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Contract Clauses
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Book Synopsis The Fundamentals of Contract Law and Clauses by : Nancy S. Kim
Download or read book The Fundamentals of Contract Law and Clauses written by Nancy S. Kim and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Construction Contracts Book by : Daniel S. Brennan
Download or read book The Construction Contracts Book written by Daniel S. Brennan and published by American Bar Association. This book was released on 2008 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. The ConsensusDocs forms replace many of the forms previously issued by the Associated General Contractors of America (AGC). Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms by providing: - An easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements - Proposed alternative language for situations where the form contract approach may not provide the best solution - List comparing the most significant provisions from each of these forms (on the CD-ROM)
Book Synopsis Drafting International Contracts by : Marcel Fontaine
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.
Book Synopsis Arbitration Clauses for International Contracts - 2nd Edition by : Paul D. Friedland
Download or read book Arbitration Clauses for International Contracts - 2nd Edition written by Paul D. Friedland and published by Juris Publishing, Inc.. This book was released on 2007-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
Book Synopsis The Freshfields Guide to Arbitration Clauses in International Contracts by : Jan Paulsson
Download or read book The Freshfields Guide to Arbitration Clauses in International Contracts written by Jan Paulsson and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.
Book Synopsis GPO Contract Terms by : United States. Government Printing Office
Download or read book GPO Contract Terms written by United States. Government Printing Office and published by . This book was released on 1987 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis General Clauses and Standards in European Contract Law by : Stefan Grundmann
Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Manual of Style for Contract Drafting by : Kenneth A. Adams
Download or read book A Manual of Style for Contract Drafting written by Kenneth A. Adams and published by American Bar Association. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.
Book Synopsis Understanding and Negotiating Book Publication Contracts by : Brianna Schofield
Download or read book Understanding and Negotiating Book Publication Contracts written by Brianna Schofield and published by . This book was released on 2018 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.
Book Synopsis Kirsch's Guide to the Book Contract by : Jonathan Kirsch
Download or read book Kirsch's Guide to the Book Contract written by Jonathan Kirsch and published by . This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kirsch's Guide to the Book Contract is a comprehensive clause by clause guide to the standard (and not so standard) book contract. Award winning attorney and author Jonathan Kirsch sweeps away the confusing verbiage and cuts to the key points. Kirsch's guide is an indispensable tool for every writer, publisher, editor and agent, whether novice or vet.
Book Synopsis Negotiating and Drafting Contract Boilerplate by : Tina L. Stark
Download or read book Negotiating and Drafting Contract Boilerplate written by Tina L. Stark and published by ALM Publishing. This book was released on 2003 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Download or read book Contracts written by Richard Stim and published by Nolo. This book was released on 2021-09-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life has become an endless series of contracts—this is the manual. There’s no reason to risk your hard-earned money signing a contract you don’t understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you’ll grasp mysterious concepts like “force majeur,” “indemnity,” and “time is of the essence." Contracts: The Essential Business Desk Reference is more than just an A–Z explanation of over 300 terms. It also includes: common negotiating strategies examples of contract provisions sample contract clauses and entire contracts examples of illegal and dangerous contract clauses what to expect if you or the other side breaks a contract up-to-date explanations of electronic contracts, and tips on amending and modifying agreements. Whether you’re starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students—and anyone else whose success is built around understanding and negotiating agreements.
Book Synopsis The Adaptation of Long-Term Gas Sale Agreements by Arbitrators by : Pietro Ferrario
Download or read book The Adaptation of Long-Term Gas Sale Agreements by Arbitrators written by Pietro Ferrario and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial gas sale agreements are often characterised by a duration of twenty years or more. Consequently, when unforeseen events alter market conditions the contractual equilibrium originally found by the parties is disrupted, giving rise to the necessity to renegotiate and adapt the agreement. If negotiation fails, the parties in most cases submit the matter to arbitration. This comprehensive analysis of what can happen under such circumstances proceeds from an in-depth consideration of the power of arbitrators to intervene on the agreement in the light of arbitrability and procedural law. The author fully explains the complex special nature of gas pricing and contract clauses, and takes into account such features as the following, especially in the wake of the 2009 crisis as it affected the gas sector: - take or pay clauses; - mechanisms for gas price calculation; - price review and price re-opener clauses; - hardship provisions; - problems arising from the absence of a specific clause providing for adaptation/adjustment; - effect on contracts of the emergence and development of spot or traded gas markets; and - trend toward introducing spot-market elements into an oil-indexed price formula. The analysis draws on interviews with lawyers and arbitrators who have been involved in recent proceedings regarding gas sale contract adaptations, and also considers court decisions issued in setting aside or enforcing arbitration awards handed down in energy disputes. A central discussion throughout this book is the possible responses to the question of whether it is possible to determine a principle of law justifying the arbitrator’s power to intervene in contract adaptation. All professionals involved in the production, wholesaling, or distribution of gas will find this book indispensable. It will also be of special value to practitioners, policymakers, and regulators in the fields of energy law and environmental law.
Book Synopsis Force Majeure and Hardship Under General Contract Principles by : Christoph Brunner
Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Book Synopsis The Elements of Contract Drafting with Questions and Clauses for Consideration by : George W. Kuney
Download or read book The Elements of Contract Drafting with Questions and Clauses for Consideration written by George W. Kuney and published by West Academic Publishing. This book was released on 2006 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a practical, to-the-point text covering the fundamental working parts of a contract and how one should be prepared. It provides an overview of the issues and processes involved in drafting contracts and transactional documents. It enables students to analyze the basic structure of contracts and other deal documents and develop the macro and micro techniques used to efficiently create those documents with precision and clarity. It provides the principles necessary for an understanding of the common structures of transactional documents and their provisions that can then be applied to specific transactions. This book also covers some of the substantive laws that may affect contracts."--Publisher's website.
Book Synopsis Drafting and Negotiating Commercial Contracts by : Mark Anderson
Download or read book Drafting and Negotiating Commercial Contracts written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2023-02-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Book Synopsis The Contract Negotiation Handbook by : Stephen Guth
Download or read book The Contract Negotiation Handbook written by Stephen Guth and published by Lulu.com. This book was released on 2007-12-20 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.