Rules of Contract Law, 2011 Statutory Supplement


Author: Knapp,Charles L. Knapp,Nathan M. Crystal,Harry G. Prince
Publisher: Aspen Publishers
ISBN: 9780735508088
Category: Law
Page: 341
View: 8997

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This convenient paperback from a highly respected author team supplements the authors' own casebook as well as any other casebook for Contracts. Containing selected portions of the principal resources used in the course--Articles 1 and 2 of the Uniform Commercial Code, the Restatement (Second) of Contracts, and the United Nations Convention for the International Sale of Goods (CISG)--the authors have also included additional statutory resources to enhance the study of contract law. the sample examination questions and materials on drafting a contract are helpful study aids for students. Rules of Contract Law 2009-2010 includes: Uniform Commercial Code--Articles 1 and 2 (Pre-revision Text) Uniform Commercial Code--Articles 1 and 2 (Revised Text) Convention on Contracts for the International Sale of Goods Restatement (Second) of Contracts Principles of International Commercial Contracts (2004) Materials on Electronic Contracting Contract Drafting: A Sample Problem Sample Examination Questions, now including a grading sheet

Comprehensive Commercial Law

2017 Statutory Supplement
Author: Ronald J. Mann,Elizabeth Warren,Jay Lawrence Westbrook
Publisher: Wolters Kluwer Law & Business
ISBN: 1454882417
Category:
Page: 1200
View: 359

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Comprehensive Commercial Law 2017 Statutory Supplement

Principles of European Contract Law

Parts I and II
Author: Commission on European Contract Law
Publisher: Kluwer Law International B.V.
ISBN: 9041113053
Category: Law
Page: 561
View: 9619

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This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

Global Sales and Contract Law


Author: Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Publisher: OUP Oxford
ISBN: 0191631051
Category: Law
Page: 1072
View: 4921

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Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

The Principles of European Contract Law and Dutch Law:A Commentary


Author: Ewoud H. Hondius,H. J. Van Kooten
Publisher: Kluwer Law International B.V.
ISBN: 9041117490
Category: Law
Page: 471
View: 3904

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The topic of harmonisation of European private law, and European contract law in particular, is rapidly gaining in importance. The topic is not only widely studied by academics and students all over Europe (and even beyond), it is also on the political agenda of the European Parliament, the European Commission, and the European Council. The most important achievement in this field is no doubt the Principles of European Contract Law (PECL), drafted by the Commission on European Contract Law. The European Commission considers the PECL to be a serious option for further harmonisation of European contract law within the European Union. This publication is the first to provide a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. It may also be used by international practitioners, foreign students, and academics interested in Dutch contract law who do not have access to Dutch contract law because they have no knowledge of the Dutch language. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.

Rules of Contract Law

Selections from the Uniform Commercial Code, the CISG, the Restatement (second) of Contracts and the UNIDROIT Principles, with Material on Contract Drafting and Sample Examination Questions
Author: Charles L. Knapp,Nathan M. Crystal,Harry G. Prince
Publisher: Aspen Pub
ISBN: 9780735564145
Category: Law
Page: 337
View: 3044

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This convenient paperback from a highly respected author team supplements the authors' own casebook as well as any other casebook for Contracts. Containing selected portions of the principal resources used in the course--Articles 1 and 2 of the Uniform Commercial Code, the Restatement (Second) of Contracts, and the United Nations Convention for the International Sale of Goods (CIST)--the authors have also included additional statutory resources to enhance the study of contract law. the sample examination questions and materials on drafting a contract are helpful study aids for students. Rules of Contract Law 2007 - 2008 includes: Uniform Commercial Code - Articles 1 and 2 (Pre-revision Text) Uniform Commercial Code - Articles 1 and 2 (Revised Text) Convention on Contracts for the International Sale of Goods Restatement (Second) of Contracts Principles of International Commercial Contracts (2004) Materials on Electronic Contracting Contract Drafting: A Sample Problem Sample Examination Questions

Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2

Contract and Movable Property Law
Author: Jan H Dalhuisen
Publisher: Bloomsbury Publishing
ISBN: 1782251839
Category: Law
Page: 712
View: 3720

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This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work is now divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: "...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field." American Journal of Comparative Law "Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators." Uniform Law Review/Revue de Droit Uniforme "this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." Law Quarterly Review "...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions..." International and Comparative Law Quarterly

The Regulation of Executive Compensation

Greed, Accountability and Say on Pay
Author: Kym Maree Sheehan
Publisher: Edward Elgar Publishing
ISBN: 0857938339
Category: Business & Economics
Page: 256
View: 7590

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ïBased on extensive interviews with those directly involved in the executive pay setting process _ executives themselves, remuneration committee members, remuneration consultants, and institutional investors _ this excellent study finally explains how, despite repeated regulation over the past twenty years in both the UK and Australia, limits on the amount executives get paid, and a clear relationship between pay and performance remain as elusive as ever. Dr. SheehanÍs study suggests that by targeting the pay setting process rather than pay itself, regulation may have contributed, albeit unintentionally, to the endless upward ratcheting of absolute levels of executive pay.Í _ John Roberts, University of Sydney, Australia ïFor those that believe executive remuneration in the UK and Australia is too high and poorly aligned with company performance, this book provides an excellent analytical framework and strong arguments in favor of greater shareholder oversight of remuneration practices and pay levels. It is well-written, carefully argued and persuasive in its treatment of the subject. I wholeheartedly recommend it.Í _ Randall S. Thomas, Vanderbilt University Law School, US In this timely book, Kym Sheehan examines the regulatory technique known as ïsay on payÍ _ where shareholders vote on executive compensation in an annual, advisory vote on the remuneration report. Using the model of the regulated remuneration cycle, and drawing upon evidence of its operation from interviews, voting data and remuneration reports from UK and Australian companies, the book demonstrates whether say on pay can operate successfully to both constrain executive greed and ensure accountability exists for company performance and decision-making. The Regulation of Executive Compensation is essential reading for corporate governance academics, remuneration consultants, company directors, regulators, pension and superannuation fund trustees and unions. Politicians and their policy advisers, lawyers, accountants and anyone concerned about the corporate governance of listed companies will find much to interest them in this detailed study.

