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Author: J. L. R. Davis
Publisher:
ISBN: 9780455229898
Category : Contracts
Languages : en
Pages : 996
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Book Description
Provides a thorough analysis of the core principles of contract law, making the text relevant to all Australian practitioners. The work has been written by leading academics and practitioners and will be reviewed and updated under the editorial guidance of Emeritus Professor JLR Davis.
Author: J. L. R. Davis
Publisher:
ISBN: 9780455229898
Category : Contracts
Languages : en
Pages : 996
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Book Description
Provides a thorough analysis of the core principles of contract law, making the text relevant to all Australian practitioners. The work has been written by leading academics and practitioners and will be reviewed and updated under the editorial guidance of Emeritus Professor JLR Davis.
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: L. F. Van Huyssteen
Publisher:
ISBN: 9781485109761
Category :
Languages : en
Pages : 712
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Book Description
Contract General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudentJal, constitutional and social context in which contract law operates. The authors' expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students and members of the general public with an interest in the subject. The authors explore the theoretical basis and structure of the South African law of contract and discuss the role played by the courts - including discussions of the latest court decisions - in the interpretation and application of these rules and principles. Where the law is not settled divergent opinions are considered and solutions offered, sometimes also with reference to foreign jurisdictions. This fifth edition of Contract General Principles highlights the importance ot the Consumer Protection Act in relation to the construction and conclusion of contracts, while close attention is also paid to the influence of constitutional jurisprudence and the principle of good faith in the formation of binding legal agreements. While the basic approach of the work has been retained, it has been substantially refined and reworked in many chapters.
Author: Frederick Pollock
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 826
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Book Description
Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
ISBN: 9041127925
Category : Law
Languages : en
Pages : 626
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Book Description
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Author: Jeannie Paterson
Publisher:
ISBN: 9780455236001
Category : Commercial law
Languages : en
Pages : 931
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Book Description
Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
Category : Law
Languages : en
Pages : 305
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Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: N. N. Nditi
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 200
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Book Description
Author: Jacobien Rutgers
Publisher: Intersentia
ISBN: 9781780682570
Category :
Languages : en
Pages : 172
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Book Description
This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
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Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
