Principles of Contractual Interpretation, Calnan Richard
Автор: Wayne Courtney Название: Contractual Indemnities ISBN: 1509905014 ISBN-13(EAN): 9781509905010 Издательство: Bloomsbury Academic Рейтинг: Цена: 7918.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law. The book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises; general principles of construction; the determination of scope; and the enforcement of indemnities. The approach then moves from the general to the specific, by examining separately particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties. The book states English law but it draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand and Singapore. It will appeal to readers from those countries. Reviews ‘Overall, the book involves a close analysis of cases and dicta both in Australia and in other countries, notably the United Kingdom. In this respect it is a meticulous, scholarly and thorough work … In setting out the principles which emerge from the [indemnity] cases, the book reminds the reader of the importance of the clauses in those cases. This book will greatly assist the drafting process’. Malcolm A Clarke, Journal of Contract Law ‘This is a scholarly text which covers in meticulous detail the full range of issues associated with indemnities: not simply the technical issues of their nature and their construction, but also the more practical issues of their breach and enforcement. The author fulfils the stated aim “to provide a coherent account of the construction and enforcement of promises of indemnity”. This is a valuable and landmark work which should be of immense assistance to commercial practitioners, litigators and judges alike when confronted by indemnity problems’. Rohan Havelock, New Zealand Business Law Quarterly
Автор: Greg Tolhurst Название: The Assignment of Contractual Rights ISBN: 1849463328 ISBN-13(EAN): 9781849463324 Издательство: Bloomsbury Academic Рейтинг: Цена: 20592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by ‘assignment’, the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said ‘it is essential reading for … teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted—read carefully, slowly and repeatedly—by any practitioner facing an assignment problem. … It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years’ (2008) 30 Sydney Law Review 169.
Автор: MacDonald Eggers, Peter Название: Vitiation of Contractual Consent ISBN: 1843118149 ISBN-13(EAN): 9781843118145 Издательство: Taylor&Francis Рейтинг: Цена: 71966.00 р. Наличие на складе: Нет в наличии.
Автор: Liang, Jieying (the University Of Hong Kong) Название: Party autonomy in contractual choice of law in china ISBN: 1107169178 ISBN-13(EAN): 9781107169173 Издательство: Cambridge Academ Рейтинг: Цена: 18058.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Liang has made a comprehensive study of the party autonomy principle in China from a practical perspective that includes an analysis of the enforceability of choice of law clauses. Legal practitioners working on commercial contracts between Chinese and foreign enterprises and academics alike will find the book of practical use.
Автор: Liu Yunsheng Название: The History of the Contractual Thoughts in Ancient China ISBN: 9811557675 ISBN-13(EAN): 9789811557675 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice.
Описание: CasebookPlus Hardbound - new, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory.
Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.
Автор: Brunet Название: Contract Management ISBN: 3030680789 ISBN-13(EAN): 9783030680787 Издательство: Springer Рейтинг: Цена: 11179.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.
Автор: Carter G. Bishop, Daniel D. Barnhizer, George A. Mocsary Название: Contracts: Cases and Theory of Contractual Obligation ISBN: 1684676010 ISBN-13(EAN): 9781684676019 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 44491.00 р. Наличие на складе: Нет в наличии.
Описание: Unlike most constitutional law books, this book does not assume that the students have any particular knowledge of American history, government, or law, so it begins with a rich introductory chapter to provide students with a necessary foundation for the rest of the material. Thereafter, it supplements the familiar cases with historical context.
Описание: This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
Автор: Mallard Название: Contractual Knowledge ISBN: 1107130913 ISBN-13(EAN): 9781107130913 Издательство: Cambridge Academ Рейтинг: Цена: 11722.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
Автор: Dickinson, Professor Andrew Название: Rome ii regulation ISBN: 0199589798 ISBN-13(EAN): 9780199589791 Издательство: Oxford Academ Рейтинг: Цена: 62568.00 р. Наличие на складе: Поставка под заказ.
Описание: This pack includes The Rome II Regulation: The Law Applicable to Non-Contractual Obligations and an Updating Supplement which brings the Main Work up to date and incorporates substantive developments since publication of the book in December 2008.
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