The Fundamentals of Contract Law and Clauses

A Practical Approach

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Author: Nancy S. Kim

Publisher: Edward Elgar Publishing

ISBN: 1783479434

Category: Law

Page: 224

View: 4606

This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.

Business Contracts Handbook

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Author: Charles Boundy

Publisher: CRC Press

ISBN: 1317170628

Category: Business & Economics

Page: 442

View: 2616

If money is the lifeblood of business, contracts are the arteries that help carry it around the commercial body. Anyone in business is liable to have to deal with business contracts, but few are trained to do so. Even those that are trained may have experience in limited areas or in the distant past. But the right contract can make a vital difference, not just to recording and enforcing, if need be, the contract terms, but also in ensuring the agreement deals with the real issues and approaches them in a practical way. Finding help in this area is not easy, as the market tends to offer little between serious academic tomes on the one hand and student summaries geared to exams on the other. Business Contracts Handbook fills that gap, covering both the basics of contract law in an accessible style and using a thoroughly practical approach to understanding and negotiating the key terms in a business contract. If you have little prior knowledge, Charles Boundy's many years of experience in drafting and providing guidance on business agreements of all kinds will enable you to acquire a working background quickly. If you have years of experience you will still benefit from a checklist, a reminder of what is important and why, and an easy reference to up-to-date language and drafting - there is always more to learn.

Consentability

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Author: Nancy S. Kim

Publisher: Cambridge University Press

ISBN: 1107164915

Category: Law

Page: 250

View: 9324

Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.

Getting Out of a Contract - A Practical Guide for Business

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Author: Adam Rose,David Leibowitz

Publisher: Routledge

ISBN: 1317128257

Category: Business & Economics

Page: 160

View: 788

This book is written by three commercial lawyers. Their clients often ask them as much for help in getting out of a contract as in getting them into one in the first place. Built around two business case studies, the book highlights the various legal issues that a business must address when faced with a contract it wants to walk away from. In the first instance the business needs to discover whether it is as shackled by a contract as it thinks it is. In many cases a contract is not as binding as it might initially appear - Getting Out of a Contract explains the circumstances in which this applies. It then goes on to explore how to minimize the damage should the agreement be inescapable and helps the reader to understand what the consequences of any actions might be. Written in plain English, the authors manage to demystify complicated aspects of English law for the non-lawyer. This book will help managers to: ¢ address how they make contracts; ¢ avoid making wrong decisions because they fail to appreciate what contracts they actually have or how to get round them; ¢ become more attuned to the legal ins and outs of contracts, enabling them to use lawyers more cost-effectively Company secretaries, finance directors and managers at all levels will find Getting Out of a Contract accessible and an invaluable business planning tool.

Basic Contract Law for Paralegals

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Author: Jeffrey A. Helewitz

Publisher: Aspen Publishers Online

ISBN: 0735587264

Category: Law

Page: 463

View: 8997

Basic Contract Law for Paralegals became the market-leader with its quick, simple, and straightforward introduction to the basics of contract law for paralegal students. The manageable length makes this book ideal for shorter courses. Comprehensive coverage includes a chapter on drafting simple contracts. Clearly written text and lively examples help students understand the law. Well-crafted pedagogy includes chapter overviews, highlighted examples, key terms, review questions, sample clauses for analysis, edited cases, chapter summaries, and end-of-chapter exercises. Ethical problems are presented at the end of each chapter to raise awareness of professional responsibility in practice.The revised Seventh Edition presents new and updated case excerpts, assignments, and examples.Features: quick, simple, straightforward introduction the basics of contract law for paralegal studentscomprehensive coverage includes a chapter on drafting simple contractslively examples help students understand the law well-crafted pedagogychapter overviews highlighted exampleskey termsreview questions sample clauses for analysisedited cases chapter summaries exercises manageable length, ideal for shorter courses.ethical problems at the end of each chapter raise awareness of professional responsibility in practicesample contracts in the Appendix The revised Seventh Edition presents: new and updated case excerpts, assignments, and examples

Beginning Contract Law

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Author: Nicola Monaghan,Chris Monaghan

Publisher: Routledge

ISBN: 1136738754

Category: Law

Page: 176

View: 2322

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Contract Law is all about, Beginning Contract Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Contract Law module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Chris and Nicola Monaghan break the subject of Contract law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Contract Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Practical Guide to the NEC3 Engineering and Construction Contract

