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Author : Irene Whitford
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (216 download)
Download or read book Some Difficulties in the Law of Contracts Due to Impossibility of Performance written by Irene Whitford and published by . This book was released on 1924 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roy Granville McElroy
Publisher : Cambridge University Press
ISBN 13 : 1107455898
Total Pages : 297 pages
Book Rating : 4.1/5 (74 download)
Download or read book Impossibility of Performance written by Roy Granville McElroy and published by Cambridge University Press. This book was released on 2014 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 1941, provides a comprehensive analysis of impossibility in relation to contract law.
Author : George Purcell Costigan
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.A/5 ( download)
Download or read book The Performance of Contracts written by George Purcell Costigan and published by . This book was released on 1911 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jenny Walther
Publisher : GRIN Verlag
ISBN 13 : 3638370283
Total Pages : 14 pages
Book Rating : 4.6/5 (383 download)
Download or read book Frustration and supervening impossibility / The doctrines of consideration and promissary estoppel written by Jenny Walther and published by GRIN Verlag. This book was released on 2005-04-24 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.
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 : Mo Zhang
Publisher : BRILL
ISBN 13 : 9004414789
Total Pages : 495 pages
Book Rating : 4.0/5 (44 download)
Download or read book Chinese Contract Law - Theory & Practice, Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Author : Arthur Linton Corbin
Publisher :
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.F/5 ( download)
Download or read book Corbin on Contracts written by Arthur Linton Corbin and published by . This book was released on 1993 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Timothy Murray
Publisher :
ISBN 13 : 9781663316400
Total Pages : 0 pages
Book Rating : 4.3/5 (164 download)
Download or read book Corbin on Contracts written by Timothy Murray and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no event in history has prompted as much ink to be spilled about contract law as the COVID-19 pandemic. The pandemic, and especially government reactions to it, have wreaked havoc on the supply chain, forced businesses to shut down, and rendered all manner of contracts intolerably costly or risky. The incalculable disruption to countless contracts has caused attorneys everywhere to examine whether their clients' contractual performance may be excused pursuant to the agreement's force majeure provision; a common law extra-contractual theory (impracticability, impossibility, or frustration of purpose); a statutory basis (U.C.C. ʹ 2-615); or an international treaty (the United Nations Convention on Contracts for the International Sale of Goods (CISG) Article 79). The pandemic's devastating effect on contracts promises to generate significant litigation and will impel attorneys to rethink how they draft force majeure provisions.In Corbin on Contracts: Force Majeure and Impossibility of Performance Resulting From COVID-19 the law regarding force majeure and impossibility and related legal theories is chronicled in the following chapters:Impossibility of Performance - Personal InabilityDeath or Destruction of Specific Things - Prorating SupplyLegal Prohibition -Government Prohibition and Exigencies of WarDischarge by Frustration of PurposeImpossibility of Performance of a Condition; Remedy of RestitutionIn addition, author Timothy Murray has provided a detailed introduction which also serves as a guide providing a roadmap to assist the reader in traversing issues related to the effect of the COVID-19 pandemic on contractual obligations.
Author : Başak Başoğlu
Publisher : Springer
ISBN 13 : 331927256X
Total Pages : 340 pages
Book Rating : 4.3/5 (192 download)
Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author : George P. Costigan
Publisher :
ISBN 13 : 9781331224099
Total Pages : 94 pages
Book Rating : 4.2/5 (24 download)
Download or read book The Performance of Contracts written by George P. Costigan and published by . This book was released on 2015-07-12 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Performance of Contracts: A Summary of Conditions in Contracts and Impossibility of Performance This is a revision and enlargement of an article on Conditions in Contracts which appeared in the Columbia Law Review for March, 1907. That article was written for the purpose of assisting students to understand a troublesome part of the law of Contracts and has served that purpose well enough to make a revision desirable. In the revision various new paragraphs or "rules" on conditions in contracts have been added, and the subject of impossibility of performance has been covered, necessitating a new title. The inaccuracies found in the original article have been corrected and some matters that seemed obscure have been explained more fully. Only a brief summary of the law relating to the performance of contracts, with the minimum of citation of authorities, has been attempted. The specific performance of contracts is not included. The summary is intended to be serviceable to those only who read with care the important cases. The references to 1 W. and 2 W. are to the designated volumes of Williston's Cases on Contracts. For further explanation of this summary, the reader is referred to Note 1, post. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Franz Schwarz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526343
Total Pages : 610 pages
Book Rating : 4.4/5 (35 download)
Download or read book Contractual Performance and COVID-19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Author : Jürg Künzle
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519940
Total Pages : 254 pages
Book Rating : 4.4/5 (35 download)
Download or read book Multiple Contracts and Coordination in International Construction Projects written by Jürg Künzle and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
Author : George P. Costigan (Jr)
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)
Download or read book Performance of Contracts$dA Summary of Conditions in Contracts and Impossibility of Performance written by George P. Costigan (Jr) and published by . This book was released on 1927 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marco J. Jimenez
Publisher : Aspen Publishing
ISBN 13 : 1543821766
Total Pages : 1432 pages
Book Rating : 4.5/5 (438 download)
Download or read book Contract Law written by Marco J. Jimenez and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Law: A Case & Problem-Based Approach is a unique casebook that provides an organizational structure introducing students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law but also meant to help them appreciate the connections and relationships between and among these various subject areas. Part I, the “30,000-foot view,” familiarizes students with contract law, discusses the sorts of problems with which contract law is concerned, and introduces them to some of the basic rules and theories governing contract law. Part II, the “10,000-foot view,” exposes students to each major substantive area of contract law in more depth by discussing one classic case in each area, along with additional historical, theoretical, and contextual materials to supplement the black-letter doctrine. After finishing Parts I and II, the student will have a basic understanding of each major area of contract law, along with a good understanding of how these parts fit together. Part III is therefore designed to explore each of the major subject areas in greater depth, and is organized along the lines of a traditional contracts casebook, including a healthy mix of classic and modern cases, short problems, and exercises. New to the Second Edition: Additional materials and cases added to explore the contract doctrines of impossibility and impracticability in light of past and current epidemics (in the case of polio) and pandemics (in the case of COVID-19). Additional case added to explore the relationship between Contract Law, Civil Rights, and Constitutional Law. Reorganization of some materials in Chapter 8 (defenses). More focused notes and appendices Professors and student will benefit from: Organization exposes students to main concepts, and gives professors a number of choices about how to teach their course. Helpful doctrinal introductions to each new major substantive section. Historical, theoretical, and comparative materials are presented to help students understand and think critically about the black-letter rules. “Thinking tools” feature that helps the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes enrich the students’ black-letter experience. Enjoyable, contextual materials that are included after a number of classic cases help to bring to light fascinating background information.
Author : Victor P. Goldberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1783471549
Total Pages : 301 pages
Book Rating : 4.7/5 (834 download)
Download or read book Rethinking Contract Law and Contract Design written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Author : Ewoud Hondius
Publisher : Cambridge University Press
ISBN 13 : 1139501151
Total Pages : 715 pages
Book Rating : 4.1/5 (395 download)
Download or read book Unexpected Circumstances in European Contract Law written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2011-03-03 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Author : Peter Benson
Publisher : Harvard University Press
ISBN 13 : 0674237595
Total Pages : 625 pages
Book Rating : 4.6/5 (742 download)
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
