Exemption Clauses V. Public Policy and Inequality of Bargaining Power

Exemption Clauses V. Public Policy and Inequality of Bargaining Power PDF Author: Visu Sinnadurai
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages :

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Exemption Clauses V. Public Policy and Inequality of Bargaining Power

Exemption Clauses V. Public Policy and Inequality of Bargaining Power PDF Author: Visu Sinnadurai
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages :

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Book Description


The Future of the Law of Contract

The Future of the Law of Contract PDF Author: Michael Furmston
Publisher: Taylor & Francis
ISBN: 0429508816
Category : Law
Languages : en
Pages : 303

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Book Description
The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.

Concretising the Open Norm of Public Policy

Concretising the Open Norm of Public Policy PDF Author: Luanda Hawthorne
Publisher:
ISBN:
Category :
Languages : en
Pages : 20

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Book Description
Both classical contract law and the classical conception of the rule of law have as their point of departure that inequality between individuals is the result of natural differences and capabilities and that recognition of formal equality is the only possibility. In line with this premise the judiciary is expected to merely apply abstract legal norms, and it is not the function of a judge to refer to policy considerations or consider the relative justice of individuals' claims. The judiciary may not make law or become involved in policy issues. However, the South African Constitution is expressly value-based and demands that the judiciary take cognizance of substantive values.

Exemption Clauses and Implied Obligations in Contracts

Exemption Clauses and Implied Obligations in Contracts PDF Author: John Livermore
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 336

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The Malayan Law Journal

The Malayan Law Journal PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1180

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Contract Law in Singapore

Contract Law in Singapore PDF Author: Andrew B.L. Phang
Publisher: Kluwer Law International B.V.
ISBN: 9403534400
Category : Law
Languages : en
Pages : 900

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Singapore covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Contract Law in South Africa

Contract Law in South Africa PDF Author: Louis F. van Huyssteen
Publisher: Kluwer Law International B.V.
ISBN: 9403529334
Category : Law
Languages : en
Pages : 357

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Bargaining with the State

Bargaining with the State PDF Author: Richard A. Epstein
Publisher: Princeton University Press
ISBN: 1400821096
Category : Political Science
Languages : en
Pages : 341

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Book Description
Bargaining with the State examines the threats to liberty that arise through the power of government selectively to distribute benefits and favors to its citizens. For Richard Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare.

The Supreme Court Law Review

The Supreme Court Law Review PDF Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages :

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Book Description


Private Law and Human Rights

Private Law and Human Rights PDF Author: Daniel Visser
Publisher: Edinburgh University Press
ISBN: 0748684190
Category : Law
Languages : en
Pages : 577

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Book Description
A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland