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Author: Sarah Worthington
Publisher: Bloomsbury Publishing
ISBN: 1847311350
Category : Law
Languages : en
Pages : 710
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Book Description
This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners. The result is a series of provocative and challenging essays addressing an enormous range of problems that are of intimate concern to commercial practice. Some essays focus on broad themes, such as globalization and trust. Others address more specific issues, such as contract interpretation or constraining modern management. Yet another group targets special problems, such as dematerialisation or super-priority, in order to assess the success of commercial law in meeting commercial demands. The depth and breadth of issues addressed is a credit to the authors. Taken as a whole, the volume makes some pointed suggestions for improving the practices and processes, and indeed the future progress, of commercial law.
Author: Sarah Worthington
Publisher: Bloomsbury Publishing
ISBN: 1847311350
Category : Law
Languages : en
Pages : 710
Get Book Here
Book Description
This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners. The result is a series of provocative and challenging essays addressing an enormous range of problems that are of intimate concern to commercial practice. Some essays focus on broad themes, such as globalization and trust. Others address more specific issues, such as contract interpretation or constraining modern management. Yet another group targets special problems, such as dematerialisation or super-priority, in order to assess the success of commercial law in meeting commercial demands. The depth and breadth of issues addressed is a credit to the authors. Taken as a whole, the volume makes some pointed suggestions for improving the practices and processes, and indeed the future progress, of commercial law.
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Category : Actions and defenses
Languages : en
Pages : 292
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Book Description
Author: Danny Busch
Publisher: Oxford University Press
ISBN: 019105836X
Category : Law
Languages : en
Pages : 321
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Book Description
This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
Author: Ross Cranston
Publisher: Cambridge University Press
ISBN: 1108187692
Category : Law
Languages : en
Pages : 529
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Book Description
Making Commercial Law Through Practice 1830–1970 adds a new dimension to the history of Britain's commerce, trade manufacturing and financial services, by showing how they have operated in law over the last one hundred and forty years. In the main law and lawyers were not the driving force; regulation was largely absent; and judges tended to accommodate commercial needs, so that market actors were able to shape the law through their practices. Using legal and historical scholarship, the author draws on archival sources previously unexploited for the study of commercial practice and the law's role in it. This book will stimulate parallel research in other subject areas of law. Modern commercial lawyers will learn a great deal about the current law from the story of its evolution, and economic and business historians will see how the world of commerce and trade operated in a legal context.
Author: Donald J. Wolfe
Publisher: Lexis Nexis Matthew Bender
ISBN: 9780820549040
Category : Law
Languages : en
Pages : 1020
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Book Description
This practitioner's guide to the Delaware Court of Chancery, provides practical guidance on litigation strategy and tactics. The Chancery Court's leading authorities provide a thorough analysis on matters unique to this special tribunal, including personal and subject matter jurisdiction of the Delaware Court of Chancery, derivative and class actions, preliminary injunctions and temporary restraining orders, summary proceedings and equitable remedies and defenses. This volume is updated annually.
Author: Mohammed L. Ahmadu
Publisher: Taylor & Francis
ISBN: 1135334404
Category : Law
Languages : en
Pages : 609
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Book Description
Commerce has become an area of central importance to the South Pacific region. Although the countries are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. This new textbook is the first to examine the main areas of commercial law in the common law jurisdictions of the South Pacific region. These jurisdictions include the Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, (Western) Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. The text is divided into six parts each with its own introduction to aid the reader through each particular area. Utilising both a structural and transactional approach it examines: the establishment and termination of commercial organizations the internal and external relations within and between organizations the legal principles applicable to various kinds of commercial dealings eg. insurance, sale of goods, bills of exchange aspects of foreign trade and international commerce relevant to the region. Knowledge of the legal principles that regulate commercial activity within the South Pacific Region is essential for the communities themselves and for those from outside interested in doing business in the area. Students studying commercial law in the region will find this textbook essential reading as will those involved, or seeking to become involved, in commercial activity there
Author: Liz Campbell
Publisher: Routledge
ISBN: 1351602217
Category : Law
Languages : en
Pages : 294
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Book Description
This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.
Author: Catherine E Mitchell
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442
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Book Description
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: Sarah Worthington
Publisher: Hart Publishing
ISBN: 1841134384
Category : Law
Languages : en
Pages : 711
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Book Description
This book contains essays by legal experts which aim to prompt a critical and constructive reassessment of current commercial law and its practices.
Author: Dilan Thampapillai
Publisher: Cambridge University Press
ISBN: 1108728499
Category : Law
Languages : en
Pages : 617
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Book Description
Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.
