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Third Party Beneficiaries And Contractual Networks
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Book Synopsis Third Party Beneficiaries and Contractual Networks by : Alan Schwartz
Download or read book Third Party Beneficiaries and Contractual Networks written by Alan Schwartz and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increasing trend of economic agents is to form productive associations such as networks, platforms and other hybrids. Subsets of these agents contract with each other to further their network project and these contracts can create benefits for, or impose costs on, agents who are not contract parties. Contract law regulates third party claims against contract parties with the third party beneficiary doctrine, which directs courts to ask whether the contracting parties “intended” to benefit a particular third party. We show here what courts do with third party claims when network members fail to perform for third parties and what the law's best responses to such breaches should be. Among our principal results are that courts honor third party claims when contract members likely can price them and when third parties incur substantial reliance losses, but protect third party interests less frequently than they should and refuse relief when contract members can identify the potential beneficiary class but not every agent who is likely to be in it.
Book Synopsis Formation and Third Party Beneficiaries by : Mindy Chen-Wishart
Download or read book Formation and Third Party Beneficiaries written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2018 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This second volume examines the formal requirements for contract formation and the rights of third parties.
Book Synopsis Contracts for a Third-Party Beneficiary by : Jan Hallebeek
Download or read book Contracts for a Third-Party Beneficiary written by Jan Hallebeek and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study deals with the concept of contracts for a third-party beneficiary, which is nowadays generally accepted in Western European jurisdictions. The subject is discussed in its development through the ages as well as from the perspective of present-day comparative law.
Book Synopsis Public-Private Contractual Networks and Third Parties Rights: The Contracting State as a Challenge for Private Law by :
Download or read book Public-Private Contractual Networks and Third Parties Rights: The Contracting State as a Challenge for Private Law written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In public-private partnership, the question of a third party's rights always was and still remains very controversial. On the one hand, public law has elaborated extensively on third parties' rights over the years. Solutions range from the two-step approach (Zweistufentheorie) to the extensive use of constitutional rights to the requirement of a compulsory written consent. On the other hand, under private contract law, third parties are almost completely barred from having any legal influence on the contract as a matter of principle.
Book Synopsis Public-Private Contractual Networks and Third Parties Rights: The Contracting State as a Challenge for Private Law by :
Download or read book Public-Private Contractual Networks and Third Parties Rights: The Contracting State as a Challenge for Private Law written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In public-private partnership, the question of a third party's rights always was and still remains very controversial. On the one hand, public law has elaborated extensively on third parties' rights over the years. Solutions range from the two-step approach (Zweistufentheorie) to the extensive use of constitutional rights to the requirement of a compulsory written consent. On the other hand, under private contract law, third parties are almost completely barred from having any legal influence on the contract as a matter of principle.
Book Synopsis The Paths to Privity by : Vernon V. Palmer
Download or read book The Paths to Privity written by Vernon V. Palmer and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Palmer's fascinating study analyzes the ingrained tendency to prevent third party beneficiary actions through a historical account of privity of contract. Chapter I discusses the origins and historical questions surrounding the issue of privity. Chapter II covers the triumph of consideration in the formative period, 1500-1680. Chapter III outlines the expansion in the chancery phase, 1680-1800, and Chapter IV deals with the rise of the parties-only principle at law and equity during the 1800s.
Book Synopsis Contract Beneficiary Doctrine in California by : Merl Richard Imes
Download or read book Contract Beneficiary Doctrine in California written by Merl Richard Imes and published by . This book was released on 1926 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis How to Deal with Third Party Beneficiaries in Contracts by : Andrew Mold
Download or read book How to Deal with Third Party Beneficiaries in Contracts written by Andrew Mold and published by . This book was released on 2002 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Incorporating the Third Party Beneficiary Principle in Natural Resource Contracts by : James Thuo Gathii
Download or read book Incorporating the Third Party Beneficiary Principle in Natural Resource Contracts written by James Thuo Gathii and published by . This book was released on 2016 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third world citizens -- parties who often have the most to lose in natural resource contracts between their governments and foreign investors -- often have no voice in negotiations of the contracts and consequently have no remedy under contract law when harms occur or when the contracts are not properly enforced. The privity of contracts doctrine, which permits contract suits only by parties to the contract, bars these citizens from suing because they were not in privity with any of the contracting parties, despite that these contracts are generally made for the benefit of these citizens. However, some countries have adopted -- and this Essay argues other countries ought to adopt -- a rule that adequately protects the interests of these third parties: the Third Party Beneficiary Principle.The Third Party Beneficiary Principle permits third parties -- who lack privity -- to sue where the contract was formed for the benefit of such third parties. In the context of natural resource contracts, citizens are the intended third party beneficiaries, and as such should have some legal mechanism by which they can sue under the contract.The Third Party Beneficiary Principle is the best possible solution to current problems. It can supplement the unenforceable methods of reproach currently available to citizens in natural resource contract situations that adversely affects them. Though the Third Party Beneficiary Principle is not perfect in its application, it is the best possible method currently available for permitting citizens to seek legal remedies.
