The Law Of Standard Form Contracts

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Control of Price Related Terms in Standard Form Contracts

Author : Yeşim M. Atamer
Publisher : Springer Nature
ISBN 13 : 3030230570
Total Pages : 772 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Control of Price Related Terms in Standard Form Contracts by : Yeşim M. Atamer

Download or read book Control of Price Related Terms in Standard Form Contracts written by Yeşim M. Atamer and published by Springer Nature. This book was released on 2019-11-19 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

Consumer Law and Economics

Author : Klaus Mathis
Publisher : Springer Nature
ISBN 13 : 3030490289
Total Pages : 326 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Consumer Law and Economics by : Klaus Mathis

Download or read book Consumer Law and Economics written by Klaus Mathis and published by Springer Nature. This book was released on 2020-08-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

The Law of Contract

Author : Hugh Collins
Publisher : Cambridge University Press
ISBN 13 : 9780406946737
Total Pages : 500 pages
Book Rating : 4.9/5 (467 download)

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Book Synopsis The Law of Contract by : Hugh Collins

Download or read book The Law of Contract written by Hugh Collins and published by Cambridge University Press. This book was released on 2003-07 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.

Ancient Law

Author : Henry Sumner Maine
Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Ancient Law by : Henry Sumner Maine

Download or read book Ancient Law written by Henry Sumner Maine and published by . This book was released on 1861 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Boilerplate

Author : Margaret Jane Radin
Publisher : Princeton University Press
ISBN 13 : 0691163359
Total Pages : 358 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Boilerplate by : Margaret Jane Radin

Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Standard Contract Terms in Cross-border Business Transactions

Author : Gintautas Šulija
Publisher : Studien zum europäischen Privat- und Prozessrecht
ISBN 13 : 9783631603437
Total Pages : 0 pages
Book Rating : 4.6/5 (34 download)

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Book Synopsis Standard Contract Terms in Cross-border Business Transactions by : Gintautas Šulija

Download or read book Standard Contract Terms in Cross-border Business Transactions written by Gintautas Šulija and published by Studien zum europäischen Privat- und Prozessrecht. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an overview of regulation of standard form contracts in the selected jurisdictions of the European Union. Generally, the term 'regulation of standard form contracts' refers to the techniques and procedures that are established by the government and case law to control the fairness and reasonableness of contracting or contractual arrangements. The necessity of regulating standard form contracts is explained by arguing that absolute freedom of contract does not contribute enough to the welfare of society, even if we assume that such freedom exists in reality. Four jurisdictions of the European Union - Germany, France, England, and Lithuania - have been selected for closer examination in order to build up a comprehensive view in the three major jurisdictions of the Union as well as in the 'new Europe'. Moreover, the study elucidates the links between national contract laws and the European Union law. In view of the obstacles a trader may face in abiding by unknown foreign regulations, the national regulations of standard form contract are assessed in the light of so-called 'indistinctly applicable measures' that are prohibited under the European Union law. Thus different options aimed at eliminating trade restrictions created by foreign regulations on standard form contracts are contemplated in this book.

Principles of Law of Software Contracts

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (848 download)

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Book Synopsis Principles of Law of Software Contracts by :

Download or read book Principles of Law of Software Contracts written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Construction Contracts

Author : J. R. Murdoch
Publisher : Taylor & Francis
ISBN 13 : 9780419253105
Total Pages : 412 pages
Book Rating : 4.2/5 (531 download)

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Book Synopsis Construction Contracts by : J. R. Murdoch

Download or read book Construction Contracts written by J. R. Murdoch and published by Taylor & Francis. This book was released on 2000 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Contracts focuses on the law governing construction contracts, and the management and administration of these contracts.

Contract Law Minimalism

Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Contract Law Minimalism by : Jonathan Morgan

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.

The Book of the Horse

Author : Brian Vesey-FitzGerald
Publisher :
ISBN 13 :
Total Pages : 930 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The Book of the Horse by : Brian Vesey-FitzGerald

Download or read book The Book of the Horse written by Brian Vesey-FitzGerald and published by . This book was released on 1947 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The JCT 05 Standard Building Contract

Author : Issaka E. Ndekugri
Publisher : Routledge
ISBN 13 : 1856176290
Total Pages : 585 pages
Book Rating : 4.8/5 (561 download)

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Book Synopsis The JCT 05 Standard Building Contract by : Issaka E. Ndekugri

Download or read book The JCT 05 Standard Building Contract written by Issaka E. Ndekugri and published by Routledge. This book was released on 2009 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title helps clarify complex areas of the JCT 05 standard building contract, making it an essential reference for professionals seeking to update their knowledge. The book works through the contract issues thoroughly yet clearly, using case law examples to demonstrate the latest amendments in regards to the Construction Act.

Contract Formation

Author : Michael Furmston
Publisher : Oxford University Press, USA
ISBN 13 : 0199284245
Total Pages : 477 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Contract Formation by : Michael Furmston

Download or read book Contract Formation written by Michael Furmston and published by Oxford University Press, USA. This book was released on 2010-03-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The FIDIC Forms of Contract

Author : Nael G. Bunni
Publisher : John Wiley & Sons
ISBN 13 : 1118658655
Total Pages : 731 pages
Book Rating : 4.1/5 (186 download)

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Book Synopsis The FIDIC Forms of Contract by : Nael G. Bunni

Download or read book The FIDIC Forms of Contract written by Nael G. Bunni and published by John Wiley & Sons. This book was released on 2013-02-05 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.

Contract Law in Perspective

Author : Linda Mulcahy
Publisher : Routledge
ISBN 13 : 1134066740
Total Pages : 261 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Contract Law in Perspective by : Linda Mulcahy

Download or read book Contract Law in Perspective written by Linda Mulcahy and published by Routledge. This book was released on 2008-08-18 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.

The Law of Contract 1670–1870

Author : Warren Swain
Publisher : Cambridge University Press
ISBN 13 : 1316240002
Total Pages : 363 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis The Law of Contract 1670–1870 by : Warren Swain

Download or read book The Law of Contract 1670–1870 written by Warren Swain and published by Cambridge University Press. This book was released on 2015-02-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.

Wrap Contracts

Author : Nancy S. Kim
Publisher : Oxford University Press, USA
ISBN 13 : 0199336970
Total Pages : 239 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Wrap Contracts by : Nancy S. Kim

Download or read book Wrap Contracts written by Nancy S. Kim and published by Oxford University Press, USA. This book was released on 2013-09-19 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. She discusses court decisions and provides summary critiques to go with these. In addition, she provides doctrinal solutions grounded in law and policy. The book defines and distinguishes different types of contract terms. Finally, it includes actual wrap contract terms, flow charts, checklists, and other visual aids to explain legal concepts.