Debattista on Bills of Lading in Commodities Trade

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1784510343
Total Pages : 405 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis Debattista on Bills of Lading in Commodities Trade by : Charles Debattista

Download or read book Debattista on Bills of Lading in Commodities Trade written by Charles Debattista and published by Bloomsbury Publishing. This book was released on 2021-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit? When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.

Allocation of Liability for Dangerous Goods under International Trade Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950214
Total Pages : 307 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Allocation of Liability for Dangerous Goods under International Trade Law by : Ahmet Gelgeç

Download or read book Allocation of Liability for Dangerous Goods under International Trade Law written by Ahmet Gelgeç and published by Bloomsbury Publishing. This book was released on 2022-12-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis–declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller. This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

The Straight Bill of Lading

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000934578
Total Pages : 156 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Straight Bill of Lading by : Michiel Spanjaart

Download or read book The Straight Bill of Lading written by Michiel Spanjaart and published by Taylor & Francis. This book was released on 2023-09-22 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague–Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.

Arbitration Clauses in Maritime Contracts

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Publisher : Taylor & Francis
ISBN 13 : 1040049753
Total Pages : 249 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Arbitration Clauses in Maritime Contracts by : Eleni Magklasi

Download or read book Arbitration Clauses in Maritime Contracts written by Eleni Magklasi and published by Taylor & Francis. This book was released on 2024-06-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate. The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation. Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.

Delivery of Goods under Bills of Lading

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Author :
Publisher : Routledge
ISBN 13 : 1134890079
Total Pages : 240 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Delivery of Goods under Bills of Lading by : Anders Møllmann

Download or read book Delivery of Goods under Bills of Lading written by Anders Møllmann and published by Routledge. This book was released on 2016-12-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Probably the core characteristic of a bill of lading is that the original bill of lading must be presented at the port of destination for a consignee to be entitled to delivery of the goods and for the carrier to get a good discharge of its delivery obligation by delivering the goods to said consignee. This notion is accepted virtually worldwide, but the more precise content of the "presentation rule" differs from jurisdiction to jurisdiction. Furthermore, and of importance, the legal basis establishing the "presentation rule" differs. With the technological advances in maritime transport as well as in communications technology and the emergence of more complicated trading patterns, a system where a specific tangible piece of paper issued at the port of loading has to be presented at the port of discharge to obtain delivery of the goods seems almost archaic and can obviously create problems. Thus, in practice very often – especially in some trades such as the oil trade – the bill of lading is not available at the port of discharge when the ship is ready to deliver the cargo. The book will first analyse the "presentation rule", its finer contents and its legal basis. It will then go on with (legal) analyses of three developments and responses to the problems that the bill of lading system gives rise to in practice, viz. the commercial, the international legislature’s, and the technological response. The commercial response analysed here consists of contractual exemption or limitation clauses in the bill of lading set up as a defence against claims for misdelivery. The international legislature’s response denotes the adoption of the Rotterdam Rules which as the first international convention on carriage of goods by sea includes elaborate rules on delivery of the goods. Finally, the technological response denotes the possibility of using electronic (equivalents of) bills of lading. The analyses will include a comparative approach examining both English and Scandinavian law to elucidate the issues with greater clarity.

Maritime Law

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Author :
Publisher : CRC Press
ISBN 13 : 131761688X
Total Pages : 635 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Maritime Law by : Yvonne Baatz

Download or read book Maritime Law written by Yvonne Baatz and published by CRC Press. This book was released on 2014-10-24 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) The coming into force of the 2006 Maritime Labour Convention and the Merchant Shipping Regulations 2014 The approval of the 2012 edition of the Norwegian Sale Form Regulation 100/2013 heavily amending Regulation 1406/2002 establishing the European Maritime Safety Agency Greater detail on piracy in the Public International Law chapter and discussion of the M/V Louisa, ARA Libertad and Arctic Sunrise cases in the International Tribunal for the Law of the Sea Expanded sections in the marine insurance chapter Analysis of recent cases including Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd; Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Griffon Shipping Ltd. v Firodi Shipping Ltd. This book is a comprehensive reference source for students, academics, and legal practitioners worldwide, especially those new to maritime law or a particular field therein.