Book Synopsis A Civilian Perspective on Network Contracts and Privity by : Matthias E. Storme
Download or read book A Civilian Perspective on Network Contracts and Privity written by Matthias E. Storme and published by . This book was released on 2018 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to contribute to the debate on the “edges of contract law,” especially on the value of the privity rule in an age of network contracts and sharing economy, this Essay analyzes some approaches and solutions chosen by continental or civil law systems of private law. It mainly deals with the effects of chains of (in principle bilateral) contracts and more specifically the effect in one relationship of the fact that a contracting partner also has a contract with a third party. First, this Essay studies the effects in a first contractual relationship, of other contracts concluded by one of the parties in the first one (internal liability). Second, it discusses some ways in which persons may acquire rights or be burdened by duties from a contract to which they were not a party, and privity is thus “extended” (paying attention inter alia to assignment, contracts for the benefit of a third party, and so-called “direct actions”). Finally, it touches upon some aspects of tort law specifically relevant to chains or networks of contracts.
Book Synopsis Third Party Beneficiaries, Assignment, Joint & Several Contracts, Breach: §§ 772-989 by : Arthur Linton Corbin
Download or read book Third Party Beneficiaries, Assignment, Joint & Several Contracts, Breach: §§ 772-989 written by Arthur Linton Corbin and published by . This book was released on 1951 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Third Party Beneficiaries, Assignment, Joint & Several Contracts, Breach by : Arthur Linton Corbin
Download or read book Third Party Beneficiaries, Assignment, Joint & Several Contracts, Breach written by Arthur Linton Corbin and published by . This book was released on 2002 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Third Party Beneficiaries, Assignment, Joint and Several Contracts by : John E. Murray
Download or read book Third Party Beneficiaries, Assignment, Joint and Several Contracts written by John E. Murray and published by . This book was released on 2007 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Networks as Connected Contracts by : Gunther Teubner
Download or read book Networks as Connected Contracts written by Gunther Teubner and published by Bloomsbury Publishing. This book was released on 2011-05-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - nor is it a type of business association or company, since it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations.
Book Synopsis Contractual Networks, Inter-firm Cooperation and Economic Growth by : Fabrizio Cafaggi
Download or read book Contractual Networks, Inter-firm Cooperation and Economic Growth written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book presents a legal and economic analysis of inter-firm cooperation through networks as an alternative to vertical integration. It examines comparatively various forms of collaboration, ranging from consortia to multiparty joint ventures and from franchising to dealerships. Collaboration among firms of different sizes helps to overcome numerousweaknesses of the modern western industrial systems. It permits the governing of vertical disintegration without increasing fragmentation and transaction costs and allows firms to benefit from resource complementarities, favoring division of labour. The contributing authors, primarily focusing on Europe and the US, address important ways in which legal systems provide a framework for inter-firm coordination. It is clear from the analysis that significant obstacles to collaboration still remain, and the authors call for legal reforms at European and Member States level.
Book Synopsis Problems in Contract Law by : Charles L. Knapp
Download or read book Problems in Contract Law written by Charles L. Knapp and published by Aspen Publishing. This book was released on 2019-02-01 with total page 1657 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Problems in Contract Law: Cases and Materials, Ninth Edition, by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince, a balance of traditional and contemporary cases reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context, while questions and problem exercises bridge theory and practice. Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings, and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. New to the Ninth Edition: Seven new cases that reflect advances in or improved statements of contract law Two restored cases (Kirksey v. Kirksey and Hill v. Jones) that provide valuable perspectives on fundamental areas of contract law Eight new problems (including seven net additions and one replacement) to provide more review options for teachers and students and to add contemporary fact patterns A new, two-color design featuring interesting photographs illustrating people and places discussed in some of the cases Editing of note and text material to reduce length without affecting coverage Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors flexibility in assigning or deleting comments Student accessibility to deleted cases from prior editions through Connected Casebook, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference Professors and students will benefit from: Flexible application for professors with various teaching methodologies: traditional, problem, theoretical, and practical A mixture of classic and contemporary cases The authors’ emphasis on accessibility of the material—rejecting a hide-the-ball approach Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.
Book Synopsis The Organizational Contract by : Stefan Grundmann
Download or read book The Organizational Contract written by Stefan Grundmann and published by Routledge. This book was released on 2016-02-17 with total page 384 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.
