Unconscionable Conduct in Commercial Transactions

Unconscionable Conduct in Commercial Transactions PDF Author: Garth Wooler
Publisher: Cambridge Scholars Publishing
ISBN: 1527520900
Category : Law
Languages : en
Pages : 292

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Book Description
This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Unconscionable Conduct in Commercial Transactions

Unconscionable Conduct in Commercial Transactions PDF Author: Garth Wooler
Publisher: Cambridge Scholars Publishing
ISBN: 1527520900
Category : Law
Languages : en
Pages : 292

Get Book Here

Book Description
This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Vitiation of Contracts

Vitiation of Contracts PDF Author: Gareth Spark
Publisher: Cambridge University Press
ISBN: 1139620452
Category : Law
Languages : en
Pages : 355

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Book Description
Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Business and Commerce Code

Business and Commerce Code PDF Author: Texas
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 524

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Book Description


Commercial Contract Law

Commercial Contract Law PDF 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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Duress, Undue Influence and Unconscionable Dealing. First Supplement

Duress, Undue Influence and Unconscionable Dealing. First Supplement PDF Author: Professor Nelson Enonchong
Publisher:
ISBN: 9780414082090
Category :
Languages : en
Pages : 0

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Book Description


Unconscionable Bargains

Unconscionable Bargains PDF Author: Mindy Chen-Wishart
Publisher: MICHIE
ISBN: 9780409788815
Category : Contracts
Languages : en
Pages : 184

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Book Description


Studies in Canadian English

Studies in Canadian English PDF Author: Adam Bednarek
Publisher: Cambridge Scholars Publishing
ISBN: 1443814555
Category : Language Arts & Disciplines
Languages : en
Pages : 150

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Book Description
This publication focuses on vocabulary, which reflects unique Canadian traits; elements that share not only a Canadian origin but also reference to everyday contexts present on both the micro and macro stage. The conducted study aimed to show variation on the lexical level, which may result from a fluid sense of national identity. The Toronto region, due to its extensive multi-cultural and multi-ethnic background bears a sense of diversity both on the social and linguistic ground. The conducted study involved the distribution of questionnaires, which tested speakers’ knowledge of Canadian register, their ability of using them in the context of everyday discourse and the identification of items. Furthermore, the author had obtained two years worth of texts from the Toronto Sun, which enabled the observation of Canadianisms within the written medium of a media context. The resulting data formed a database labeled by the author as the LCTES (Lodz Corpus for Toronto English Study).

Australian Commercial Law

Australian Commercial Law PDF Author: Dilan Thampapillai
Publisher: Cambridge University Press
ISBN: 1108728499
Category : Law
Languages : en
Pages : 617

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Book Description
Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.

Essays in Equity

Essays in Equity PDF Author: Paul D. Finn
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 292

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Book Description