The Rotterdam Rules and International Trade Law

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Author :
Publisher : Routledge
ISBN 13 : 1351629921
Total Pages : 250 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis The Rotterdam Rules and International Trade Law by : Ioanna Magklasi

Download or read book The Rotterdam Rules and International Trade Law written by Ioanna Magklasi and published by Routledge. This book was released on 2018-08-15 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original academic study of the Rotterdam Rules. It analyses the salient articles that will have an impact on international sale contracts governed by English law, including the most popularly used international law instruments, terms and standard sale contracts. Looking beyond the legal relationship of carrier-shipper and carrier-receiver, this book examines the important articles of the Rotterdam Rules that affect the ability of the trading protagonists to perform their sale contract.

Transport Law in Australia

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403513373
Total Pages : 281 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Transport Law in Australia by : John Livermore

Download or read book Transport Law in Australia written by John Livermore and published by Kluwer Law International B.V.. This book was released on 2023-08-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Livermore’s succinct monograph provides a useful overview of Australian transport law, as of July 2017...This is a readable and useful publication which provides a good summary of Australian transport law. Simon Baughen, Professor of Shipping Law, Swansea University /Artho Cyraith Llongau. Extract from full review of the 3rdedition in Journal of International Maritime Law, January 2020 Transport Law in Australia is a clear and well researched resource covering all modes of transport. It should be the first port of call for logistic professionals, transport lawyers and students when seeking to understand the legalities of transport in Australia. Russell Wiesse, Director CTG Law This updated edition of Transport Law in Australia describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries. The scope of the book is broad in that it encompasses maritime, road, rail, air, and multimodal transport law. Almost half the book is devoted to maritime and shipping law which, for an island nation with over 95% of its international trade carried by sea, is as important as it is unsurprising. Whilst works of this nature have the potential to be a ‘dry’ read, in this case the author has taken an approach which makes the book eminently readable and usable. The text is well supported by in-depth research and enhanced with comprehensive referencing, footnotes, tables of cases and statutes, as well as a selected bibliography. With Australian society and the economy vitally dependent on all modes of transport this book will be a valuable addition for many in the transport community. This includes transport operators, shippers and freight forwarders, transport regulators and lawyers, as well as academics, researchers and students engaged in the study of transport. The author’s practical and masterful approach to the subject should go a long way to ensuring the success of Transport Law in Australia as well as being a valuable addition to the body of literature on this important topic. Barrie Lewarn, Professor, Australian Maritime College, National Centre for Ports and Shipping, University of Tasmania Review of the 2nd edition of Transport Law in Australia

Maritime Letters of Indemnity

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Author :
Publisher : CRC Press
ISBN 13 : 1317915801
Total Pages : 228 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Maritime Letters of Indemnity by : Felipe Arizon

Download or read book Maritime Letters of Indemnity written by Felipe Arizon and published by CRC Press. This book was released on 2014-05-23 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of: The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where letters of indemnity are used GAFTA sale contract forms and standard letter of indemnity P&I Clubs forms The enforceability of maritime letters of indemnity The rights and liabilities for sellers, buyers, banks and ship owners which arise from the use of letters of indemnity The impact on the system based on the use of bills of lading and on electronic bills of lading Policy issues arising from the use of letters of indemnity in practice and of the practicalities of litigation involving letters of indemnity. As the only text currently on the market covering maritime letters of indemnity in such detail, this book will be an indispensable guide for maritime lawyers, professionals and academics alike, as well as shipowners, charterers, commodity traders and trade finance professionals

Arbitration Clauses and Third Parties

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000899772
Total Pages : 323 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Arbitration Clauses and Third Parties by : Asli Arda

Download or read book Arbitration Clauses and Third Parties written by Asli Arda and published by Taylor & Francis. This book was released on 2023-07-18 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.

Chalmers' Marine Insurance Act 1906

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1780436440
Total Pages : 632 pages
Book Rating : 4.7/5 (84 download)

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Book Synopsis Chalmers' Marine Insurance Act 1906 by : Simon Rainey

Download or read book Chalmers' Marine Insurance Act 1906 written by Simon Rainey and published by Bloomsbury Publishing. This book was released on 2019-04-26 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chalmers' Marine Insurance Act 1906 is far more than a piece of annotated legislation; it includes case law with analysis and puts the decisions made in the individual cases into the context of Act. There is no other book or electronic service that does this. As marine insurance is encompassed by the Marine Insurance Act 1906 this book provides the user with an unrivalled guide to, and understanding of how the Act has evolved and how it is implemented in practice. It is a desk top, every day reference tool for anyone involved in any of the aspects of marine insurance. The new edition provides a new commentary reflecting the amendments to the Marine Insurance Act 1906 brought about the Insurance Act 2015. Important cases that are analysed include: · The DC Merwestone · The B Atlantic · Axa v Arig · The Cendor MOPU · The Bunga Melati Dua Previous ISBN: 9781845925949

