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The Limits Of Contractual Freedom In English Commercial Leases
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Book Synopsis The Limits of Contractual Freedom in English Commercial Leases by : Susan Bright
Download or read book The Limits of Contractual Freedom in English Commercial Leases written by Susan Bright and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examiners the extent to which the principle of laisser-faire is dominant in the English law of commercial leases.
Book Synopsis Contents of Commercial Contracts by : Paul S Davies
Download or read book Contents of Commercial Contracts written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
Book Synopsis The Limits of Freedom of Contract by : M. J. Trebilcock
Download or read book The Limits of Freedom of Contract written by M. J. Trebilcock and published by Cambridge : Harvard University Press. This book was released on 1993 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
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.
Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Limits of Freedom of Contract by : M. J. Trebilcock
Download or read book The Limits of Freedom of Contract written by M. J. Trebilcock and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Book Synopsis Navigating the Dangerous Shoals of a Commercial Lease for Beginners by : John Busey Wood
Download or read book Navigating the Dangerous Shoals of a Commercial Lease for Beginners written by John Busey Wood and published by Lulu.com. This book was released on 2009-08-20 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an educational text for those opening their first business in NYC or the U.S. and leasing and altering space. Understanding commercial leases for beginners in the field. Not just for lawyers, but has some good ideas for facilities managers, construction, accountants and brokers as wel
Book Synopsis An Exploration of the Limits of Freedom of Contract by : Michael J. Trebilcock
Download or read book An Exploration of the Limits of Freedom of Contract written by Michael J. Trebilcock and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Essay on the Commercial Principles Applicable to Contracts for the Hire of Land by : George Douglas Campbell Duke of Argyll
Download or read book Essay on the Commercial Principles Applicable to Contracts for the Hire of Land written by George Douglas Campbell Duke of Argyll and published by . This book was released on 1877 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Sublease and Assignment Deskbook by : Brent C. Shaffer
Download or read book The Sublease and Assignment Deskbook written by Brent C. Shaffer and published by American Bar Association. This book was released on 2006 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The State and Freedom of Contract by :
Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
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.
Book Synopsis Legal Certainty in Real Estate Transactions by : Bertrand Du Marais
Download or read book Legal Certainty in Real Estate Transactions written by Bertrand Du Marais and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put into practice in French and English law, using commercial real estate as a case study. Not only does this study identify the economic impact of the law in both jurisdictions, it also looks at the practitioners' functions in dealing with commercial real estate transactions. In other words, it analyzes the topical position of practitioners, such as the French notaires and the role of solicitors in England. Nowadays, the profession of notaires is confronted by numerous challenges. For instance, nationality requirement for its access has been ruled by the ECJ as contrary to the freedom of establishment and article 49 TFEU, and not justified by "the exercise of public authority." In this study, the authors argue that the actual nature and the quality of the work done by the practitioners should be considered, as well as financial cost and delays. They also argue that a liberalization of professions, such as civil law notaires, would have very little impact on the cost associated with doing business. As a matter of fact, both the English and the French mechanisms are very similar in their objectives and outcome even though they handle the same transaction differently because of the culturally different relevant angles. (Series: Ius Commune Europaeum, Vol. 147) Subject: Property Law, Commercial Real Estate Law]
Book Synopsis Comparative Contract Law by : Larry A. DiMatteo
Download or read book Comparative Contract Law written by Larry A. DiMatteo and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.
Book Synopsis Contract - Freedom and Restraint by : Richard A. Epstein
Download or read book Contract - Freedom and Restraint written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Book Synopsis English As a Legal Language by : Christine Rossini
Download or read book English As a Legal Language written by Christine Rossini and published by Martinus Nijhoff Publishers. This book was released on 1998-09-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "English as a Legal Language is a lawyer's plain language guide to English legal terminology. Anyone who finds it difficult to express legal terms in English simply looks under the general heading to find the relevant terms and their usage. This book can also be used to find explanations of words from a translating dictionary. Further, it is structured as a thesaurus, organized according to topic with an alphabetical index. More and more, lawyers need the English language. But attempts to convert the language to meet one's own purpose often result in misconceptions. English legal language has its roots in the Anglo-American legal tradition and the non-native speaking lawyer may have difficulty understanding a word choice in English without also seeing how it fits into legal thinking and relates to other words in the subject area as a whole. "English as a Legal Language offers a comparative lexicon of US and UK legal systems, with references to European legal systems. Special features of this work include: - The vocabulary of an entire area of law in each section; - A verb section which provides guidance on substantives, adjectives, adverbs, phrases, usage, as well as sample sentences and clues about typical mistakes; and - An index which gives an alphabetical rendition of the topically ordered definitions - essential for words that have multiple definitions. All lawyers working in English, and especially continental European lawyers, will find this book indispensable in their practices. The book is also of prime interest to business people, accountants, translators, legal secretaries and students. It will enable all practitioners and academics to express complex ideas inEnglish, to understand the intricacies of English as a legal language, and to avoid the potential mishaps, when language barriers prevent a true meeting of minds.
