Contract Law and Contract Practice

Bridging the Gap Between Legal Reasoning and Commercial Expectation

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Author: Catherine Mitchell

Publisher: A&C Black

ISBN: 1782253130

Category: Law

Page: 308

View: 7681

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.

Chinese Contract Law

Theory and Practice

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Author: Mo Zhang

Publisher: BRILL

ISBN: 9004150412

Category: Law

Page: 372

View: 6429

This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.

Contract Law and Practice

The English System and Continental Comparisons

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Author: Michael H. Whincup

Publisher: N.A

ISBN: 9789041102133

Category: Law

Page: 338

View: 9239

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.

Contract Formation

Law and Practice

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Author: Michael Furmston,G.J. Tolhurst

Publisher: Oxford University Press, USA

ISBN: 0199284245

Category: Law

Page: 421

View: 3264

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.

Chinese Insurance Contracts

Law and Practice

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Author: Zhen Jing

Publisher: Taylor & Francis

ISBN: 1317802543

Category: Law

Page: 840

View: 4286

Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and – significantly – in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.

Contract Law and Practice

The English System and Continental Comparisons

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Author: Michael H. Whincup

Publisher: N.A

ISBN: 9789041115454

Category: Law

Page: 406

View: 1139

Contract Law and Practice is first and foremost a notably clear and well-illustrated exposition of the rules and attitudes of English contract law. It is moreover exceptional in emphasising the UK's membership of the European Union and seeking accordingly to give British lawyers an insight into equivalent Continental rules, while providing their Continental counterparts with a straightforward introduction to English law and its ways of thought. Special features include: Clarity of expression and text (no footnotes!); Nearly 150 cases added since the third edition, including more than 30 reported in 2000; Many examples of the terms of standard form contracts, considering their actual or possible effect and introducing students to current commercial practice. Particularly important issues include provisions as to risk, retention of title clauses, exclusion clauses, entire agreement clauses, and letters of credit; Full treatment of the fundamental and familiar principles of the law, together with recent and forthcoming UK and EU reforms as to third party rights, consumer protection, etc.; For those interested to look beyond the limits of their own systems, there are concise and updated commentaries at the end of every chapter on comparable aspects of Danish, Dutch, French, German, Italian, Spanish, and Swedish law, written by distinguished practitioners and academics in those countries; The book provides further comparative material in the many instructive references to Scottish, Commonwealth, and American contract cases, and to the Vienna Convention on Contracts for the International Sale of Goods.

Principles of European Contract Law and Italian Law

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Author: Luisa Antoniolli,Anna Veneziano

Publisher: Kluwer Law International B.V.

ISBN: 9041123725

Category: Law

Page: 518

View: 6386

To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2

The Theory of Contract Law

New Essays

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Author: Peter Benson

Publisher: Cambridge University Press

ISBN: 9780521640381

Category: Law

Page: 349

View: 3611

Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.

Information requirements and formation of contract in the Acquis communautaire

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Author: Reiner Schulze,Martin Ebers,Hans Christoph Grigoleit

Publisher: Mohr Siebeck

ISBN: 9783161481260

Category: Law

Page: 314

View: 3193

English summary: The essays collected here investigate the extent to which existing EC private law, the 'Acquis Communautaire', outlines general guidelines for the future development of European contract law. The work documents the results of new research carried out by the Acquis Group. The Acquis Communautaire is analyzed with the aim of revealing common principles as a basis for further harmonization of European contract law. Thus the essays give preliminary answers to the Action Plan of the European Commission, dating from February 2003, which calls for a 'more coherent European contract law'. German description: Dieser Band erhalt besondere Aktualitat durch den im Februar 2003 von der Europaischen Kommission vorgelegten Aktionsplan Ein koharenteres europaisches Vertragsrecht. Vor diesem Hintergrund gehen die Autoren der englischen und deutschen Beitrage der Frage nach, inwieweit aus dem bestehenden Gemeinschaftsrecht, dem sog. Acquis communautaire, verallgemeinerbare Leitlinien fur die kunftige Entwicklung des europaischen Privatrechts gewonnen werden konnen. Der Band beruht auf den Ergebnissen einer Tagung, die im Januar 2003 bei der Europaischen Rechtsakademie Trier in Kooperation mit der kurzlich gegrundeten Acquis-Group stattgefunden hat. Mit Beitragen von: Reiner Schulze, Dieter Kraus, Judith Rochfeld, Dimitri Houtcieff, Hans Schulte-Nolke, Thomas Pfeiffer, Silvia Ferreri, Peter Bydlinski, Paulo Mota Pinto, Martin Ebers, Sjef van Erp, Hans Christoph Grigoleit, Matthias E. Storme, Thomas Wilhelmsson, Hans-Peter Schwintowski und Ulrich Magnus

General Clauses and Standards in European Contract Law

Comparative Law, EC Law and Contract Law Codification

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Author: Stefan Grundmann,Denis Mazeaud

Publisher: Kluwer Law International B.V.

ISBN: 9041124322

Category: Law

Page: 218

View: 4633

General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

Contract Law

Rules, Theory, and Context

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Author: Brian Bix,Brian H. Bix

Publisher: Cambridge University Press

ISBN: 0521850460

Category: Law

Page: 202

View: 4206

This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout.

FIDIC Contracts: Law and Practice

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Author: Ellis Baker,Ben Mellors,Scott Chalmers,Anthony Lavers

Publisher: CRC Press

ISBN: 131791189X

Category: Law

Page: 624

View: 2456

FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and 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. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386

FIDIC Contracts

Law and Practice

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Author: Ellis Baker,Ben Mellors,Scott Chalmers,Anthony Lavers

Publisher: Informa Law

ISBN: 9781843116288

Category: Law

Page: 583

View: 6106

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 in Perspective

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Author: Linda Mulcahy

Publisher: Routledge

ISBN: 1134066759

Category: Law

Page: 264

View: 1584

Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.

Construction Contract Law

The Essentials

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Author: Mr John Adriaanse

Publisher: Macmillan International Higher Education

ISBN: 0230366015

Category: Law

Page: 440

View: 803

In Construction Contract Law, Adriaanse tackles the key aspects of this subject with total clarity and precision. The book first examines the nature of construction contracts and then takes the reader through each aspect of the construction process, explaining its significance to the practice of contract law and the reasoning behind it. This third edition has been thoroughly updated to incorporate recent developments and now includes proposed amendments to the Housing Grants, Construction and Regeneration Act 1996. Students at undergraduate, postgraduate and construction professional level, as well as contractors, subcontractors and suppliers in the industry, will find this to be an invaluable resource for understanding the workings of a construction contract.

Legal and Contractual Procedures for Architects

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Author: Robert Greenstreet,David Chappell,Michael Dunn

Publisher: Routledge

ISBN: 1135142165

Category: Architecture

Page: 108

View: 2306

A practical guide which provides a route map through the legal and contractual maze of everyday architectural practice. Clear flow-charts, checklists, guides to action and sample documents enable the reader to find essential information at a glance. Highly selective bibliographies list precise references for more detailed study. This fifth edition has been comprehensively revised to deal with the recent changes in legislation and protocol and includes a new section on adjudication.

The Interaction of Contract Law and Tort and Property Law in Europe

A Comparative Study

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Author: Christian von Bar,Ulrich Drobnig

Publisher: Walter de Gruyter

ISBN: 386653731X

Category: Law

Page: 573

View: 1686

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.