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The Introduction Of The European Directive On Commercial Agents Into English Law
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Book Synopsis The Introduction of the European Directive on Commercial Agents Into English Law by : Julian and Murray Pickering Cooke
Download or read book The Introduction of the European Directive on Commercial Agents Into English Law written by Julian and Murray Pickering Cooke and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Commercial Agents and the Law by : Séverine Saintier
Download or read book Commercial Agents and the Law written by Séverine Saintier and published by Taylor & Francis. This book was released on 2017-09-25 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.
Book Synopsis The European Law of Commercial Agency by : Fergus Randolph
Download or read book The European Law of Commercial Agency written by Fergus Randolph and published by Hart Publishing. This book was released on 2010-09-30 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the leading work on European commercial agency, by two practising lawyers who have been involved in many of the leading cases since the adoption of the European Directive on self-employed commercial agents. Since the previous edition there has been a string of important cases which have helped to clarify previously confused issues but even now some of the case law remains unsatisfactory. In this third edition of their work, Randolph and Davey have once again drawn out the consistent threads in the case law to predict the likely approach of the courts, both at UK and EU level, to those issues which still remain undecided. The approach adopted in the earlier editions of tackling difficult issues head-on and suggesting concrete answers to practitioners has once again been carried through into the third edition. As well as including references to all the relevant cases in the text, the work now includes a new chapter on the valuation of businesses by Dr Ruth Bender of the Cranfield School of Management, as well as an up-to-date version of the chapter on French law by Dr Séverine Saintier of Sheffield University and on German law by Dr Michael Reiling, Rechtsanwalt, Noerr LLP.
Book Synopsis An Exploration of the European Dimension of the Commercial Agents Regulations by : Andrea Tosato
Download or read book An Exploration of the European Dimension of the Commercial Agents Regulations written by Andrea Tosato and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1986, the European Communities enacted Directive 86/653/EEC on self-employed commercial agents. In the UK, this was implemented into national law in the Commercial Agents Regulations 1993. Over the past 20 years, considerable scholarship has been devoted to commercial agents and a sizeable number of English and Scottish cases have dealt with this body of rules. This paper highlights that courts and commentators alike have frequently construed these Regulations according to the canons of construction of the common law; it further submits that this approach is inconsistent with the principle of uniform application of EU law and may give rise to Francovich liability. The suggestion is advanced that the European dimension of the Regulations ought to be reconsidered, with increased attention to the principle of consistent interpretation. This allows for a more sophisticated understanding of the legislation governing commercial agents and also addresses several areas of uncertainty which emerged in past decisions.
Book Synopsis Commercial Law of the European Union by : Gabriël Moens
Download or read book Commercial Law of the European Union written by Gabriël Moens and published by Springer Science & Business Media. This book was released on 2010-04-23 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: ? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.
Book Synopsis Guide to the Commercial Agents Regulations by : Fergus Randolph
Download or read book Guide to the Commercial Agents Regulations written by Fergus Randolph and published by Hart Publishing. This book was released on 2003 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Directive on self employed commercial agents and the UK Regulations springing from it,have resulted in a large amount of case law since the First Edition of this work was prepared. As Jonathan Davey and Fergus Randolph predicted in their First Edition, much of this case law is unsatisfactory or self contradictory. They have attempted, in this Second Edition, to draw the consistent threads out of the case law to date and to predict the likely approach of the courts, both at UK and EU level, to those issues which still remain undecided. The approach adopted in the First Edition, of tackling difficult issues head on and suggesting practical answers to practitioners, has been carried through into the Second Edition. As well as including references to all the relevant cases in the text, the work now includes chapters dealing specifically with the French and German law in this area, given that many judges have shown themselves willing to take into account the approach in other member states in applying the Regulations, and given the uncertainty which has clearly reigned in many of those cases on exactly what French or German law says on the subject concerned. Finally, there is a checklist of cases to date known to the authors, both published and unpublished. This may be of particular value to practitioners given that many of the cases in this area are unreported County Court decisions. The book includes detailed comment on the key cases of Tamarind, King v Tunnock and the Court of Justice decision in Ingmar v Eaton Leonard.
Book Synopsis Goode and McKendrick on Commercial Law by : Roy Goode
Download or read book Goode and McKendrick on Commercial Law written by Roy Goode and published by Penguin UK. This book was released on 2021-03-25 with total page 1632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth edition of the authoritative and acclaimed commercial law text 'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions. 'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review 'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal 'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business 'A veritable tour de force' Business Law Review
Book Synopsis An Index to Common Law Festschriften by : Michael Taggart
Download or read book An Index to Common Law Festschriften written by Michael Taggart and published by Bloomsbury Publishing. This book was released on 2006-09-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever index of contributions to common law Festschriften and fills a serious bibliographic gap in the literature of the common law. The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 296 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 5,000 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway and Sweden.
