Contract Law And Contract Practice

Author by : Catherine E Mitchell
Languange : en
Publisher by : A&C Black
Format Available : PDF, ePub, Mobi
Total Read : 20
Total Download : 732
File Size : 44,9 Mb
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Description : An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.


International Construction Contract Law

Author by : Lukas Klee
Languange : en
Publisher by : John Wiley & Sons
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 243
File Size : 53,5 Mb
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Description : The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.


Contract Law In Austria

Author by : Willibald Posch
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 704
File Size : 42,6 Mb
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Key Ideas In Contract Law

Author by : Nicholas McBride
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 82
Total Download : 952
File Size : 45,9 Mb
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Description : This book introduces the reader to a number of ideas and issues that underlie the English law of contract-an area of law that is often regarded as forbiddingly dry and technical but which is here made easy to understand and full of interest. Taking as its starting point the role contract law plays in helping markets to operate, the book explains how contract law regulates the commercial risks people take, while at the same time placing limits on what may be bought and sold, and ensuring that contractual powers are not unacceptably abused. A final chapter discusses how contract law can be used to make gifts of binding promises to other people. The book provides a rigorous and stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject. 'Clearly written and bursting with interesting and novel ideas, this lively book will be a great resource for anyone interested in Contract Law.' Paul S Davies, Professor of Commercial Law, University College London


Contract Law

Author by : Ewan McKendrick
Languange : en
Publisher by : Macmillan International Higher Education
Format Available : PDF, ePub, Mobi
Total Read : 91
Total Download : 785
File Size : 41,9 Mb
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Description : This best-selling, classic text provides a clear and straightforward account of the basic rules of contract law, while also introducing current debates about the nature, scope and functions of the law and discussing wider controversies surrounding the basic doctrines. Praised time and again by both lecturers and students, Contract Law is compact yet comprehensive, well-written, well-structured, stimulating and engaging. This new eleventh edition has been fully revised and updated to reflect recent changes in the law. It is essential reading for all students taking undergraduate and GDL/CPE courses in contract law.


Problems In Contract Law

Author by : Charles L. Knapp
Languange : en
Publisher by : Aspen Publishers
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 378
File Size : 42,6 Mb
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Description : In Problems in Contract Law: Cases and Materials, Ninth Edition, by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince, a balance of traditional and contemporary cases reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context, while questions and problem exercises bridge theory and practice. Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings, and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. New to the Ninth Edition: Seven new cases that reflect advances in or improved statements of contract law Two restored cases (Kirksey v. Kirksey and Hill v. Jones) that provide valuable perspectives on fundamental areas of contract law Eight new problems (including seven net additions and one replacement) to provide more review options for teachers and students and to add contemporary fact patterns A new, two-color design featuring interesting photographs illustrating people and places discussed in some of the cases Editing of note and text material to reduce length without affecting coverage Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors flexibility in assigning or deleting comments Student accessibility to deleted cases from prior editions through Connected Casebook, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference Professors and students will benefit from: Flexible application for professors with various teaching methodologies: traditional, problem, theoretical, and practical A mixture of classic and contemporary cases The authors’ emphasis on accessibility of the material—rejecting a hide-the-ball approach Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.


Commonwealth Caribbean Contract Law

Author by : Gilbert Kodilinye
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 522
File Size : 55,7 Mb
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Description : The first textbook on Commonwealth Caribbean Contract law for undergraduate and sixth form students, Commonwealth Caribbean Contract Law is a new and unrivalled resource on the subject. This textbook utilises Caribbean Case Law and Statutory provisions to provide a clear and immersive path into the study of contract law from a Caribbean perspective. Encompassing topics that include misrepresentation, privity, and remedies, this book expertly introduces and explains the many aspects of contract law in the Caribbean. Written by a well-established textbook author and professor of law at Mona Campus, the textbook comprehensively covers all key principles of contractual obligations studied by undergraduate students, and is relevant to practitioners in a modern and accessible way. An invaluable reference, this book is essential reading for those with an academic or professional interest in contract law.


Contract Law Q And A 2003 2004

Author by : Richard Stone
Languange : en
Publisher by : Cavendish Publishing
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 529
File Size : 51,8 Mb
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Description : This book provides invaluable assistance to all those facing coursework assignments or examinations in contract law. It provides the student with an easy method of identifying all the main points in a particular area, whilst teaching by illustration the skills needed to write good answers to contract questions.The questions and answers cover all the main areas dealt with in undergraduate and PGDL contract courses. This edition, which contains several completely new questions, has been fully revised to take account of recent developments. The most important of these are the House of Lords decisions in Royal Bank of Scotland v Etridge (No 2) (2001) (undue influence) and Farley v Skinner (2001) (damages for non-pecuniary loss), and the Court of Appeal decision in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (2002) (mistake). In the area of contract formation, the Consumer Protection (Distance Selling) Regulations 2000 and the European Directive on Electronic Commerce 2000 are both fully covered, and the developing area of contracting over the internet is dealt with in detail.


An International Restatement Of Contract Law

Author by : Michael Joachim Bonell
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 135
File Size : 47,7 Mb
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Description : The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.


Essentials Of Contract Law

Author by : Martin A. Frey
Languange : en
Publisher by : Cengage Learning
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 563
File Size : 50,9 Mb
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Description : An ideal guide for the paralegal student, ESSENTIALS OF CONTRACT LAW, Second Edition presents the law of contracts in an understandable and organized manner. The book's effective road map approach to contracts helps students learn about contract formation, determining the applicable law, unenforceable contracts and breach of contract. In this edition, the author also separately addresses the impact of Article 2 of the UCC, federal preemption, and the UN's Convention on the International Sale of Goods (CISG). Cutting through excess verbiage and outdated doctrine, the book develops each rule of law by presenting theory, illustrating it with an example, and providing a problem to give readers hands-on practice. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.


