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Author : Ian R. MacNeil
Publisher :
ISBN 13 :
Total Pages : 412 pages
Book Rating : 4.:/5 (755 download)
Download or read book The Relational Theory of Contract written by Ian R. MacNeil and published by . This book was released on 2001 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ian R. MacNeil
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (799 download)
Download or read book The Relational Theory of Contract written by Ian R. MacNeil and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ian R. Macneil
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.F/5 ( download)
Download or read book The Relational Theory of Contract written by Ian R. Macneil and published by . This book was released on 2001 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an abridged collection of writings by Ian MacNeil, one of the foremost academics in the field of contract law, on the relational theory of contract. It brings together a number of important works that can be difficult to obtain, to give a concise statement of MacNeil's relational theory
Author : Ian R. Macneil
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (11 download)
Download or read book The Relational Theory of Contract written by Ian R. Macneil and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aikaterini Florou
Publisher : BRILL
ISBN 13 : 9004407472
Total Pages : 261 pages
Book Rating : 4.0/5 (44 download)
Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Author : David Campbell
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312179
Total Pages : 412 pages
Book Rating : 4.8/5 (473 download)
Download or read book Implicit Dimensions of Contract written by David Campbell and published by Bloomsbury Publishing. This book was released on 2003-07-16 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
Author : Catherine E Mitchell
Publisher : A&C Black
ISBN 13 : 1782253130
Total Pages : 442 pages
Book Rating : 4.7/5 (822 download)
Download or read book Contract Law and Contract Practice written by Catherine E Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Author : David Campbell
Publisher : Springer
ISBN 13 : 1137269278
Total Pages : 239 pages
Book Rating : 4.1/5 (372 download)
Download or read book Changing Concepts of Contract written by David Campbell and published by Springer. This book was released on 2017-02-28 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing Concepts of Contract is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour. Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made. In this collection, nine leading UK contract law scholars re-consider Macneil's work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship. In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father's thinking of those experiences outside academia. The collection also includes a Foreword by Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus at the University of Wisconsin-Madison, and an Introduction by Jay M Feinman, Distinguished Professor of Law at Rutgers School of Law.
Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.1/5 (7 download)
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 Frydlinger
Publisher : Springer Nature
ISBN 13 : 3030650995
Total Pages : 327 pages
Book Rating : 4.0/5 (36 download)
Download or read book Contracting in the New Economy written by David Frydlinger and published by Springer Nature. This book was released on 2021-05-24 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s business environment is constantly evolving, filled with volatility, uncertainty, complexity and ambiguity and driven by digital transformation, globalization, and the need to creating value through innovation. These shifts demand that organizations view contracting through a different lens. Since it is impossible to predict every what-if scenario in a transactional contract, organizations in strategic and complex partnerships must shift to a mindset of shared goals and objectives built upon a strong foundation of transparency and trust, working together to mitigate risk much better than merely shifting risk to the weaker party. Contracting in the New Economy helps you to not only develop this mindset – but also offers the practical tools needed to embrace the social side of contracting, enabling your organization to harness the value creating potential of formal relational contracts. Briefly sharing the theoretical foundations that prove relational contracting works, it goes well beyond theory by providing powerful examples of relational contracting principles in practice. In addition, the authors provide a practical and proven approach for helping you to put relational contracting theory into practice for your own relationships. First by providing a framework for approaching any contracting situation and helping organizations finding the best contract model for each situation. And then by sharing five proven steps you can take to create an effective relational contract for you own strategic and complex business relationships. For anyone involved in developing contracts —lawyers, in-house counsels, contract managers, C-level managers, procurement officers, and so on — this book will empower you to create powerful cooperative alliances that will help you reach —and surpass — your business goals in today’s dynamic new environment.
Author : Trevor L. Brown
Publisher : Cambridge University Press
ISBN 13 : 1107292662
Total Pages : 273 pages
Book Rating : 4.1/5 (72 download)
Download or read book Complex Contracting written by Trevor L. Brown and published by Cambridge University Press. This book was released on 2013-08-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complex Contracting draws on core social science concepts to provide wide-ranging practical advice on how best to manage complex acquisitions. Using a strong analytical framework, the authors assess contract management practices, suggesting strategies for improvement and ways to avoid the pitfalls of managing contracts for large and sophisticated projects. An in-depth analysis of the US Coast Guard's Deepwater program is included to illustrate ways to respond to real-world contracting challenges. This high-profile and controversial case consisted of a projected 25-year, $24 billion contract through which the US Coast Guard would buy a system of new boats, aircraft, communications, and control architecture to replace its aging fleet. The authors explore the reasons why this program, launched with such promise, turned out so poorly, and apply the lessons learned to similarly complex contracting scenarios. This engaging and accessible book has broad applicability and will appeal to policymakers, practitioners, scholars and students.
Author : Steve Cropper
Publisher : Oxford Handbooks Online
ISBN 13 : 0199282943
Total Pages : 808 pages
Book Rating : 4.1/5 (992 download)
Download or read book The Oxford Handbook of Inter-organizational Relations written by Steve Cropper and published by Oxford Handbooks Online. This book was released on 2008 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inter-organizational relations (IOR), the study of Strategic Alliances, Joint Ventures, Partnerships, Networks and other forms of relationship between organizations, is a field of study that has burgeoned over the last four decades, but is fragemented, drawing contributions from a wide variety of disciplines, theoretical bases, and sectoral interests. The Oxford Handbook of Inter-Organizational Relations provides a structured overview of the field. With contributions from leading international experts on their particular areas of expertise, it is an authoritative introduction to its research findings. The material is organized in three main sections. The first relates to research that focuses on particular manifestations of IORs such as industry, supply, policy and project networks, public and voluntary sector partnerships, strategic alliances, and so on. The second section relates to research that stems from distinct disciplinary or theoretical bases, including, institutional theory, social networks, evolutionary theory, transaction cost economics, management process, psychology, critical theory political theory, economic geography, and the legal perspective. The third section focuses on key topics in contemporary IOR topics--or those that will become so in the future. These include, trust, power, development interventions, social capital, learning and knowledge, dynamics and change, and evaluation. About the Series Oxford Handbooks in Business & Management bring together the world's leading scholars on the subject to discuss current research and the latest thinking in a range of interrelated topics including Strategy, Organizational Behavior, Public Management, International Business, and many others. Containing completely new essays with extensive referencing to further reading and key ideas, the volumes, in hardback or paperback, serve as both a thorough introduction to a topic and a useful desk reference for scholars and advanced students alike.
Author : Peng Guo
Publisher : Springer
ISBN 13 : 9789811655159
Total Pages : 0 pages
Book Rating : 4.6/5 (551 download)
Download or read book Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer. This book was released on 2022-11-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Author : Dori Kimel
Publisher : Hart Publishing
ISBN 13 : 1841132128
Total Pages : 160 pages
Book Rating : 4.8/5 (411 download)
Download or read book From Promise to Contract written by Dori Kimel and published by Hart Publishing. This book was released on 2003-03-14 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.
Author : Denise Rousseau
Publisher : SAGE
ISBN 13 : 9780803971059
Total Pages : 264 pages
Book Rating : 4.9/5 (71 download)
Download or read book Psychological Contracts in Organizations written by Denise Rousseau and published by SAGE. This book was released on 1995-05-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.
Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Author : Professor Fabrizio Cafaggi
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472421264
Total Pages : 619 pages
Book Rating : 4.4/5 (724 download)
Download or read book The Organizational Contract written by Professor Fabrizio Cafaggi and published by Ashgate Publishing, Ltd.. This book was released on 2013-12-28 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