International Commercial Sales: The Sale of Goods on Shipment Terms

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317662385
Total Pages : 561 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis International Commercial Sales: The Sale of Goods on Shipment Terms by : Andrea Lista

Download or read book International Commercial Sales: The Sale of Goods on Shipment Terms written by Andrea Lista and published by Taylor & Francis. This book was released on 2016-11-18 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.

Bills of Lading in Export Trade

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Author :
Publisher : Bloomsbury Professional
ISBN 13 : 9781845923150
Total Pages : 0 pages
Book Rating : 4.9/5 (231 download)

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Book Synopsis Bills of Lading in Export Trade by : Charles Debattista

Download or read book Bills of Lading in Export Trade written by Charles Debattista and published by Bloomsbury Professional. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: concise, well-argued answers...extremely useful addition to the armoury of practitioner and academic alike... Cambridge Law Journal The new third edition of Professor Charles Debattista's well-respected book takes a unique look at the sale of goods carried by sea under bills of lading It looks at the document as an instrument of international trade, concentrating on the different things that sellers, buyers and banks want out of bills of lading. It also looks at the practical and legal problems which arise when the sale, carriage and letter of credit contracts do not agree on what the bill of lading should look like Fundamental developments covered Since the last edition several cases have come to the English courts re-examining fundamental practical problems with bills of lading- * Must a straight bill of lading be presented for delivery of goods> * When can a carrier clause a bill Does the letter of credit help in identifying the carrier under a bill of lading? These questions lie at the centre of the sometimes difficult connections between the contracts of sale, carriage and letter of credit No shipping or international trade practitioner should be without a copy of this book Important changes since the last edition * The UCP600 and the ensuing change of rules regulating the tender of shipping documents under letters of credit * The Starsin 2003 1 Lloyd's Rep 571 on identity of the carrier and the link with letters of credit * The Rafaela S 2005 Lloyd's Rep 347 on what is a document of title * Scottish & Newcastle v Ghalanos 2008 UKHL11 on the nature of an fob contract * The Ythan 2006 1 Lloyd's Rep 457 on the liability of a receiver of goods towards the carrier * Incoterms 2000 Rules of practice regarding international sales, revising the 1990 version * Uniform Customs and Practice for Documentary Credits (UCP600)

Cases and Materials on the Carriage of Goods By Sea

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Author :
Publisher : Routledge
ISBN 13 : 1135335605
Total Pages : 499 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Cases and Materials on the Carriage of Goods By Sea by : Martin Dockray

Download or read book Cases and Materials on the Carriage of Goods By Sea written by Martin Dockray and published by Routledge. This book was released on 2013-03-04 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases Materials on the Carriage of Goods by Sea includes a collection of legislative material, standard form contracts and up-to-date coverage of English case law. It covers the major areas of chartering and bills of lading, as well as matters such as exclusion and limitation of liability. This edition has been comprehensively updated and adds the latest cases to its strong coverage of classic authorities. Notable additions in the chapters dealing with bills of lading include The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. On the Carriage of Goods by Sea Act 1992, the important decisions of The Berge Sisar and East West Corp are incorporated, while key recent decisions on chartering, such as The Hill Harmony, The Happy Day and The Stolt Spur are fully treated. This book provides an up-to-date collection of materials relating to the carriage of goods by sea which will be of value to both students of law and legal practitioners.

Sale of Goods Carried by Sea

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Author :
Publisher : Lexis Law Publishing (Va)
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Sale of Goods Carried by Sea by : Charles Debattista

Download or read book Sale of Goods Carried by Sea written by Charles Debattista and published by Lexis Law Publishing (Va). This book was released on 1990 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Marine Insurance Act, 1906

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Author :
Publisher : London : W. Clowes
ISBN 13 :
Total Pages : 242 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Marine Insurance Act, 1906 by : Great Britain

Download or read book The Marine Insurance Act, 1906 written by Great Britain and published by London : W. Clowes. This book was released on 1907 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commercial Contract Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Commercial Contract Law by : Larry A. DiMatteo

Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.