Poole S Casebook On Contract Law

Author by : Robert Merkin QC
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 373
File Size : 50,5 Mb
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Description : All the cases you need, together with the tools to understand them. Poole's Casebook on Contract Law takes a uniquely supportive approach, to give students the confidence to engage with and analyse judgments.


Principles Of Contract Law

Author by : Richard Stone
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 27
Total Download : 323
File Size : 50,5 Mb
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Description : The Principles of Law aims to provide the law student with texts on the major areas within the law syllabus. Each text is designed to identify and expound upon the content of the syllabus in a logical order, citing the main and up-to-date authorities. This work covers contract law.


Modernising And Harmonising Consumer Contract Law

Author by : Geraint Howells
Languange : en
Publisher by : sellier. european law publ.
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 630
File Size : 52,6 Mb
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Description : In October 2008 the European Commission published its Proposal for a Consumer Rights Directive which puts forward far-reaching changes to the core of consumer contract law: Four current directives are to be replaced by a new, overarching piece of legislation and in doing so full harmonisation for the most part is to take the place of the minimum standard presently in force in the EU. Although a welcome initiative, the extent and possible effects of the Proposal have certainly brought a number of issues to the fore. In January 2009, legal experts from universities, practice and the civil service met to address the points raised by the Proposal and the question of the extent to which it can indeed contribute to the modernisation and harmonisation of European consumer contract law. The papers presented at this conference analysed, criticised and suggested improvements for the Proposal and are published in this volume.


Understanding Contract Law

Author by : Max Young
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 960
File Size : 48,5 Mb
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Description : Built around familiar real-world examples that illustrate the concepts, principles and key cases upon which English contract law is structured, Understanding Contract Law offers a clear introduction to the basic concepts of contract law in England.


Principles Of European Contract Law And Italian Law

Author by : Luisa Antoniolli
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 84
Total Download : 246
File Size : 49,7 Mb
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Description : To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2


Mistakes In Contract Law

Author by : Catharine MacMillan
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 201
File Size : 43,9 Mb
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Description : It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.


Contract Law And Practice

Author by : Michael H. Whincup
Languange : en
Publisher by : Kluwer Law International
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 779
File Size : 44,9 Mb
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Ho Hall S Hong Kong Contract Law

Author by : Stephen Hall
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 247
File Size : 47,5 Mb
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Turkish Contract Law

Author by : İlhan Helvacı
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 751
File Size : 41,6 Mb
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Description : This book introduces readers to the main principles of Turkish contract law, and particularly analyzes the general provisions of the Turkish Code of Obligations. Moreover, in order to illuminate certain key subjects, it discusses selected provisions of the Turkish Civil Code, the Turkish Commercial Code and the Turkish Bankruptcy and Enforcement Law. Intended to provide a comprehensive and clear overview of Turkish contract law, the book seeks to avoid contentious arguments and explains the subjects with the help of simple examples.


Peicl

Author by : Project Group Restatement of European Insurance Contract Law
Languange : en
Publisher by : sellier. european law publ.
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 647
File Size : 52,7 Mb
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Description : In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.


Essential Contract Law

Author by : Geoff Monahan
Languange : en
Publisher by : Routledge Cavendish
Format Available : PDF, ePub, Mobi
Total Read : 84
Total Download : 118
File Size : 52,9 Mb
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Description : This book provides a clear and concise guide to the key elements of contract law. It is a helpful revision aid for the law student, studying primarily at undergraduate level, but will also be helpful to any student studying law as part of their course.


Fault In American Contract Law

Author by : Omri Ben-Shahar
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 925
File Size : 40,9 Mb
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Description : Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.


Atiyah S Introduction To The Law Of Contract

Author by : Stephen A. Smith
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 452
File Size : 52,7 Mb
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Description : Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.


The Principles Of Law Of Contract

Author by : R. C. Srivastava
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 514
File Size : 41,9 Mb
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Framing Contract Law

Author by : Victor P. Goldberg
Languange : en
Publisher by : Harvard University Press
Format Available : PDF, ePub, Mobi
Total Read : 67
Total Download : 229
File Size : 49,7 Mb
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Description : The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).


Great Debates In Contract Law

Author by : Jonathan Morgan
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 106
File Size : 43,7 Mb
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Description : This textbook is an engaging introduction to the more advanced writings on contract law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. This edition has been extensively rewritten to include new cases and scholarship throughout. New sections include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract. An excellent book for students of contract law who wish to know more, the aim of the book is not to present a complete overview of theoretical issues in contract law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Edition: - Extensively rewritten to include new cases and scholarship throughout. - New sections and debates include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract.


Contract Law

Author by : Jan M. Smits
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 481
File Size : 47,9 Mb
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Description : Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features: - Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law - Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond - Focuses on legal method as well as substantive law - Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.


Studies In Contract Law

Author by : Richard E. Speidel
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 777
File Size : 43,6 Mb
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Description : Restructured to meet the requirements of four- and three-credit-hour courses, Studies in Contract Law provides an overview of contract law, featuring updated information on Uniform Commercial Code revisions and current trends in contracts scholarship. Important organizational changes in the sixth edition include discussions on the importance of promise and theories of promissory liability; contract remedies; and dispute settlement by private adjudication, including arbitration.


Contract Law

Author by : George Applebey
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 498
File Size : 47,6 Mb
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Description : This text outlines the basic principles and concepts of contract law and then applies them in greater detail in a contextual and practical manner. It aims to enable the reader to achieve an in-depth understanding of the key issues.