : George Letsas,Prince Saprai
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 45,5 Mb
Release : 2014
Category : Law
ISBN : 9780198713012

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Philosophical Foundations of Contract Law by George Letsas,Prince Saprai Pdf

The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

Lex Mercatoria

Author : Francis Rose
Publisher : Taylor & Francis
Page : 440 pages
File Size : 52,5 Mb
Release : 2021-10-28
Category : Law
ISBN : 9781000341546

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Lex Mercatoria by Francis Rose Pdf

This collection of essays has been written in honour of Francis Reynolds upon his retirement, in recognition of his great service to the law during his distinguished career. They cover the areas in which Francis Reynolds has been most active – English commercial and maritime law in an international context. Topics covered include contract law, the law of agency, carriage of goods by sea, international sale of goods, bankers’ commercial credits and conflict of laws.

Commercial Remedies: Resolving Controversies

Author : Graham Virgo,Sarah Worthington
Publisher : Cambridge University Press
Page : 0 pages
File Size : 55,9 Mb
Release : 2018-12-06
Category : Law
ISBN : 1316622142

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Commercial Remedies: Resolving Controversies by Graham Virgo,Sarah Worthington Pdf

The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 43,6 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Contractual Estoppel

Author : Alexander Trukhtanov
Publisher : Taylor & Francis
Page : 425 pages
File Size : 44,8 Mb
Release : 2022-03-29
Category : Law
ISBN : 9781000555448

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Contractual Estoppel by Alexander Trukhtanov Pdf

The second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.

Broken Cities

Author : Deborah Potts
Publisher : Zed Books Ltd.
Page : 342 pages
File Size : 41,5 Mb
Release : 2020-04-15
Category : Social Science
ISBN : 9781786990570

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Broken Cities by Deborah Potts Pdf

From Britain’s ‘Generation Rent’ to Hong Kong’s notorious ‘cage homes’, societies around the world are facing a housing crisis of unprecedented proportions. The social consequences have been profound, with a lack of affordable housing resulting in overcrowding, homelessness, broken families and, in many countries, a sharp decline in fertility. In Broken Cities, Deborah Potts offers a provocative new perspective on the global housing crisis arguing that the problem lies mainly with demand rather than supply. Potts shows how market-set rates of pay and incomes for vast numbers of households in the world’s largest cities in the global South and North are simply too low to rent or buy any housing that is legal, planned and decent. As the influence of free market economics has increased, the situation has worsened. Potts argues that the crisis needs radical solutions. With the world becoming increasingly urbanized, this book provides a timely and urgent account of one of the most pressing social challenges of the 21st century. Exploring the effects of the housing crisis across the global North and South, Broken Cities is a warning of the greater crises to come if these issues are not addressed.

Fundamentals of Public International Law

Author : Giovanni Distefano
Publisher : BRILL
Page : 991 pages
File Size : 41,7 Mb
Release : 2019-05-07
Category : Law
ISBN : 9789004396692

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Fundamentals of Public International Law by Giovanni Distefano Pdf

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.