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Author : J. P. Vorster
Publisher :
ISBN 13 : 9780620113052
Total Pages : 240 pages
Book Rating : 4.1/5 (13 download)
Download or read book Implied Terms in the Law of Contract in England and South Africa written by J. P. Vorster and published by . This book was released on 1987 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Austen-Baker
Publisher : Edward Elgar Publishing
ISBN 13 : 9781849808545
Total Pages : 193 pages
Book Rating : 4.8/5 (85 download)
Download or read book Implied Terms in English Contract Law written by Richard Austen-Baker and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implied Terms in English Contract Law is a unique book dedicated to stating the law of England and Wales regarding the implication of terms into contracts. The law on this important subject is stated systematically and in detail, with the benefit of close analysis of the leading cases on implication at common law, by statute, by custom, trade usage, course of dealing and in fact.
Author : Great Britain. Law Commission
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.:/5 (53 download)
Download or read book Law of Contract written by Great Britain. Law Commission and published by . This book was released on 1979 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.5/5 (211 download)
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author : Yuliya Chernykh
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.1/5 (7 download)
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.
Author : Dale Hutchison
Publisher :
ISBN 13 : 9780190419820
Total Pages : 534 pages
Book Rating : 4.4/5 (198 download)
Download or read book The Law of Contract in South Africa written by Dale Hutchison and published by . This book was released on 2017 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)
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.
Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)
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.
Author : Richard Hunter Christie
Publisher :
ISBN 13 : 9780409122541
Total Pages : 809 pages
Book Rating : 4.1/5 (225 download)
Download or read book Christie's Law of Contract in South Africa written by Richard Hunter Christie and published by . This book was released on 2016 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The seventh edition deals with recent case law on a variety of issues including electronic signatures; compliance with statutorily prescribed formalities for contractual validity; developments relating to agreements to negotiate; economic duress and undue influence; simulated contracts; reciprocity in contract; interim interdicts; and the remedy of specific performance. Additions that are more substantial include expanded treatment of the role of good faith in the law of contract. This tracks the continuing tension between the Supreme Court of Appeal and Constitutional Court regarding the extent of that role, with the latter court pressing for a greater role for good faith but not providing sufficient clarity on what good faith means in the context of contract law or on what role it envisages for good faith. This tension has caused difficulties which are reflected in certain High Court decisions."--Publisher's website.
Author : Arthur S. Hartkamp
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161929
Total Pages : 428 pages
Book Rating : 4.0/5 (411 download)
Download or read book Contract Law in the Netherlands written by Arthur S. Hartkamp and published by Kluwer Law International B.V.. This book was released on 2015-11-23 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)
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.
Author : George Wille
Publisher :
ISBN 13 :
Total Pages : 896 pages
Book Rating : 4.F/5 ( download)
Download or read book Wille's Principles of South African Law written by George Wille and published by . This book was released on 1991 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stella Vettori
Publisher : CRC Press
ISBN 13 : 1317034201
Total Pages : 237 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Employment Contract and the Changed World of Work written by Stella Vettori and published by CRC Press. This book was released on 2016-03-23 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.
Author : Robert Leckey
Publisher : Cambridge University Press
ISBN 13 : 1107038537
Total Pages : 259 pages
Book Rating : 4.1/5 (7 download)
Download or read book Bills of Rights in the Common Law written by Robert Leckey and published by Cambridge University Press. This book was released on 2015-05-07 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Author :
Publisher :
ISBN 13 :
Total Pages : 1074 pages
Book Rating : 4.F/5 ( download)
Download or read book South African Law Journal written by and published by . This book was released on 2003 with total page 1074 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roger Brownsword
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.F/5 ( download)
Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
