Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Piecemeal Solutions To Demonstrated Problems Of Unfairness
Download Piecemeal Solutions To Demonstrated Problems Of Unfairness full books in PDF, epub, and Kindle. Read online Piecemeal Solutions To Demonstrated Problems Of Unfairness ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Piecemeal Solutions to Demonstrated Problems of Unfairness by : Joshua Karton
Download or read book Piecemeal Solutions to Demonstrated Problems of Unfairness written by Joshua Karton and published by . This book was released on 2019 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is a chapter contribution to an edited volume comparing various national approaches to the control of price terms in consumer and other standard form contracts. This chapter deals with Canadian federal law and that of the common law provinces (i.e. all provinces other than Quebec). Common law Canada displays a marked disjunction between ex ante and ex post price control strategies. The federal government and provinces are avid price regulators, imposing explicit price controls and transparency mandates applicable to many consumer contracts. However, their legislative and regulatory strategy has been a piecemeal one, with most regulations applying to individual industry sectors, in particular those where popular pressure to crack down on deceptive practices or high prices generates political momentum. By contrast, the courts have assigned themselves a strictly limited role in regulating price terms ex post. They continue to hew to traditional notions of freedom of contract, and to invalidate price terms in exceedingly narrow circumstances derived from historically-recognized categories of unfairness--piecemeal solutions of a different kind. Neither the courts nor the legislatures have developed a general theory or policy of contractual unfairness, in standard contracts or otherwise. The overall effect is that ex ante regulation of price terms is stringent where it exists but uneven in application, while ex post control of price terms by the courts is widely available in principle but rarely if ever occurs in practice.
Book Synopsis Macdonald's Exemption Clauses and Unfair Terms by : Mark Anderson
Download or read book Macdonald's Exemption Clauses and Unfair Terms written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2022-04-29 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, 'fundamental breach', etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the 'requirement for reasonableness' - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Download or read book Contract Law written by Ewan McKendrick and published by . This book was released on 2020-05-18 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete guide to contract law in a single volume. Comprising a unique balance of 60% text to 40% cases and materials, Contract Law: Text, Cases, and Materials combines the best features of a textbook with those of a traditional casebook. The author's clear explanations and analysis of thelaw provide invaluable support to students, while the extracts from cases and materials promote the development of essential case-reading skills and allow for a more detailed appreciation of the practical workings of the law.Online resourcesThe book is accompanied by online resources which include:- Extra material with in-depth coverage of topics such as illegality and incapacity- Updates on recent developments in the law- Self-test multiple choice questions and answers- Annotated web links to key sources of information on contract law
Book Synopsis Text, Cases and Materials on Contract Law by : Richard Stone
Download or read book Text, Cases and Materials on Contract Law written by Richard Stone and published by Routledge. This book was released on 2014-03-26 with total page 1061 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary. Composed of approximately one-quarter authors’ commentaries and three-quarters cases and materials, including academics' articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law. This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include: chapter introductions highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text additional reading listed at the end of each chapter to assist further study and independent research clear and attractive text design that differentiates between the authors’ commentaries and the materials a companion website that provides skills materials and self-assessment tasks to help further your learning The range of material covered, straightforward style, and targeted updates to this third edition make Text, Cases and Materials on Contract Law?a comprehensive and invaluable resource for all undergraduate students of contract law.
Book Synopsis The Law and Regulation of Franchising in the EU by : Mark Abell
Download or read book The Law and Regulation of Franchising in the EU written by Mark Abell and published by Edward Elgar Publishing. This book was released on 2013 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔMark AbellÕs book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.Õ Ð Graham Cunningham, Barrister, Hardwicke Key features of this detailed and insightful work include: ¥ Practical analysis from a leading authority in the field of franchising. ¥ Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU. ¥ Comparative legal analysis of the law of England, Germany, France, the US and Australia. ¥ Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author. ¥ A draft text for the proposed directive. The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over Û215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem. The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations. This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU.
Book Synopsis Changing Consumer Law in the United Kingdom after Brexit? by : Katharina Steinbrück
Download or read book Changing Consumer Law in the United Kingdom after Brexit? written by Katharina Steinbrück and published by Nomos Verlag. This book was released on 2021-06-14 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dem britischen Gesetzgeber eröffnen sich durch den weitgehenden Wegfall von Bindung an EU-Recht im Verbraucherrecht neue regulatorische Möglichkeiten. Dieses Werk widmet sich der Frage, ob Normen des bisher von der EU bestimmten Verbraucherkredit- und AGB-Rechts beibehalten oder geändert werden sollten. Eine historische Analyse beantwortet die Frage, inwieweit EU-Recht in der Vergangenheit durch das Vereinigte Königreich gestaltet und rezipiert wurde. Auf Grundlage einer umfassenden rechtsvergleichenden Betrachtung wird zudem analysiert, ob alternative europäische Kooperationsmodelle mehr regulatorischen Freiraum bieten und die (Nicht-) Umsetzung von Verbraucherrecht als Vorbild für neue Regulierung im Vereinigten Königreich dienen könnte.
