Does Australia's Unfair Contracts Act Limit Or Enhance Contractual Freedom?

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Does Australia's Unfair Contracts Act Limit Or Enhance Contractual Freedom? by : Ken Phillips

Download or read book Does Australia's Unfair Contracts Act Limit Or Enhance Contractual Freedom? written by Ken Phillips and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In late 2015 Australia banned 'unfair' contract terms between large and small businesses. This article explains the context of the legislation and defends it from a free-market perspective. It argues that the legislation enhances contractual freedom by codifying the elements that define a commercial contract at common law, and so protects the trust that is embedded in the structure of the contract.

The Future of the Commercial Contract in Scholarship and Law Reform

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Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 471 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

Unfair Contract Terms in the Digital Age

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800886179
Total Pages : 240 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Unfair Contract Terms in the Digital Age by : Gardiner, Caterina

Download or read book Unfair Contract Terms in the Digital Age written by Gardiner, Caterina and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.

Chinese Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Chinese Contract Law by : Larry A. DiMatteo

Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Contract Law Minimalism

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Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Contract Law Minimalism by : Jonathan Morgan

Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

The Restraint of Trade Doctrine

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Publisher :
ISBN 13 : 9780409348347
Total Pages : pages
Book Rating : 4.3/5 (483 download)

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Book Synopsis The Restraint of Trade Doctrine by :

Download or read book The Restraint of Trade Doctrine written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Party Autonomy in Private International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

The Unfair Contract Terms Act 1977

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Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis The Unfair Contract Terms Act 1977 by : W. V. H. Rogers

Download or read book The Unfair Contract Terms Act 1977 written by W. V. H. Rogers and published by . This book was released on 1978 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Consumer Law and Policy

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250247
Total Pages : 515 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Consumer Law and Policy by : Iain Ramsay

Download or read book Consumer Law and Policy written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2012-10-25 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.

The Times Law Reports

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Publisher :
ISBN 13 :
Total Pages : 890 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis The Times Law Reports by :

Download or read book The Times Law Reports written by and published by . This book was released on 1913 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Times Law Reports

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Publisher :
ISBN 13 :
Total Pages : 886 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Times Law Reports by : William Frederick Barry

Download or read book Times Law Reports written by William Frederick Barry and published by . This book was released on 1913 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Exploitative Contracts

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Publisher : OUP Oxford
ISBN 13 : 9780198260639
Total Pages : 592 pages
Book Rating : 4.2/5 (66 download)

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Book Synopsis Exploitative Contracts by : Rick Bigwood

Download or read book Exploitative Contracts written by Rick Bigwood and published by OUP Oxford. This book was released on 2003 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Exploitative Contracts' examines the 'essentially contestable' criteria of interpersonal exploitation claims. It puts forward a conception of exploitation: 'legal contractual exploitation', a form of wrongdoing that arises in connection with the formation of contracts.

I'm Not Racist But ... 40 Years of the Racial Discrimination Act

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Publisher : NewSouth
ISBN 13 : 1742242057
Total Pages : 242 pages
Book Rating : 4.7/5 (422 download)

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Book Synopsis I'm Not Racist But ... 40 Years of the Racial Discrimination Act by : Tim Soutphommasane

Download or read book I'm Not Racist But ... 40 Years of the Racial Discrimination Act written by Tim Soutphommasane and published by NewSouth. This book was released on 2015-06-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Australia a 'racist' country? Why do issues of race and culture seem to ignite public debate so readily? Tim Soutphommasane, Australia's Race Discrimination Commissioner, reflects on the national experience of racism and the progress that has been made since the introduction of the Racial Discrimination Act in 1975. As the first federal human rights and discrimination legislation, the Act was a landmark demonstration of Australia's commitment to eliminating racism. Published to coincide with the Act's fortieth anniversary, this book gives a timely and incisive account of the history of racism, the limits of free speech, the dimensions of bigotry and the role of legislation in our society's response to discrimination. With contributions by Maxine Beneba Clarke, Bindi Cole Chocka, Benjamin Law, Alice Pung and Christos Tsiolkas.

Australian journal of legal philosophy

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Publisher :
ISBN 13 :
Total Pages : 484 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Australian journal of legal philosophy by :

Download or read book Australian journal of legal philosophy written by and published by . This book was released on 2000 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Doing Business 2020

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Publisher : World Bank Publications
ISBN 13 : 1464814414
Total Pages : 241 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Doing Business 2020 by : World Bank

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

What if we could reimagine copyright?

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Publisher : ANU Press
ISBN 13 : 1760460818
Total Pages : 344 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis What if we could reimagine copyright? by : Rebecca Giblin

Download or read book What if we could reimagine copyright? written by Rebecca Giblin and published by ANU Press. This book was released on 2017-01-09 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.

Enabling regulatory frameworks for contract farming

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Publisher : Food & Agriculture Org.
ISBN 13 : 9251303355
Total Pages : 139 pages
Book Rating : 4.2/5 (513 download)

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Book Synopsis Enabling regulatory frameworks for contract farming by : Food and Agriculture Organization of the United Nations

Download or read book Enabling regulatory frameworks for contract farming written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2019-03-11 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: FAO’s previous contribution to the development of contract farming saw the publication in 2015 of the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming, which focused on the bilateral relationship between an agricultural producer and a contractor. This Legislative Study develops that research and focuses on the regulatory frameworks for contract farming, aiming to highlight different possible approaches for different contexts. Responsible contract farming can be a powerful tool for small scale farmers in developing countries to move towards larger scalecommercial production. It can create economic wealth, contribute to supply chain efficiency through the production of higher quantities of better quality products, and contribute to achieving domestic food security objectives. Maximizing these benefits while minimizing the inherent risks of contract farming is reliant upon the forging of an enabling environment, a key part of which is the domestic regulatory framework. This Legislative Study provides guidance to domestic regulators and other interested readers on how to appraise and potentially reform domestic regulatory frameworks to achieve responsible contract farming. Recognising that different countries and contextual realties may benefit from different regulatory solutions, this Study provides several examples, supported by representative case studies, on how contract farming can be regulated, without promoting a single solution as the most appropriate. Please visit FAO’s Contract Farming Resource Centre, http://www.fao.org/in-action/contract-farming/en/, which is a regularly updated website hosting a variety of material on contract farming both from FAO and from other recognized authors.