Book Synopsis Collective Management of Copyright and Related Rights by : World Intellectual Property Organization
Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
Book Synopsis EU Law for UK Lawyers by : Aidan O'Neill
Download or read book EU Law for UK Lawyers written by Aidan O'Neill and published by Bloomsbury Publishing. This book was released on 2011-07-27 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of this wide-ranging survey of EU law. The new edition has been significantly enlarged. Unlike many other EU law books it takes full account not only of the Lisbon Treaty changes to the EU treaties, but also of the fact that the EU Charter of Fundamental Rights now has the same legal value as the EU Treaties. It therefore not only covers the relevant case law of the Court of Justice of the European Union, but also ties that case law into the decisions of the European Court of Human Rights, because it is clear that EU law can only now properly be understood and applied against this background of European fundamental rights jurisprudence. The book sets out very clearly the broad shape of the European Union's legal systems, while also giving the reader a good feel for the policy motivations in the Court of Justice of the European Union and the scope of EU legislative activity. Written in a lively and accessible style, it is an ideal guide for practitioners, whether those coming to the subject for the first time or those already with a background in EU law. Among the additions and changes in this expanded edition the book includes new chapters on the EU and fundamental rights, on commercial agency, on criminal law and on private international law in the EU. It also contains a full treatment of EU equality law. The first edition 'EC Law for UK Lawyers' by Aidan O'Neill and Jason Coppel (ISBN: 9780406024596) was published by Butterworths in 1994.
Author :Study Group on a European Civil Code Publisher :sellier. european law publ. ISBN 13 :3866530595 Total Pages :406 pages Book Rating :4.8/5 (665 download)
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Book Synopsis Commercial Contract Law by : Larry A. DiMatteo
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 :David (Professor of Common Law Fox, University of Edinburgh) Publisher : ISBN 13 :0198842147 Total Pages :1133 pages Book Rating :4.1/5 (988 download)
Book Synopsis Sealy and Hooley's Commercial Law by : David (Professor of Common Law Fox, University of Edinburgh)
Download or read book Sealy and Hooley's Commercial Law written by David (Professor of Common Law Fox, University of Edinburgh) and published by . This book was released on 2020-07-02 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sealy and Hooley's Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors' expert commentary and questions enliven each topic while emphasizing the practicalapplication of the law in its business context.Five renowned experts in the field continue the legacy of Richard Hooley and Len Sealy, capturing the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.
Book Synopsis Commercial Agency Agreements: Law and Practice by : Susan Singleton
Download or read book Commercial Agency Agreements: Law and Practice written by Susan Singleton and published by Bloomsbury Publishing. This book was released on 2020-03-04 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments. The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013 Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)
Book Synopsis The Modern Law of Contract by : Richard Stone
Download or read book The Modern Law of Contract written by Richard Stone and published by Routledge. This book was released on 2013 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Modern Law of Contract' provides a detailed account of the subject in England and Wales. Centred around a thorough analysis of case law and statute, it also takes into account a variety of theoretical approaches.
Book Synopsis The Law of Corporate Finance: General Principles and EU Law by : Petri Mäntysaari
Download or read book The Law of Corporate Finance: General Principles and EU Law written by Petri Mäntysaari and published by Springer Science & Business Media. This book was released on 2009-11-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. 1 Investments, Generic Contracts, Payments According to Volume I, contracts are one of the five generic legal tools used to manage cash flow, risk, agency relationships, and information. Many investments are therefore based on one or more contracts. Obviously, the firm should draft good contracts. Good drafting can ensure the same intended cash flow with reduced risk. Bad drafting can increase risk. This volume attempts to deconstruct contracts used by non-financial firms and analyse them from a cash flow, risk, agency, and information perspective. The starting point is a generic contract, i. e. a contract which does not belong to any particular contract type (Chapters 2–7). This volume will also focus on payment obligations. Payment obligations are characteristic of all financial instruments, and they can range from simple payment obligations in minor sales contracts and traditional lending contracts (Chapters 8– 11). 1. 2 Particular Contract Types A number of particular contract types have been discussed in the other volumes of this book. (1) A certain party’s investment contract can be another party’s fu- ing contract. Particular investment contracts will therefore be discussed in Volume III in the context of funding. (2) Many contracts are necessary in the context of business acquisitions discussed in Volume III. (3) Multi-party contracts are c- mon in corporate finance. The firm’s contracts with two or more parties range from syndicated loans to central counterparties’ contracts. Such contracts will be discussed both in Chapter 12 and Volume III.
Download or read book Commercial Law written by M. A. Clarke and published by Oxford University Press. This book was released on 2017 with total page 1221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors' expert commentary and questions enliven each topic while emphasizing the practical application of the law in its business context. Len Sealy and Richard Hooley have been joined by four renowned experts in the field for the preparation of this edition. The authors have captured the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.
