Description : This book examines in detail the principles underpinning professional liability both at common law (tort and contract) and by reason of statute (Trade Practices Act and Fair Trading Acts) in the context of property professionals. It includes comprehensive coverage of the Civil Liability Acts. The early chapters deal with the sources of professional liability. They include an analysis of remedies for breach of professional obligations generally and of procedural issues, such as limitation of actions, expert evidence, apportionment and contributory negligence in the setting of professional liability. The heart of the book is original and accessible material on the measure of damages as it relates to the liability of the various professionals who become involved in property transactions. There are further chapters on the liability of lenders and local authorities as organisations commonly involved. It is an essential reference for any barrister, solicitor or other professional directly or indirectly involved in litigation in this area, as well as property lawyers. With a Foreword by The Hon Justice Ian Callinan. For more detailed information about the book's purpose and structure, please read the extract from the Preface, below.
Description : Bringing transparency to the Uniform Commercial Code Article 9, one of the most difficult and technical components of commercial law, James Brook uses straightforward introductions and the proven-effective Examples & Explanations pedagogy to provide a clear and complete overview of Secured Transactions. proven-effective Examples & Explanations pedagogy, combining straightforward introductions with well-written examples and explanations that apply concepts, reinforce learning, and test understanding of material covered clear and approachable explanatory text that is informal, yet informative a solid introduction to the basic law in the field covering the rules and policies of the law governing secured transactions as well as the broader issues of legal process usable with both the original and revised versions of Article 9 -- providing parallel citations to both a logical organization that follows the general sequence of topics as they are taught in Secured Transaction courses helpful diagrams and visual aids that illustrate and simplify the intricate provisions of Article 9 Updated throughout and with many new examples, the Fourth Edition features: important new cases and developments in secured transactions, including recent cases addressing the question of the correct name to use in filing a UCC1 financing statement new and updated examples Edition after edition, James Brook has been the trusted authority your students can rely on to present a clear and current picture of the entire Secured Transactions landscape.
Description : The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.
Description : This overview of a complex and often misunderstood subject takes the reader through the issues that are faced throughout the life cycle of a private equity investment, from the identification of an opportunity, through the various stages of the transaction and the lifetime of the investment, to the eventual exit by the investor. The analysis of key documentation and legal issues covers company law, employment law, pensions, taxation, debt funding and competition law, taking into account recent legal developments such as the Companies Act 2006, the recent emergence of private equity in the UK and the challenges faced by the industry as a result of the financial crisis.
Description : The ultimate guide to the current rules and regulations that govern the securities industry?including amendments in 2010 Providing readers with expert coverage of domestic securities regulation, this book fills the need for coverage of securities regulations, defining, describing, and explaining everything professionals need to know about domestic securities regulation. Examines the current securities rules Provides an overview of the latest regulations for this industry Includes a description of the various government regulations of securities markets, and securities transactions Since the corporate scandals of 2002, this industry has seen intense scrutiny of how it is regulated. Regulation of Securities, Markets, and Transactions demystifies the new laws and regulations with straightforward, to-the-point coverage professionals need.
Description : When players play, there is a transactional process at work, whether for children on a teeter-totter or pandas playing with peers. In this edited volume, nine experts on play show how play transactions are an important dynamic of play across cultures, age groups, even species. A rich array of play contexts is evident across the nine chapters, encompassing varied continents, age groups, and sorts of players. The play processes of giant pandas, of home-visiting therapists, of Polynesian women, and of autistic kids are included here. The healthy interchange of ideas about play, one of the hallmarks of the Association for the Study of Play, is a process that is cultivated in this new volume.
Description : In the early 21st century, intellectual and cultural resources emerge on all sides as candidates for ownership claims. Members of an anthropological research team investigating emergent conomic relations in a part of the world renowned for its innovative approach to resources and transactions, wish to open up the vocabulary. In this unique volume, they bring an unexpected comparative perspective to global debates on intellectual and cultural property rights (IPR and CPR). The contributors bring from Melanesia their collective experience of people initiating, limiting and rationalizing claims through transactions in ways that challenge many of the assumptions behind the international language. In a bold theoretical move, "property" is put alongside two other terms: "transactions" and "creations." The former have a place in the anthropological tradition that now needs to be brought into the foreground. In turn, increasing interest in protecting intellectual and cultural resources means that questions about creativity have suddenly become pertinent to what is or is not being transacted. Yet is creativity a special preoccupation of modernity? How are we to talk about people's creative practices, when innovation becomes the basis for ownership claims? This book is full of surprises!
Description : A completely revised update of the First Edition, this book focuses exclusively on outsourcing information technology such as data processing, computer systems, and specialized software programs essentially an intellectual property transaction. It covers, among other topics, licensing and software development agreements, sales of tangible assets, human resources management, and more.
Description : Author Ben Scheible draws on his experience as an attorney and computer applications instructor in this timely examination of electronic, or paperless, transactions in real estate. This first-of-its-kind continuing education title explores e-signatures, digital signatures and security issues. The text reviews fundamental contract law basics and how they apply to electronic transactions. "The Uniform Electronic Transactions Act" (UETA), the E-sign Act and state laws that affect electronic transactions are also discussed. Benefits: * Notarization and acknowledgment issues, as well as transferring, storing and accessing electronic documents are discussed. * Learning Objectives and Glossary of key terms emphasize important concepts. * Figures illustrate the steps involved with various types of electronic transactions. * Practice Tips offer suggestions for using electronic transactions and overcoming the insecurity of using e-mail to create a contract * End-of-chapter quizzes reinforce the materil and identify topics requiring additional review. * Instructor Resources include final exam with answer key and a PowerPoint presentation with lecture outlines.