Contract Law

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The Interaction Of Contract Law And Tort And Property Law In Europe

Author : Christian von Bar
ISBN : 9783935808200
Genre : Law
File Size : 77.45 MB
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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.
Category: Law

Principles Of European Contract Law And Italian Law

Author : Luisa Antoniolli
ISBN : 9789041123725
Genre : Law
File Size : 26.86 MB
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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
Category: Law

Contract Law

Author : T. T. Arvind
ISBN : 9780198703471
Genre :
File Size : 32.45 MB
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A uniquely practical approach to contract law; the problem-based focus helps students to unfold the problem, reveal the law, and apply to life. Using this new and innovative textbook, students are given a problem scenario to unfold; as they do this they will understand the questions and issues surrounding each area of contract law. As they explore the problem, they encounter clear explanations which reveal the key legal concepts underpinning the relevant topic, to help them understand the operation of the law. Further illustrations and references to the problem apply the law, enabling students to see for themselves how the law interacts with everyday life and business, giving them a deep and practical grasp of the law. Engaging and thought-provoking, this is the most practically applied contract law textbook.
Category:

Contract Law In Perspective

Author : Linda Mulcahy
ISBN : 185941771X
Genre : Law
File Size : 77.3 MB
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This book approaches contract law from its social, political and economic context and by doing so aims to broaden understanding and appreciation of the subject at a level which is suitable for students. Legal and business perspectives are introduced, as are some sociological and economic ideas and influences.
Category: Law

The Principles Of European Contract Law Part Iii And Dutch Law

Author : Harriët N. Schelhaas
ISBN : 9789041124951
Genre : Law
File Size : 29.40 MB
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The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.
Category: Law

Basic Contract Law For Paralegals

Author : Jeffrey A. Helewitz
ISBN : 9780735587267
Genre : Law
File Size : 80.75 MB
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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
Category: Law

Contract Law In Hong Kong

Author : Michael J. Fisher
ISBN : 9622098657
Genre : Law
File Size : 21.52 MB
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The first comprehensive textbook on contract law for more than ten years. 16 chapters cover all basic contract concepts with particular emphasis placed on what makes Hong Kong law different from other common law jurisdictions.
Category: Law

Sourcebook On Contract Law

Author : Oughton
ISBN : 9781843141518
Genre : Law
File Size : 21.96 MB
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This book examines the role and function of the law of contract, comparing it with other aspects of the law of obligations. It also covers the issues of contract formation such as the enforcement of promises, agreement and good faith; the construction and context of contracts; adjustments in long term relationships; the control of contract power and remedies for breach of contract
Category: Law

New Features In Contract Law

Author : Reiner Schulze
ISBN : 9783866537262
Genre : Law
File Size : 69.76 MB
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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.
Category: Law

The Architecture Of European Codes And Contract Law

Author : Stefan Grundmann
ISBN : 9789041125309
Genre : Law
File Size : 29.66 MB
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The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
Category: Law

Chinese Contract Law

Author : Mo Zhang
ISBN : 9789004150416
Genre : Law
File Size : 33.44 MB
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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.
Category: Law

Framing Contract Law

Author : Victor P. Goldberg
ISBN : 0674023129
Genre : Law
File Size : 79.75 MB
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The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Category: Law

Peicl

Author : Project Group Restatement of European Insurance Contract Law
ISBN : 9783866530690
Genre : Law
File Size : 70.2 MB
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In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
Category: Law

Constitutional Values And European Contract Law

Author : Stefan Grundmann
ISBN : 9789041127655
Genre : Law
File Size : 34.38 MB
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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.
Category: Law

Indirect Representation In European Contract Law

Author : Danny Busch
ISBN : 9789041123428
Genre : Law
File Size : 21.25 MB
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Over the last few years increasing attention continues to be paid to the Principles of European Contract Law (otherwise known as the Principles, the Lando Principles or PECL). The drafters of the Principles presented their work in the form of articles accompanied by explanatory notes, averring that the main purpose of the instrument is to serve as a basis for a future European contract law. Can the Lando Principles, as their drafters claim, indeed offer an acceptable basis for a future European contract law? Dr. Busch, both scholar and practitioner, offers a detailed analysis, in response to this question, of the contractual aspects of indirect representation (Arts. 3:301-304 PECL). He evaluates these provisions in the light of Dutch, German, and English law, as well as with reference to the Geneva Convention on Agency in the International Sale of Goods. To introduce this important comparative study and make the background as complete as possible, this book devotes separate chapters to thorough discussions of indirect representation in Dutch law (middellijke vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law (mittelbare Stellvertretung) and in the English doctrine of the undisclosed principal. Lawyers in Europe and elsewhere who must deal with contract law in any connection, will find this thoroughly researched and well-thought-out text to be indispensable. Its value as a scholarly analysis can only grow with the coming years. D. Busch (b. 1974) graduated (cum laude) in Dutch law from the University of Utrecht in 1997. He attained the title of Magister Juris in European and Comparative Law at the University of Oxford (St. John's College) in 1998, and defended his dissertation in 2002 at the University of Utrecht. Until the end of 2001 he was attached as lecturer and researcher to the Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as an attorney-at-law for the law office of De Brauw Blackstone Westbroek in Amsterdam. He has also been an honorary senior lecturer at the Molengraaff Institute since 2004. Principles of European Contract Law 3
Category: Law

Principles Of European Contract Law

Author : Commission on European Contract Law
ISBN : 9789041119612
Genre : Law
File Size : 22.68 MB
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This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.
Category: Law

Readings In The Economics Of Contract Law

Author : Victor P. Goldberg
ISBN : 0521349206
Genre : Business & Economics
File Size : 62.97 MB
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This collection brings together some of the main contributions to an important area of this work, the economics of contract law.
Category: Business & Economics

Fundamental Rights In European Contract Law

Author : Chantal Mak
ISBN : 9789041126719
Genre : Law
File Size : 88.29 MB
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Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.
Category: Law

Construction Contract Law

Author : John J. P. Krol
ISBN : 0471574147
Genre : Technology & Engineering
File Size : 39.55 MB
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A straightforward description providing readers with a guide to contract law as it relates to construction contracting. Thoroughly explains when a lawyer may or may not be needed and offers guidance for working with one. Prior notice provisions, no damage for delay clauses and conditional payment provisions are among the topics covered. Includes hundreds of actual construction cases.
Category: Technology & Engineering

Opinion Writing In Contract Law

Author : Carron Ann Russell
ISBN : 9781843142775
Genre : Law
File Size : 31.42 MB
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This book has been written for undergraduate students, those on vocational courses as well as the young practitioner. The book considers the various component parts of a contractual agreement. It sets out in simple terms the elements in the formation of a contract, the parties, consideration, standard terms, exemption, mistake, misrepresentation, illegality, performance, breach and frustration. It also takes into account the remedies of specific performance, discharge and damages. The areas of remoteness, foreseeability and the relevant heads which may affect the quantum of damages are discusse.
Category: Law