Contract Formation

Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in ...

Author: Michael Furmston

Publisher: Oxford University Press, USA

ISBN: 9780199284245

Category: Law

Page: 421

View: 525

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Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.

Contract Law and Contract Practice

This book explores these neglected issues within contract law.

Author: Catherine E Mitchell

Publisher: A&C Black

ISBN: 9781782253136

Category: Law

Page: 308

View: 360

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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 Contracting Law and Practice

For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects.

Author: Larry A. DiMatteo

Publisher: Kluwer Law International B.V.

ISBN: 9789041159700

Category: Law

Page: 842

View: 857

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For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.

Contract Law and Contract Practice

Departing from the literature on contract law and commercial expectations, this book moves contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a responsive approach to the regulation of commercial ...

Author: Catherine Mitchell

Publisher:

ISBN: 1472561627

Category: Contracts

Page: 309

View: 416

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Departing from the literature on contract law and commercial expectations, this book moves contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a responsive approach to the regulation of commercial agreements.

Contract Law in Practice

Written by Neil Andrews, this highly valuable book is essential for all commercial lawyers and scholars.

Author: Neil Andrews

Publisher: Oxford University Press, USA

ISBN: 0192897942

Category: Law

Page: 832

View: 735

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This new work contains the most current analysis of the English law of contract, enables easy access to the essence of judgements, and includes clear explanations of the law, especially in areas where it lacks certainty. Written by Neil Andrews, this highly valuable book is essential for all commercial lawyers and scholars.

FIDIC Contracts

This is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects.

Author: Ellis Baker

Publisher: Informa Law

ISBN: 1843116286

Category: Law

Page: 583

View: 388

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The FIDIC (Fdration Internationale Des Ingnieurs-Conseils / International Federation of Consulting Engineers) Forms of Contract are used to provide a recognizable common basis of agreement where the project and the principal contract are international, and consist of a suite of contracts. The FIDIC Contracts: Law and Practice covers the full range of FIDIC contracts, providing legal commentary, detailed clause-by-clause analysis, and relevant case law for each of the different forms. The book provides a comprehensive reference for those using the FIDIC forms on contract in international construction and engineering projects. Containing a good blend of practitioner and academic opinion, it highlights controversial issues and outlines the main schools of thought. It is suitable for lawyers practicing in international procurement and dispute resolution. It will also be of benefit to engineers, project managers, quantity surveyors, architects, contractors, and others.

Contract Law and Practice The English System and Continental Comparisons

This book provides continental lawyers with a clear and accessible introduction To The basic principles of English commercial contract law, and their English counterparts with what may well be their first insight into equivalent Continental ...

Author: Michael Whincup

Publisher: Springer

ISBN: 9041102132

Category: Law

Page: 380

View: 744

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This book provides continental lawyers with a clear and accessible introduction To The basic principles of English commercial contract law, and their English counterparts with what may well be their first insight into equivalent Continental rules. Highlighted features of this publication include: Clear but critical explanations of the general principles of the law, illustrated by modern precedents. More than 100 new cases have been added since the 1992 Second Edition. Use of typical commercial contract clauses, illustrating the practical significance of the rules in question and introducing students To The language of contracts. Emphasis on commercial practice And The fundamental issues of offer and acceptance, consideration, terms, exclusions clauses, risk,. mistake, misrepresentation, frustration, and remedies for breach. Interesting and instructive comparisons with Commonwealth and American developments in case law and statute, combined with appropriate references To The Vienna Convention on Contracts For The International Sale of Goods. Appendices contain the full text of the Convention, together with the important, new Unfair Terms in Consumer Contracts Regulations. Commentaries on comparable aspects of Danish, Dutch, French, German, Italian, Spanish and (new to this edition), Swedish law written by practitioners and academics of the countries in question.