Unequal Bargaining

Unequal Bargaining PDF Author: John Cartwright
Publisher: Oxford University Press
ISBN: 9780198257509
Category : History
Languages : en
Pages : 252

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Book Description
A detailed consideration of the invalidating factors--duress, undue influence, misrepresentation, and unconscionable bargains--which may be present in a contract, form the core of Unequal Bargaining. Cartwright sets these factors firmly in the context of the formation of the contract, as well as when and how it is constructed. He then identifies the unifying principle of these vitiating factors, based on the responsibility of each party involved at the moment of contracting.

Is There Unequal Bargaining Power in the Labour Market?

Is There Unequal Bargaining Power in the Labour Market? PDF Author: Richard Allen Epstein
Publisher:
ISBN: 9781877148934
Category : Collective bargaining
Languages : en
Pages : 21

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Book Description


Cyber Consumer Law and Unfair Trading Practices

Cyber Consumer Law and Unfair Trading Practices PDF Author: Cristina Coteanu
Publisher: Routledge
ISBN: 1351946579
Category : Law
Languages : en
Pages : 288

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Book Description
Of great interest to practitioners, policymakers and academics - as well as to consumers and traders in general - this timely work addresses all important legal and practical issues that arise in connection with online trading. This important work outlines the existing legislation and legal jurisprudence in the EU and the US and exposes the potential for unfair commercial practices to arise from online contracts, electronic agents, disclosure of information, online advertising and online dispute resolution in cross-border transactions. The continuing prevalence of unfair commercial practices will ensure this book remains in great demand.

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition PDF Author: Rosen, Velazquez
Publisher: Wolters Kluwer
ISBN: 1543813240
Category : Arbitration agreements, Commercial
Languages : en
Pages : 2320

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Book Description
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782

Bargaining with the Machine

Bargaining with the Machine PDF Author: Robert M. Pallitto
Publisher: University Press of Kansas
ISBN: 0700629858
Category : Social Science
Languages : en
Pages : 160

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Book Description
Cell phone apps share location information; software companies store user data in the cloud; biometric scanners read fingerprints; employees of some businesses have microchips implanted in their hands. In each of these instances we trade a share of privacy or an aspect of identity for greater convenience or improved security. What Robert M. Pallitto asks in Bargaining with the Machine is whether we are truly making such bargains freely—whether, in fact, such a transaction can be conducted freely or advisedly in our ever more technologically sophisticated world. Pallitto uses the social theory of bargaining to look at the daily compromises we make with technology. Specifically, he explores whether resisting these “bargains” is still possible when the technologies in question are backed by persuasive, even coercive, corporate and state power. Who, he asks, is proposing the bargain? What is the balance of bargaining power? What is surrendered and what is gained? And are the perceived and the actual gains and losses the same—that is, what is hidden? At the center of Pallitto’s work is the paradox of bargaining in a world of limited agency. Assurances that we are in control are abundant whether we are consumers, voters, or party to the social contract. But when purchasing goods from a technological behemoth like Amazon, or when choosing a candidate whose image is crafted and shaped by campaign strategists and media outlets, how truly free, let alone informed, are our choices? The tension between claims of agency and awareness of its limits is the site where we experience our social lives—and nowhere is this tension more pronounced than in the surveillance society. This book offers a cogent analysis of how that complex, contested, and even paradoxical experience arises as well as an unusually clear and troubling view of the consequential compromises we may be making.

Glannon Guide to Contracts

Glannon Guide to Contracts PDF Author: Theodore Silver
Publisher: Aspen Publishing
ISBN: 1543857744
Category : Law
Languages : en
Pages : 726

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Book Description
Thoroughly teaching all legal terrain through which your first-year contracts course will lead you, the Fourth Edition of The Glannon Guide to Contracts will stand by your side as a constant course companion. Its user-friendly style, its stories, its scenarios, and its illustrations, make contract law come alive, turning your course into an adventure of intellectual fun as, meanwhile, you learn the law of first-year contracts--all of it. Like all Glannon Guides, this book is interactive; it's replete with multiple choice problems--one after another, after another--each one requiring that you take hold of human dealings and events and apply to them the law you've learned, with each problem followed by elaborate analyses as to why--exactly why--the right answers are right, and why--exactly why--the wrong ones are wrong. For the first-year law student, The Glannon Guide to Contracts cuts a clear and lighted path from the first day of class to the final exam. New to the Fourth Edition: Discussion of the Supreme Court overruling of Roe v. Wade Revisions and updates to the examples throughout Professors and students will benefit from: A friendly, engaging teaching style that quickly draws students close to the subject of contracts. Exhaustive coverage of all first-year contract law Multiple choice problems and analyses that unceasingly put the students' learning to the test to shore up and sharpen their mastery of the law and its application Suitability to professors' diverse organization of their syllabi, whether they begin their courses with contract formation, consideration, or remedies

Boundaries and Frontiers of Labour Law

Boundaries and Frontiers of Labour Law PDF Author: Guy Davidov
Publisher: Bloomsbury Publishing
ISBN: 184731287X
Category : Law
Languages : en
Pages : 438

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Book Description
Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.

Ethics in Finance

Ethics in Finance PDF Author:
Publisher: John Wiley & Sons
ISBN: 1118789261
Category : Business & Economics
Languages : en
Pages : 299

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Book Description
The third edition of Ethics in Finance presents an authoritative and wide-ranging examination of the major ethical issues in finance. This new edition has been expanded and thoroughly updated with extensive coverage of the recent financial crisis and the very latest developments within the financial world. Substantially updated new edition with nearly 40% new material, including sections on credit cards, mortgage lending, microfinance, risk management, derivatives, and securitization Includes coverage and references to the recent financial crisis and the very latest developments within the financial world Focuses on the practical issues that confront finance professionals, policy makers, and consumers of financial services Cites examples of the scandals that have shaken public confidence in Wall Street and world financial markets Includes numerous examples throughout to illustrate the concepts and issues described within the text

A Casebook on Labour Law

A Casebook on Labour Law PDF Author: Ewan McGaughey
Publisher: Bloomsbury Publishing
ISBN: 184946930X
Category : Law
Languages : en
Pages : 997

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Book Description
A Casebook on Labour Law supports every university labour or employment law course in the UK, set within European Union and international law. It covers history and theory, contract and rights, participation, equality, and job security. It also has chapters on essential topics for modern labour policy: the right to vote for company boards, in work councils and pension funds, and laws to achieve full employment by ending underpaid underemployment. Each chapter summarises further reading from noteworthy books and journals, and follows a unified conceptual structure. This aims to transcend historic divisions between common law or statute, private or public, and national or international law. The book invites the reader to engage in the economic and social evidence about labour law's empirical consequences and political principles.

Negotiation & Economics

Negotiation & Economics PDF Author: Laura Concina
Publisher: FonCSI
ISBN:
Category : Technology & Engineering
Languages : en
Pages : 52

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Book Description
Since technological risk issues imply stakeholders with different preferences and objectives, they are largely submitted to negotiation. Bargaining is ubiquitous and this Regard aims to give an overview of the bargaining process from an economic point of view. In an extent, its scope is to focus on what we can grasp from theory in order to understand better how negotiation can evolve.