Автор: Hook, Maria Название: Choice of law contract ISBN: 1509926801 ISBN-13(EAN): 9781509926800 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Автор: P. Cserne Название: Freedom of Contract and Paternalism ISBN: 1349342866 ISBN-13(EAN): 9781349342860 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Автор: Gordon Greg Paterson Название: Uk oil and gas law: current practice and emerging trends ISBN: 1474421741 ISBN-13(EAN): 9781474421744 Издательство: Bloomsbury Academic Рейтинг: Цена: 19325.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In recent years, a great deal has changed in the oil and gas industry, from legal and regulatory change to falling oil prices. This updated third edition of `UK Oil and Gas Law` has been published in two volumes: this volume focuses on commercial and contract law issues.
Описание: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman’s Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another’s reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower’s unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Автор: Greenhalgh Brian Название: Introduction to Construction Contract Management ISBN: 1138844179 ISBN-13(EAN): 9781138844179 Издательство: Taylor&Francis Рейтинг: Цена: 8420.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book is an introduction to construction contract administration and management, covering the delivery and execution stage of a construction project and the various issues which the contract administrator needs to proactively manage. It can therefore be used as a contract administrator's resource book covering what needs to be done (and why) to keep a construction project on track from a commercial and contractual perspective. It is particularly appropriate for students and new practitioners from varied construction professions and whilst it covers domestic (UK) projects, it will be particularly useful for those studying and working on international projects where terminology, procedures and legal systems may differ from the UK.
The content is split into four parts and is subdivided into easy-to-read chapters replicating the timeline of a project during the construction stage:
Part A covers initiating the construction stage, project delivery mechanisms, contract administration and health and safety management;
Part B covers managing the construction stage, contractor performance and relationship management;
Part C covers finalising the construction stage, project completion and close-out;
Part D covers claims and disputes.
Introduction to Construction Contract Management will be particularly useful for students enrolled on global construction programmes together with international distance learning students and non-cognate graduates starting out on an international career in construction contract administration and quantity surveying.
Автор: Mateja Durovic Название: European Law on Unfair Commercial Practices and Contract Law ISBN: 1782258116 ISBN-13(EAN): 9781782258117 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.
Автор: Rowan Solene Название: Remedies for Breach of Contract ISBN: 0199606609 ISBN-13(EAN): 9780199606603 Издательство: Oxford Academ Рейтинг: Цена: 13622.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This award-winning book is a comprehensive and timely examination of remedies for breach of contract. It analyses and challenges fundamental aspects of English law contractual remedies, drawing upon comparative study of French law and with particular focus on recent developments in both jurisdictions. It also makes suggestions as to how contractual remedies in England might be strengthened.
Автор: Virgo Graham, Worthington Sarah Название: Commercial Remedies: Resolving Controversies ISBN: 1316622142 ISBN-13(EAN): 9781316622148 Издательство: Cambridge Academ Рейтинг: Цена: 6494.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The law of commercial remedies is of practical and academic importance. This book focuses on the fundamental controversies surrounding key commercial remedies and seeks to resolve those controversies in a principled and clear way. Consequently, the book will be of interest to practitioners, judges, academics and students.
Автор: Ewelina Kajkowska Название: Enforceability of Multi-Tiered Dispute Resolution Clauses ISBN: 1509910417 ISBN-13(EAN): 9781509910410 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses the contractual mechanisms requiring parties to exhaust a selected alternative dispute resolution procedure before proceedings in court or arbitration are initiated. The work briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses in arbitration and litigation under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in the area.
Автор: Cook Название: Successful Contract Administration ISBN: 0415844223 ISBN-13(EAN): 9780415844222 Издательство: Taylor&Francis Рейтинг: Цена: 13779.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Learn how contract administration is key to the overall succes of construction projects, and discover the best practice to ensure the best cost, schedule, and quality throughout.
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