Fixing Unfair Contracts

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

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Book Synopsis Fixing Unfair Contracts by : Omri Ben-Shahar

Download or read book Fixing Unfair Contracts written by Omri Ben-Shahar and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Various doctrines of contract and consumer protection law allow courts to strike down unfair contract terms. A large literature has explored the question which terms should be viewed as unfair, but a related question has never been studied systematically - what provision should replace the vacated unfair term? How should a distributively unfair contract be fixed? This Article demonstrates that the law uses three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the minimally tolerable term, which preserves the original term as much as is tolerable. The Article explores in depth the third criterion - the minimally tolerable term - under which the smallest intervention that is necessary is applied. This criterion, which has received no prior scholarly notice, is surprisingly prevalent in legal doctrine. The Article surveys its ubiquity and explores its conceptual and normative underpinnings.

Unfair Contracts

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Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Unfair Contracts by : Sinai Deutch

Download or read book Unfair Contracts written by Sinai Deutch and published by . This book was released on 1977 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Remedies for Breach of Contract

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Publisher : Oxford University Press
ISBN 13 : 019107442X
Total Pages : 694 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Remedies for Breach of Contract by : Mindy Chen-Wishart

Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-11 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Stanford Law Review: Volume 63, Issue 4 - April 2011

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Publisher : Quid Pro Books
ISBN 13 : 1610270681
Total Pages : 500 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Stanford Law Review: Volume 63, Issue 4 - April 2011 by : Stanford Law Review

Download or read book Stanford Law Review: Volume 63, Issue 4 - April 2011 written by Stanford Law Review and published by Quid Pro Books. This book was released on 2011-05-10 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This issue of the Stanford Law Review contains studies of law, history, and social policy by recognized scholars on such diverse topics as fixing unfair contracts (by Omri Ben-Shahar), using DNA forensics to identify family members in criminal cases and other legal matters (by Natalie Ram), and the ethics of lawyers holding onto real evidence such as guns,tapes, and drugs (by Stephen Gillers). In addition, extensive student work explores the history of religious freedom and the First Amendment, as well as the use of amicus curiae briefs in the Supreme Court after an opinion below is abandoned by a party. The Stanford Law Review was organized in 1948. Each year the Law Review publishes one volume, which appears in six separate issues between December and July. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. The current volume is 63, for the academic year 2010-2011, and the present compilation, in ebook form, represents Issue 4 for April 2011. In the ebook editions, all footnotes, graphs, and Tables of Contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.

Contents of Contracts and Unfair Terms

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Publisher : Oxford University Press, USA
ISBN 13 : 0198850425
Total Pages : 689 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Contents of Contracts and Unfair Terms by : Mindy Chen-Wishart

Download or read book Contents of Contracts and Unfair Terms written by Mindy Chen-Wishart and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This third volume deals with the contents of contracts and unfair terms.

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.

Contracts

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Publisher : Nolo
ISBN 13 : 1413328938
Total Pages : 497 pages
Book Rating : 4.4/5 (133 download)

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Book Synopsis Contracts by : Richard Stim

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.

Business Law I Essentials

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Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Exclusion Clauses and Unfair Contract Terms

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Publisher : Sweet & Maxwell
ISBN 13 : 0414045769
Total Pages : 368 pages
Book Rating : 4.4/5 (14 download)

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Book Synopsis Exclusion Clauses and Unfair Contract Terms by : R. G. Lawson

Download or read book Exclusion Clauses and Unfair Contract Terms written by R. G. Lawson and published by Sweet & Maxwell. This book was released on 2011 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.

Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1139576631
Total Pages : 217 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Contract Law by : Brian H. Bix

Download or read book Contract Law written by Brian H. Bix and published by Cambridge University Press. This book was released on 2012-10-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.

Business and Commerce Code

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (68 download)

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Book Synopsis Business and Commerce Code by : Texas

Download or read book Business and Commerce Code written by Texas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Unfair Contract Terms in European Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313485
Total Pages : 246 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Unfair Contract Terms in European Law by : Paolisa Nebbia

Download or read book Unfair Contract Terms in European Law written by Paolisa Nebbia and published by Bloomsbury Publishing. This book was released on 2007-02-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.

Internationalization of Consumer Law

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Publisher : Springer
ISBN 13 : 3319453122
Total Pages : 97 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Internationalization of Consumer Law by : Mateja Durovic

Download or read book Internationalization of Consumer Law written by Mateja Durovic and published by Springer. This book was released on 2016-11-11 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.

Journal of Legal Analysis

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Publisher :
ISBN 13 : 9780674063532
Total Pages : 0 pages
Book Rating : 4.0/5 (635 download)

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Book Synopsis Journal of Legal Analysis by : Richard Craswell

Download or read book Journal of Legal Analysis written by Richard Craswell and published by . This book was released on 2011-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by the John M. Olin Center for Law, Economics, and Business at Harvard Law School and Harvard University Press, the JLA is a peer-reviewed publication on law. It aspires to be broad in coverage, including doctrinal legal analysis and interdisciplinary scholarship. JLA articles are free online and available for sale in bound issues. Volume 2, Issue 2 contains contributions from Yair Listokin, Eric Posner, Kathryn Spier, Adrian Vermeule, Alan Sykes, Benito Arruñada, Theodore Eisenberg, Michael Heise, Ncole Waters & Martin Wells, J. Mark Ramseyer, and Jonathan Masur. http://jla.hup.harvard.edu

Private Autonomy in Germany and Poland and in the Common European Sales Law

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Publisher : Walter de Gruyter
ISBN 13 : 3866539630
Total Pages : 136 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Private Autonomy in Germany and Poland and in the Common European Sales Law by : Tim Drygala

Download or read book Private Autonomy in Germany and Poland and in the Common European Sales Law written by Tim Drygala and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private autonomy is a fundamental principle of civil law - even more against the background of increasing Europeanisation. How is this principle implemented in the Proposal for a Common European Sales Law (CESL), in German and in Polish Law? Read the informative proceedings of the international conference on "Private Autonomy in Germany, Poland and Europe" held at the University of Leipzig. The topics of the volume range from fundamental aspects, such as the term autonomy as a "legal axiom", to specific issues like the freedom of contract in the CESL and the control of unfair contract terms in business to business transactions.

Federal Anti-trust Decisions

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Publisher :
ISBN 13 :
Total Pages : 936 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Federal Anti-trust Decisions by :

Download or read book Federal Anti-trust Decisions written by and published by . This book was released on 1934 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resale Price Fixing

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Publisher :
ISBN 13 :
Total Pages : 722 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Resale Price Fixing by : United States. Congress. Senate. Interstate and Foreign Commerce

Download or read book Resale Price Fixing written by United States. Congress. Senate. Interstate and Foreign Commerce and published by . This book was released on 1952 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: