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Author: JW Carter
Publisher: Bloomsbury Publishing
ISBN: 1782250573
Category : Law
Languages : en
Pages : 496
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Book Description
This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
Author: JW Carter
Publisher: Bloomsbury Publishing
ISBN: 1782250573
Category : Law
Languages : en
Pages : 496
Get Book Here
Book Description
This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
Author: William Duncan
Publisher:
ISBN: 9781760021757
Category :
Languages : en
Pages :
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Book Description
Author: JW Carter
Publisher: Hart Publishing
ISBN: 9781849463423
Category : Law
Languages : en
Pages : 716
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Book Description
This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
Author: Sharon Christensen
Publisher:
ISBN: 9781760024550
Category :
Languages : en
Pages : 0
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Book Description
Author: Dwight Arven Jones
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 606
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Book Description
Author: Jones
Publisher:
ISBN:
Category :
Languages : en
Pages : 608
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Book Description
Author: S. A. Christensen
Publisher:
ISBN: 9781862879720
Category : Commercial law
Languages : en
Pages : 556
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Book Description
This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts.The first Part of the work deals with general principles of interpretation. It then considers clauses which allocate commercial risk; clauses relating to performance; clauses introducing new parties by way of assignment, novation or nomination; clauses such as guarantees and indemnities which create liabilities in third parties; and dispute resolution clauses including governing law.The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners.
Author: Carrie Okizaki
Publisher:
ISBN: 9781641056397
Category : Construction contracts
Languages : en
Pages :
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Book Description
"Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"--
Author: Daniel S. Brennan
Publisher: Forum
ISBN:
Category : Law
Languages : en
Pages : 382
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Book Description
This book offers a comparison of the forms of agreement from the AIA, AGC and EJCDC by providing: a guide to how they treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements; and proposed alternative language for situations where the form contract approach may not provide the best solution.
Author: Maren Heidemann
Publisher: Springer
ISBN: 3319959697
Category : Law
Languages : en
Pages : 472
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Book Description
This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
