The Function of Indemnity Clauses in the Context of Brian Coote's "The Essence of Contract Theory" PDF Download
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Author: Akinwale A. Awe
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 0
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Book Description
An indemnity clause is not an exclusion clause. The difference is not only academic but also relevant to commerce. As the indemnity becomes a more common feature in high risk and high value contracting, certainty of its meaning is all too important. Where an indemnity is misconstrued as an exclusion of liability, the latter a duty defining clause, this could have an effect on the insurance arrangements between the parties ultimately making the venture uneconomical for one or both of the parties. The certainty of a contractual term enhances its effectiveness and consequently reduces the economic transaction costs of its inclusion. Thus, parties can focus on the first stage of Posner's transaction cost theory - 'negotiations and drafting' enhancing the utility of contract law.
Author: Akinwale A. Awe
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 0
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Book Description
An indemnity clause is not an exclusion clause. The difference is not only academic but also relevant to commerce. As the indemnity becomes a more common feature in high risk and high value contracting, certainty of its meaning is all too important. Where an indemnity is misconstrued as an exclusion of liability, the latter a duty defining clause, this could have an effect on the insurance arrangements between the parties ultimately making the venture uneconomical for one or both of the parties. The certainty of a contractual term enhances its effectiveness and consequently reduces the economic transaction costs of its inclusion. Thus, parties can focus on the first stage of Posner's transaction cost theory - 'negotiations and drafting' enhancing the utility of contract law.
Author: Brian Coote
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
In this book the author's previously published writings on the often misunderstood topics of contractual obligation and liability are assembled.
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: Arthur McInnis
Publisher: Thomas Telford
ISBN: 9780727729613
Category : Technology & Engineering
Languages : en
Pages : 698
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Book Description
The introduction of the New Engineering Contract (NEC) encourages a systematic approach to contracting which is multidisciplinary in nature and fully interlocked in form. The NEC is intended by its supporters to be more flexible and easier to use than any current leading traditional standard forms of contract. It is believed that these features reduce adversariality and disputes. The NEC seeks to achieve this aim primarily through co-operative management techniques and incentives built into the NEC's procedures. This commentary analyses and evaluates these and related claims of innovation. The New Engineering Contract: A legal commentary examines the background to the NEC, its design objectives, structure, procedures and likely judicial interpretation to determine whether it improves upon the traditional standard forms of contract. Special attention is given in the commentary to the development and the significance of the principles underlying preparation of the NEC as well as the arguments in favour of and against them.Throughout the detailed commentary upon the NEC clauses comparisons to the traditional forms are also made to highlight unique features and principles of general application. The conclusion reached is that the NEC does make a significant contribution to the development of standard forms of contract, addresses many of their short comings and offers one of the best models for their future development, direction and design. The commentary draws upon the body of the project management literature and legal analysis to support its conclusions. The New Engineering Contract: A legal commentary will be essential reading for lawyers, barristers and solicitors, as well as engineers and project managers.
Author: Harold Frederic
Publisher:
ISBN:
Category :
Languages : en
Pages : 516
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Book Description
Author: M. P. Furmston
Publisher: Longman
ISBN: 9781405873673
Category : Commercial law
Languages : en
Pages : 661
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Book Description
This volume contains summaries of the essential cases & extracts from key legislative provisions that you will need to draw upon when answering problem or essay questions. Debate & issue boxes are included to highlight contentious areas of the law & help you refine your critical analysis skills.
Author: Alexander Trukhtanov
Publisher: Taylor & Francis
ISBN: 1000555445
Category : Law
Languages : en
Pages : 425
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Book Description
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.
Author: Peter Butt
Publisher: Cambridge University Press
ISBN: 9781139459402
Category : Law
Languages : en
Pages : 282
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Book Description
In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author: Richard Calnan
Publisher: OUP Oxford
ISBN: 9780199681464
Category : Law
Languages : en
Pages : 0
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Book Description
This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
