Mediation and Commercial Contract Law, Salehijam, Maryam
Автор: Marcelo Corrales Compagnucci, Mark Fenwick, Stefan Название: Smart Contracts: Technological, Business and Legal Perspectives ISBN: 1509948252 ISBN-13(EAN): 9781509948253 Издательство: Bloomsbury Academic Рейтинг: Цена: 6810.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements.
Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation.
The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.
In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to 'encourage' mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began.
This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further 'juridification' process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.
The book will be of great interest to academics and students of legal theory and dispute resolution.
Описание: Comparing the commercial mediation process in Europe, North America and Australia, and other common, civil and `mixed` jurisdictions, Ronan Feehily analyses the legal and regulatory issues that surround this process. Organised systematically and written in an accessible style, Feehily offers a holistic account of the core principles and themes.
Описание: Comparing the commercial mediation process in Europe, North America and Australia, and other common, civil and `mixed` jurisdictions, Ronan Feehily analyses the legal and regulatory issues that surround this process. Organised systematically and written in an accessible style, Feehily offers a holistic account of the core principles and themes.
Автор: Tiago Andreotti Название: Dispute Resolution in Transnational Securities Transactions ISBN: 1509908463 ISBN-13(EAN): 9781509908462 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Based on author`s thesis (doctoral - European University Institute, 2014).
Автор: Burton, Steven J. Название: Elements of Contract Interpretation ISBN: 0195337492 ISBN-13(EAN): 9780195337495 Издательство: Oxford Academ Рейтинг: Цена: 13939.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions. Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.
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: Gerhart Peter M. Название: Contract Law and Social Morality ISBN: 1107136768 ISBN-13(EAN): 9781107136762 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is for lawyers and scholars who seek to understand how successful relationships, and judicial decisions concerning unsuccessful relationships, reflect the obligation to consider the well-being of others. It provides a practical, intuitive method of identifying and evaluating factors and values that matter when relational disputes arise.
Автор: Salehijam, Maryam Название: Mediation and commercial contract law ISBN: 0367484455 ISBN-13(EAN): 9780367484453 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause.
Автор: DiMatteo Название: Commercial Contract Law ISBN: 1107438586 ISBN-13(EAN): 9781107438583 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is a comparative look at the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on the current debates and trends from the two dominant common law systems.
Автор: Mancuso Название: The Principles of BRICS Contract Law ISBN: 303100843X ISBN-13(EAN): 9783031008436 Издательство: Springer Рейтинг: Цена: 27950.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis.
Автор: DiMatteo Larry A Название: Chinese Contract Law ISBN: 1316629570 ISBN-13(EAN): 9781316629574 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book is written at both the scholarly and practitioner levels. It is a useful reference for those wanting to know more about Chinese contract law, or for those drafting international contracts, and for students interested in the comparative analysis of contract law.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
