Implied Terms in English Contract Law PDF Download
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Author: Richard Austen-Baker
Publisher: Edward Elgar Publishing
ISBN: 1800885180
Category : Law
Languages : en
Pages : 231
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Book Description
This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.
Author: Richard Austen-Baker
Publisher: Edward Elgar Publishing
ISBN: 1800885180
Category : Law
Languages : en
Pages : 231
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Book Description
This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.
Author: Paul A McDermott
Publisher: Bloomsbury Publishing
ISBN: 1780436270
Category : Law
Languages : en
Pages : 2024
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Book Description
Contract Law, Second Edition is a comprehensive and informative account of Irish contract law which contains all of the developments since the first edition was published in 2001. Building on the original material of the first edition, this edition contains two new chapters which examine the topics of: - How to successfully make contracts - Remedies other than damages, namely specific performance, injunctions and restitution The law relating to contracts is set out and explained under clear headings and in straightforward language. In addition, every major Irish case on contract law is considered. Particular emphasis is placed on practical matters such as the construction of contracts, breach of contract and contractual remedies. This edition also includes a large number of new cases from the High Court, Court of Appeal and Supreme Court on every area. This title was written by a practitioner who is also an academic, the book sets out the principles and case law in a clear and structured manner with easy to use headings and an easy to navigate format. The information is both of an academic interest and with serious practical relevance. Practitioners, students and anyone who has to deal with contracts in the course of their work will benefit from this most welcome new edition.
Author: Richard Wortley
Publisher: Hodder Education
ISBN: 1398335460
Category : Study Aids
Languages : en
Pages : 1177
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Book Description
This fully updated and accessible textbook combines Year 1 and Year 2 content for the refreshed OCR specification with brand new cases, activities and features to provide comprehensive support for the A level course. Written by experts Nigel Briggs, Nick Price and Richard Wortley, and edited by Sue Teal, the content is carefully tailored to the OCR specification. - Develop conceptual understanding with full coverage of all topics in the OCR A level specification in one book. - Establish a firm understanding with key term definitions and tables of relevant cases and legislation for each topic. - Build sound knowledge and analysis throughout the course with knowledge-based questions and revision summaries at the end of each chapter. This Student Book is endorsed by OCR - This title fully supports the specification - It has passed OCR's rigorous quality assurance programme - It is written by curriculum experts
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107028086
Category : Law
Languages : en
Pages : 623
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Book Description
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: GEOFF R. HALL
Publisher:
ISBN: 9780433502333
Category :
Languages : en
Pages :
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Book Description
Author: Neil Andrews
Publisher: Cambridge University Press
ISBN: 1107061687
Category : Law
Languages : en
Pages : 707
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Book Description
Significantly streamlined and updated, this second edition provides a clear introduction to all topics in the contract law curriculum.
Author: Kevin Chua
Publisher: Marshall Cavendish International Asia Pte Ltd
ISBN: 9815009990
Category : Law
Languages : en
Pages : 192
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Book Description
Are you a business person who wants to learn about contract law and how it relates to practical issues? If so, this new and fully updated second edition of Contract Smart has been written with you in mind. It is targeted at the educated business professional who wants a balanced approach in a book on Singapore law – more than the bare basics of contract law but without too many technicalities as presented in books for lawyers and law students. And most importantly, there is emphasis on the practical business aspects of contract law. This book covers essential topics such as: How to make contracts. Deciding on form and formalities in contracts. The parties who have rights under a contract. The nuances in the different types of contractual terms and conditions. The situations that could make a contract voidable or void. How contracts should be performed. Making variations to contracts. The various options if a contract is breached. Dealing with contracts involving parties in other countries.
Author: Paul S. Davies
Publisher: Oxford University Press
ISBN: 0198853505
Category : Law
Languages : en
Pages : 534
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Book Description
JC Smith's The Law of Contract provides a superb overview of all the key areas of contract law making this book ideal for use on all undergraduate courses. A focus on key cases acts a springboard into analysis and critical discussion enabling students to really understand the fundamentals of the subject.
Author: Fabien Gélinas
Publisher: Oxford University Press
ISBN: 0199916012
Category : Law
Languages : en
Pages : 329
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Book Description
If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.
Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629
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Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