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Author: Michael Rowlinson

Publisher: John Wiley & Sons

ISBN: 1119033004

Category: Law

Page: 360

View: 8448

Launched in 1993, the NEC Engineering and Construction Contract has become one of the UK's leading standard forms of contract for major construction and civil engineering projects. The third edition, popularly known as NEC3, is a process based contract embodying project and commercial management best practice, so its basic philosophy differs from the more adversarial approach of other standard construction contracts. Since the first edition of this book, the third edition of the contract has seen the introduction of a new secondary option for use in the UK and amendments to a number of clauses. In addition, in September 2011, changes were introduced to cater for the amendments to the Housing Grants, Construction and Regeneration Act 1996 contained in the Local Democracy, Economic Development and Construction Act 2009, which became effective for all new contracts entered into from 1 October 2011. These amendments have been incorporated into the text. A Practical Guide to the NEC3 Engineering and Construction Contract will be useful to everyone in the construction industry working on a project under this contract. It will be of interest to the complete construction supply chain, including employers, construction professions, contractors and sub-contractors, as well as consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the day to day management or the resolution of problem situations which may arise.

Contract Law Concentrate

Law Revision and Study Guide

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Author: Jill Poole,James Devenney,Adam Shaw-Mellors

Publisher: Oxford University Press

ISBN: 0198803850

Category: Law

Page: 264

View: 4506

If you're serious about exam success, it's time to Concentrate! Contract Law Concentrate is the essential study and revision guide for law students looking for extra marks. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. Packed with essential information, key cases, revision tips and more, Contract Law Concentrate is also supported by extensive online resources to take your learning further (www.oup.com/lawrevision/): - Pinpoint which areas you need to concentrate on with the diagnostic test - Test your knowledge with the multiple-choice questions and receive feedback on your answers - Revise the facts and principles of key cases using the interactive flashcards - Check that you have covered the main points of a topic using the key facts checklists - Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster

Constitutional Values and European Contract Law

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Author: Stefan Grundmann

Publisher: Kluwer Law International B.V.

ISBN: 9041127658

Category: Law

Page: 265

View: 4618

Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.

The Managers Guide to Understanding Indemnity Clauses

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Author: Frank Adoranti

Publisher: Global Professional Publishi

ISBN: 9780852977606

Category: Business & Economics

Page: 88

View: 5004

* Examples are given from 'real life' business situations * Practical information and 'Golden Rules' on what to do and what not to do * Plain English explanations of legal terms This book explains the differences between fair indemnity clauses and those that are unduly onerous and will give readers an understanding of the nature of indemnities and their potentially devastating effects. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem, and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.

A Practical Guide to Software Licensing for Licensees and Licensors

Analyses and Model Forms

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Author: H. Ward Classen

Publisher: American Bar Association

ISBN: 9781590318492

Category: Computers

Page: 651

View: 415

This new Second Edition updates its first edition published in 2005 by examining the fundamental issues that both licensors and licensees confront in the negotiation of a software license. This resource is accompanied by and cross-referenced to an annotated software license. A detailed index and companion CD-ROM is also included for customization of the software license and related forms.

Soft Law in International Arbitration

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Author: Lawrence W. Newman,Michael J. Radine

Publisher: Juris Publishing, Inc.

ISBN: 1937518434

Category: Law

Page: 470

View: 4989

Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."

Practical Guide to Engineering and Construction Contracts

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Author: Philip Loots,Donald Charrett

Publisher: CCH Australia Limited

ISBN: 1921593520

Category: Building laws

Page: 458

View: 3726

This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

Contract as Assumption

Essays on a Theme

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Author: Brian Coote

Publisher: Bloomsbury Publishing

ISBN: 1847317499

Category: Law

Page: 246

View: 4003

It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.

--but where Do i Sign?

A Guide to Understanding the Music Industry and Its Contracts, Copyrights, and Licenses

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Author: Robert J. Nathan,Burgundy Morgan

Publisher: Music Law Press LLC

ISBN: 0982139608

Category: Contracts

Page: 5

View: 5289

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: 9538

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 Law in Sweden

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Author: Eric M. Runesson

Publisher: N.A

ISBN: 9789041160041

Category: Contracts

Page: 176

View: 2749

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Sweden covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Sweden will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Contract Law in New Zealand

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Author: Stephen Todd,Jeremy Finn

Publisher: N.A

ISBN: 9789041188892

Category: Law

Page: 324

View: 494

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.