Author: Catherine Mitchell
Publisher: Cambridge University Press
ISBN: 1316514137
Category : Business & Economics
Languages : en
Pages : 259
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Book Description
Examines how, despite its past significance and influence, English contract law now faces functional and moral redundancy.
Author: Margaret Jane Radin
Publisher: Princeton University Press
ISBN: 0691163359
Category : Law
Languages : en
Pages : 358
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Book Description
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Author: Peter Benson
Publisher: Cambridge University Press
ISBN: 0521640385
Category : Law
Languages : en
Pages : 365
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Book Description
Essays addressing a variety of issues in the theory and practice of contract law.
Author: Oren Bar-Gill
Publisher: Oxford University Press
ISBN: 019966336X
Category : Business & Economics
Languages : en
Pages : 297
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Book Description
Seduction by Contract explains how consumer contracts emerge from market forces and consumer psychology. Consumers' predictable mistakes - they are short-sighted, optimistic, and imperfectly rational - compel sellers to compete by hiding the true costs of products in complex, misleading contracts. Only better law can overcome the market's failure.
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: Tony Burroughs
Publisher: Weiser Books
ISBN: 160925595X
Category : Body, Mind & Spirit
Languages : en
Pages : 146
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Book Description
No matter who you are or what you believe, you have the power to manifest what you want in life—a dream job, wealth, love, and health. In this concise and fascinating book, Tony Burroughs shows readers how to work with the Law of Agreement to change old beliefs about money, relationships, and health issues that are holding them back. He shares stories from his years of working with people from all over the world who are practicing living intentionally bringing into their lives that which serves the higher good and discarding the rest. The Law of Agreement says that as we lend our agreement to any belief, we reinforce it and make it stronger. Alternatively, as we refrain from lending our agreement to an idea that isn’t likely to give us the results we’re looking for, we dilute it and weaken its power over us and over everyone else simultaneously. Burroughs offers examples and stories that show how the Law of Agreement and its partner, the Law of Adversity, work simultaneously. What happens when we don’t get what we want? What is the opportunity in adversity? The Law of Agreement shows how adversity can lift us up and out of our routines and help us to reach deep inside ourselves for answers to life’s hardest questions. Full of real-life stories, examples, and solutions, The Law of Agreement is a practical and world changing book.
Author: Gerald F. Davis
Publisher: Berrett-Koehler Publishers
ISBN: 1626562806
Category : Business & Economics
Languages : en
Pages : 241
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Book Description
It may be hard to believe in an era of Walmart, Citizens United, and the Koch brothers, but corporations are on the decline. The number of American companies listed on the stock market dropped by half between 1996 and 2012. In recent years we've seen some of the most storied corporations go bankrupt (General Motors, Chrysler, Eastman Kodak) or disappear entirely (Bethlehem Steel, Lehman Brothers, Borders). Gerald Davis argues this is a root cause of the income inequality and social instability we face today. Corporations were once an integral part of building the middle class. He points out that in their heyday they offered millions of people lifetime employment, a stable career path, health insurance, and retirement pensions. They were like small private welfare states. The businesses that are replacing them will not fill the same role. For one thing, they employ far fewer people—the combined global workforces of Facebook, Yelp, Zynga, LinkedIn, Zillow, Tableau, Zulily, and Box are smaller than the number of people who lost their jobs when Circuit City was liquidated in 2009. And in the “sharing economy,” companies have no obligation to most of the people who work for them—at the end of 2014 Uber had over 160,000 “driver-partners” in the United States but recognized only about 2,000 people as actual employees. Davis tracks the rise of the large American corporation and the economic, social, and technological developments that have led to its decline. The future could see either increasing economic polarization, as careers turn into jobs and jobs turn into tasks, or a more democratic economy built from the grass roots. It's up to us.
Author: Thomas Perry
Publisher: Ballantine Books
ISBN: 0307417638
Category : Fiction
Languages : en
Pages : 370
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Book Description
“A challenging and satisfying thriller . . . [with] many surprising twists.”—The New York Times Jane Whitefield is a Native American guide who leads people out of the wilderness—not the tree-filled variety but the kind created by enemies who want you dead. She is in the one-woman business of helping the desperate disappear. Thanks to her membership in the Wolf Clan of the Seneca tribe, she can fool any pursuer, cover any trail, and then provide her clients with new identities, complete with authentic paperwork. Jane knows all the tricks, ancient and modern; in fact, she has invented several of them herself. So she is only mildly surprised to find an intruder waiting for her when she returns home one day. An ex-cop suspected of embezzling, John Felker wants Jane to do for him what she did for his buddy Harry Kemple: make him vanish. But as Jane opens a door out of the world for Felker, she walks into a trap that will take all her heritage and cunning to escape. . . . Praise for Vanishing Act “Thomas Perry keeps pulling fresh ideas and original characters out of thin air. The strong-willed heroine he introduces in Vanishing Act rates as one of his most singular creations.”—The New York Times Book Review “One thriller that must be read. . . . Perry has created his most complex and compelling protagonist.”—San Francisco Examiner
Author: Pia Rebelo
Publisher: Bloomsbury Publishing
ISBN: 150996794X
Category : Law
Languages : en
Pages : 221
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Book Description
This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterise commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation. These mechanisms include contractual clauses and drafting considerations which can secure a desired outcome for contractual performance, thereby managing climate risks and providing adequate remedy where such risks materialise. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for a deeper integration of green principles into private relationships.
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.
