Wrap Contracts PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Wrap Contracts PDF full book. Access full book title Wrap Contracts by Nancy S. Kim. Download full books in PDF and EPUB format.
Author: Nancy S. Kim
Publisher: Oxford University Press
ISBN: 0199336970
Category : Law
Languages : en
Pages : 239
Get Book
Book Description
In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society.
Author: Nancy S. Kim
Publisher: Oxford University Press
ISBN: 0199336970
Category : Law
Languages : en
Pages : 239
Get Book
Book Description
In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society.
Author: Nancy S. Kim
Publisher: Oxford University Press
ISBN: 0199399115
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.
Author: Frank J. Fabozzi
Publisher: John Wiley & Sons
ISBN: 9781883249427
Category : Business & Economics
Languages : en
Pages : 402
Get Book
Book Description
Stable value investments can be a crucial aspect of any financial manager's portfolio decisions-yet few books provide in-depth coverage of issues concerning their management, underwriting, and pricing. In The Handbook of Stable Value Investments, Frank Fabozzi gives you the comprehensive, specialized information on these investments that is available nowhere else.
Author: Shakeel Bhatti
Publisher: IUCN
ISBN: 2831709822
Category : Biodiversity conservation
Languages : en
Pages : 334
Get Book
Book Description
Contracts relating to scientific/technical development are effective only where they are enforceable or valid under relevant law, can be practically implemented by the parties, and address matters arising from the relevant scientific/technical issues and practices. Negotiators are often hampered by their lack of knowledge of contract law and of the biotechnological techniques used to derive new molecules and genes or genetic or biochemical formulas from biological samples. This lack of knowledge means they may not make the best choices. This book examines the special issues in applying contract law to the rights to take and utilize genetic resources; and the scientific issues and the manner in which they affect the negotiation of ABS agreements.
Author: Zheng Sophia Tang
Publisher: Bloomsbury Publishing
ISBN: 1782259309
Category : Law
Languages : en
Pages : 336
Get Book
Book Description
The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.
Author: Frank J. Fabozzi
Publisher: John Wiley & Sons
ISBN: 9781883249274
Category : Business & Economics
Languages : en
Pages : 572
Get Book
Book Description
A contributed handbook on the complexities of portfolio management that includes the most up-to-date findings from leading practitioners in the fixed income securities market.
Author: Ralph Schuhmann
Publisher: Springer Nature
ISBN: 3662584824
Category : Business & Economics
Languages : en
Pages : 430
Get Book
Book Description
The Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.
Author: Michael O'Doherty
Publisher: Bloomsbury Publishing
ISBN: 1526508036
Category : Law
Languages : en
Pages : 1206
Get Book
Book Description
Shortlisted for DSBA Law Book of the Year Award 2020 The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation. This book examines issues such as privacy, data protection, defamation, data protection, crime, intellectual property and employment, all through the prism of online behaviour. This book examines key pieces of legislation such as the E-Commerce Directive, GDPR, and Defamation Act 2009; forthcoming legislation such as the Digital Content Directive and proposed Irish legislation to combat harmful online content. With Ireland being the European base of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter, it is anticipated that the Irish courts will be the forum for many important cases in the near future. Internet Law provides a comprehensive overview of the state of the law in Ireland, EU Member States, and other common law countries such as Canada, Australia and New Zealand. And in such a fast-developing area of law, the book also anticipates many of the issues that will face courts in the near future. Key cases that this book considers include: Data protection: Google Spain [2014] – an in depth review of what exactly this case established, and the manner in which it has been interpreted in subsequent case law. Lloyd v Google [2019] – in which the English Court of Appeal made a significant finding about the availability of damages for non-pecuniary loss arising from the breach of a person's data protection rights. Defamation: Monroe v Hopkins [2017] - the first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium. Eva Glawischnig-Piesczech v Facebook [2019] – a significant recent decision of the CJEU on the liability of social media platforms for content posted by its users. Copyright: Sony Music v UPC [2018] - a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers. Land Nordrhein-Westfalen v Renckhoff [2018] - a recent decision of the CJEU on the nature of copyright protection attaching to photographs which are uploaded to the internet. Trade Marks: Interflora Inc v Marks and Spencer plc [2011] - a decision of the CJEU which analyses the rights of an advertiser to use the trade mark of a rival company when promoting its services on the Google Ads service. Employment: Barbulescu v Romania [2017] - a significant CJEU decision which sets out the restrictions to an employer's right to monitor the electronic communications of its employees. Privacy/ Harassment: CG v Facebook [2016], in which the Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments made by a user following notification of the alleged harassment. Evidence: Martin & Ors v Gabriele Giambrone P/A Giambrone & Law [2013]- one of several cases to consider the admissibility of evidence taken by a defendant from a plaintiff's social media account in order to question the latter's testimony.
Author: Gardiner, Caterina
Publisher: Edward Elgar Publishing
ISBN: 1800886179
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
Author: Dr. Suyatno Ladiqi
Publisher: Airlangga University Press
ISBN: 6024737742
Category : Social Science
Languages : en
Pages : 211
Get Book
Book Description
Penerbit: Airlangga University Press ISBN: 9786024737740 This book is the fourth compilation as a regular joint publishing effort since 2017 between Sultan Zainal Abidin University (UniSZA), Terengganu, Malaysia, and Airlangga University (UNAIR), Surabaya, Indonesia. Filled by lecturers and students, this book is expected to strengthen the relationship between the two universities and further strengthen the Malaysia-Indonesia relationship.