Force Majeure and Hardship Under General Contract Principles

Exemption for Non-performance in International Arbitration
Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
ISBN: 9041127925
Category: Law
Page: 589
View: 1759

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Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

An Introduction to Law and Regulation

Text and Materials
Author: Bronwen Morgan,Karen Yeung
Publisher: Cambridge University Press
ISBN: 1139461362
Category: Law
Page: N.A
View: 8488

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In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.

Administration of Government Contracts


Author: John Cibinic,Ralph C. Nash,James F. Nagle
Publisher: CCH Incorporated
ISBN: 0808014358
Category: Business & Economics
Page: 1414
View: 2720

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This unbiased analysis of statutes, regulations, and case law clarifies the complex rules of federal procurement policies, explaining the processes that government personnel and contractors must follow in every aspect of government contracting--from inception to completion. Topics include contract administration and personnel, contract interpretation, risk allocation, changes, delays, pricing of adjustments, and much more.

Health Law

Federal Regulation of Drugs, Biologics, Medical Devices, Foods, and Dietary Supplements
Author: Roseann B. Termini
Publisher: Fforti Publications
ISBN: 9780972989152
Category: Business & Economics
Page: 601
View: 807

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"ONE" Source Separately Bound Statutory Book: Entire FDCA and related law. The reader does not have to consult another source for "FDA law" because the entire Federal Food, Drug and Cosmetic Act under Title 21, 21 U.S.C. 301 et seq., is included in the statutory supplement as well as relevant sections from related laws. The reader has the added advantage of consulting the separately bound supplement while reading the text. Statutory conversion chart included!

Third-Party Liability of Classification Societies

A Comparative Perspective
Author: Jürgen Basedow,Wolfgang Wurmnest
Publisher: Springer Science & Business Media
ISBN: 3540285628
Category: Law
Page: 125
View: 7242

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With the worldwide upsurge of lawsuits against classification societies, their liability towards third parties has become one of the most contentious issues in contemporary maritime law. Against this background, the authors analyze potential third-party claims and examine to what extent classification societies may limit their liability. The study highlights the development in Australian, English, French, New Zealand, U.S. and German law.

Smith, Currie and Hancock's Common Sense Construction Law

A Practical Guide for the Construction Professional
Author: Thomas J. Kelleher, Jr.,John M. Mastin,Ronald G. Robey,Smith, Currie & Hancock LLP
Publisher: John Wiley & Sons
ISBN: 1118858158
Category: Technology & Engineering
Page: 896
View: 2540

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Cut through the legalese to truly understand constructionlaw Smith, Currie & Hancock's Common Sense ConstructionLaw is a guide for non-lawyers, presenting a practicalintroduction to the significant legal topics and questionsaffecting the construction industry. Now in its fifth edition, thisuseful guide has been updated to reflect the most currentdevelopments in the field, with new information on Public PrivatePartnerships, international construction projects, and more.Readers will find full guidance toward the new forms being producedby the AIA, AGC, and EJDC, including a full review, comparison tothe old forms, areas of concern, and advice for transitioning tothe new forms. The companion website features samples of thesedocuments for ease of reference, and end of chapter summaries andchecklists help readers make use of the concepts in practice. Theupdated instructor support material includes scenario exercises,sample curriculum, student problems, and notes highlighting the keypoints student responses should contain. Construction is one of the nation's single largest industries,but its fractured nature and vast economic performance leave itheavily dependent upon construction law for proper functioning.This book is a plain-English guide to how state and federal lawaffects the business, with practical advice on avoiding disputesand liability. Understand construction law without wading through legaltheory Get information on an emerging method of funding large-scaleprojects Parse the complexities presented by international and overseasprojects Migrate to the new AIA, AGC, and EJDC forms smoothly andconfidently This book doesn't cover legal theory or serve as a lawyer'sguide to case law and commentary – its strength is the clear,unaffected common-sense approach that caters to the constructionprofessional's perspective. For a better understanding ofconstruction law, Smith, Currie & Hancock's Common SenseConstruction Law is an efficient reference.

An Academic Green Paper on European Contract Law


Author: Stefan Grundmann,Julien Stuyck
Publisher: N.A
ISBN: N.A
Category: Law
Page: 432
View: 5641

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The Contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book achieves three things: For the first time, European academia is discussing these three options in an extensive and systematic way with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. This is the first book in which the optional Code, which is the alternative most likely to come, is thoroughly analysed at all. This work also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code. It is the Academic Green Paper on European Contract Law.

Criminal Law and Procedure: An Overview


Author: Ronald J. Bacigal
Publisher: Cengage Learning
ISBN: 1111802947
Category: Law
Page: 408
View: 3048

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Criminal Law and Procedure: An Overview, 3E, constitutes an overview of the essentials of the criminal justice system. It covers both theory and practice, and can be tailored to a particular jurisdiction by supplementing the basic principles with statutes and cases from a particular locality. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.