Book Synopsis Contract Law by : Mindy Chen-Wishart
Download or read book Contract Law written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2018 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.
Book Synopsis Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010) by : The Xiamen Academy of International Law
Download or read book Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010) written by The Xiamen Academy of International Law and published by BRILL. This book was released on 2011-06-22 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Third Volume of the Series contains the following articles: New Trends of International Law in the Era of Globalization, Stephan Hobe; Tradition versus Harmonization in the Recent Reforms of Contract Law, Ole Lando; Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century, Ernst-Ulrich Petersmann; International Law: A System of Relationships, Malcolm N. Shaw, QC; The International Law of Watercourses: New Dimensions, Patricia Wouters The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.
Book Synopsis Textbook on Contract Law by : Jill Poole
Download or read book Textbook on Contract Law written by Jill Poole and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clear, authoritative, and user-friendly, giving you a firm, comprehensive, and contextual understanding of the law of contract, Key features, Case summaries and extracts throughout keep your focus on the important cases, Key points boxes allow you to check your understanding as you learn and revise, Further reading guides you towards the most relevant texts and articles, Examples and questions encourage you to deepen your understanding and apply what you've learnt Book jacket.
Book Synopsis Construction Law, Costs and Contemporary Developments: Drawing the Threads Together by : Julian Bailey
Download or read book Construction Law, Costs and Contemporary Developments: Drawing the Threads Together written by Julian Bailey and published by Bloomsbury Publishing. This book was released on 2018-11-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009–2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.
Download or read book Contract written by H G Beale and published by Oxford University Press. This book was released on 2008 with total page 1331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook on contract comprises a wide selection of cases and materials that illustrate the substantive law and places it in its legal and commercial context. It demonstrates how the rules work both inside and outside the courtroom.
Download or read book Contract Law written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract. The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
Book Synopsis Oxford Studies in Private Law Theory: Volume I by : Paul B Miller
Download or read book Oxford Studies in Private Law Theory: Volume I written by Paul B Miller and published by Oxford University Press. This book was released on 2020-11-20 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory.
Book Synopsis Commentaries on European Contract Laws by : Nils Jansen
Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Book Synopsis Vitiation of Contractual Consent by : Peter MacDonald Eggers
Download or read book Vitiation of Contractual Consent written by Peter MacDonald Eggers and published by Taylor & Francis. This book was released on 2016-09-13 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: The validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.
Book Synopsis A Handbook of Corporate Governance and Social Responsibility by : Güler Aras
Download or read book A Handbook of Corporate Governance and Social Responsibility written by Güler Aras and published by CRC Press. This book was released on 2016-03-16 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current economic situation has highlighted deficiencies in corporate governance while also showing the importance of stakeholder relations. It has also raised the profile of the debates regarding corporate social responsibility and shown the inter-relationship with governance. And the two together are essential for sustainable business. The social and environmental contexts of business are generally considered to be as significant as the economic and financial contexts and good governance will address all of these aspects. The combination of these aspects offers long term benefits for a firm, such as reducing risk and attracting new investors, shareholders and more equity as well as sustainable performance. Written by experts from all over the world, A Handbook of Corporate Governance and Social Responsibility is the most authoritative single-volume guide to the relationship between good governance and social responsibility and the reality of managing both. In addition to the theory and practice of governance and CSR, the book includes case studies from large and small organizations and NGOs to highlight examples of good and bad practice, and to show international and cultural similarities and differences while at the same time furthering the debate regarding the relationship between good governance and social responsibility.
Book Synopsis Poole's Casebook on Contract Law by : Robert Merkin QC
Download or read book Poole's Casebook on Contract Law written by Robert Merkin QC and published by Oxford University Press. This book was released on 2021-06-17 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: All the cases you need, together with the tools to understand them. Poole's Casebook on contract law takes a uniquely supportive approach, to give students the confidence to engage with and analyse judgments. The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. Cases are accompanied by succinct author commentary highlighting the key elements of each case. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills.
