Implied Terms In English Contract Law

Author : Richard Austen-Baker
Publisher : Edward Elgar Publishing
ISBN 13 : 1785365282
Total Pages : 224 pages
Book Rating : 4.87/5 ( download)

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Download or read book Implied Terms in English Contract Law, Second Edition written by Richard Austen-Baker and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Second Edition is the leading account of contract law in England & Wales in relation to implied terms and has been fully revised and updated to cover recent developments in the law. Key features include analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015 and detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer.

Author : Richard Austen-Baker
Publisher : Edward Elgar Publishing
ISBN 13 : 1800885180
Total Pages : 231 pages
Book Rating : 4.89/5 ( download)

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Download or read book Implied Terms in English Contract Law written by Richard Austen-Baker and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.24/5 ( download)

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Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Andrew (hon) Burrows FBA
Publisher : Oxford University Press
ISBN 13 : 0191072052
Total Pages : 309 pages
Book Rating : 4.55/5 ( download)

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Download or read book A Restatement of the English Law of Contract written by Andrew (hon) Burrows FBA and published by Oxford University Press. This book was released on 2016-04-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.81/5 ( download)

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Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Michael H. Whincup
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.52/5 ( download)

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Download or read book Contract Law and Practice written by Michael H. Whincup and published by . This book was released on 1990 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.00/5 ( download)

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Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Author : Yuliya Chernykh
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.09/5 ( download)

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Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Author : Glen Banks
Publisher :
ISBN 13 : 9781579694135
Total Pages : 591 pages
Book Rating : 4.36/5 ( download)

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Download or read book New York Contract Law written by Glen Banks and published by . This book was released on 2014 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Kim Lewison
Publisher :
ISBN 13 : 9780414029064
Total Pages : 119 pages
Book Rating : 4.62/5 ( download)

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Download or read book Interpretation of Contracts written by Kim Lewison and published by . This book was released on 2013 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.