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: 642

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: 3878

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: 9789041115454

Category: Law

Page: 406

View: 7021

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.

Chinese Insurance Contracts

Law and Practice

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Author: Zhen Jing

Publisher: Taylor & Francis

ISBN: 1317802543

Category: Law

Page: 840

View: 1155

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.

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: 6426

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

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: 7852

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.

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: 646

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

New Features in Contract Law

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Author: Reiner Schulze

Publisher: Walter de Gruyter

ISBN: 3866537263

Category: Law

Page: 451

View: 6603

Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.

Comparative Law in Practice

Contract Law in a Mid-Channel Jurisdiction

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Author: Duncan Fairgrieve

Publisher: Bloomsbury Publishing

ISBN: 1782257225

Category: Law

Page: 208

View: 3779

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.

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: 4639

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: 7769

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.

Contracting for Space

Contract Practice in the European Space Sector

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Author: Ingo Baumann

Publisher: Routledge

ISBN: 1317160126

Category: Law

Page: 456

View: 378

Recent significant developments in the European space sector have had an impact on business and the growth of national and European commercial space law. This book analyses and assesses the legal issues and key factors influencing the space sector in Europe. It is an up-to-date guide to the regulatory background of space projects and examines the typical legal problems which need to be solved by practitioners in the field. Taking into account public and commercial international law and practice, this book examines substantive issues of law specific to launchers, satellite manufacturers and space service providers with contributions from leading experts and practitioners in the field of European space law and policy.

Contract Law

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Author: Ewan McKendrick

Publisher: Macmillan International Higher Education

ISBN: 1137609265

Category: Law

Page: 434

View: 4180

This best-selling, classic text provides a clear and straightforward account of the basic rules of contract law, while also introducing current debates about the nature, scope and functions of the law and discussing wider controversies surrounding the basic doctrines. Praised by both lecturers and students, Contract Law is compact yet comprehensive, well-written, well-structured, stimulating and engaging. This twelfth edition has been fully revised and updated to reflect various developments in the law, and now also includes ‘Hot topic’ discussion boxes in most chapters. It is essential reading for all students taking undergraduate and GDL/CPE courses in contract law. Ewan McKendrick QC (Hon) is Registrar and Professor of English Private Law at the University of Oxford, UK, where he is also a Fellow of Lady Margaret Hall. He is the author of a number of key works on contract law and commercial law, and is an editor of Chitty on Contracts. He is also a barrister in practice at 3 Verulam Buildings, Gray’s Inn and a Master of the Bench of Gray’s Inn. ‘This remains the best book of its kind on English contract law.’ – Hector MacQueen, Scottish Law Commissioner and Professor of Private Law, University of Edinburgh, UK ‘This is a masterly introduction to the English law of contract being lucid and succinct, accurate and incisive. Every student of the subject will benefit from reading it.’ – Andrew Burrows, Professor of the Law of England, All Souls College, Oxford, UK and author of A Casebook on Contract

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: 507

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.

Contract Law Directions

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Author: Richard Taylor,Damian Taylor

Publisher: Oxford University Press, USA

ISBN: 0198718489

Category: Law

Page: 440

View: 5615

Contract Law Directions is a clear, accessible and well-structured contract law text assuming no previous knowledge of the subject, making this the ideal text for those encountering contract law for the first time. The authors offer a practical, clear exposition of the key concepts and principles covered on undergraduate courses. A wide range of pedagogical features including diagrams and flowcharts elucidate the complex ideas andexamples of commonplace and real-life situations provide a grounded understanding of the law.The book is accompanied by an extensive range of online resources including multiple choicequestions, suggested approaches to answering the questions at the end of each chapter, web links, a glossary of key terms, and electronic versions of diagrams in the book for lecturers.

The JCT 05 Standard Building Contract

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Author: Issaka Ndekugri,Michael Rycroft

Publisher: Routledge

ISBN: 1136357262

Category: Technology & Engineering

Page: 588

View: 523

The Joint Contracts Tribunal's (JCT) Standard Form of Building Contract, one of the most common standard contracts used in the UK to procure building work, is updated regularly to take account of changes in legislation and industry practice and relevant court decisions from litigation. The JCT 05 Standard Building Contract: Law and Administration is a second edition to the authors' earlier award-winning The JCT98 Building Contract: Law and Administration, and clarifies complex issues surrounding obligations and rights under the contract. This makes it an essential reference for construction professionals, employers, contractors, and lawyers new to construction seeking to update and consolidate their knowledge. The book also provides the knowledge and understanding of the contract, which are a fundamental part of the education of most students who go on to become managers and leaders in the construction industry. It thoroughly works through the provisions of the contract in simple language, using case law examples and relevant statute to demonstrate approaches to its interpretation.