Contract I Or General Contracts

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Force Majeure and Hardship Under General Contract Principles

Author : Christoph Brunner
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127925
Total Pages : 626 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Force Majeure and Hardship Under General Contract Principles by : Christoph Brunner

Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

Markup & Profit

Author : Michael Stone
Publisher : Craftsman Book Co
ISBN 13 : 9781572180710
Total Pages : 316 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Markup & Profit by : Michael Stone

Download or read book Markup & Profit written by Michael Stone and published by Craftsman Book Co. This book was released on 1999-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to succeed in a construction business you have to be able to mark up the price of your jobs to cover overhead expenses and make a decent profit. The problem is how much to mark it up. You don't want to lose jobs because you charge too much, and you don't want to work for free because you've charged too little. If you know how much to mark up you can apply it to your job costs and arrive at the right sales price for your work. This book gives you the background and the calculations necessary to easily figure the markup that is right for your business. Includes a CD-ROM with forms and checklists for your use.

California Contractors License Law & Reference Book

Author : California. Contractors' State License Board
Publisher :
ISBN 13 : 9781522191759
Total Pages : 1241 pages
Book Rating : 4.1/5 (917 download)

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Book Synopsis California Contractors License Law & Reference Book by : California. Contractors' State License Board

Download or read book California Contractors License Law & Reference Book written by California. Contractors' State License Board and published by . This book was released on 2020 with total page 1241 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Manual of Style for Contract Drafting

Author : Kenneth A. Adams
Publisher : American Bar Association
ISBN 13 : 9781590313800
Total Pages : 276 pages
Book Rating : 4.3/5 (138 download)

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Book Synopsis A Manual of Style for Contract Drafting by : Kenneth A. Adams

Download or read book A Manual of Style for Contract Drafting written by Kenneth A. Adams and published by American Bar Association. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.

The Construction Contracts Book

Author : Carrie Okizaki
Publisher :
ISBN 13 : 9781641056397
Total Pages : pages
Book Rating : 4.0/5 (563 download)

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Book Synopsis The Construction Contracts Book by : Carrie Okizaki

Download or read book The Construction Contracts Book written by Carrie Okizaki and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"--

Business Law I Essentials

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

North Carolina Contract Law

Author : Scott A. Miskimon
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (126 download)

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Book Synopsis North Carolina Contract Law by : Scott A. Miskimon

Download or read book North Carolina Contract Law written by Scott A. Miskimon and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contracts

Author : Richard Stim
Publisher : Nolo
ISBN 13 : 1413328938
Total Pages : 497 pages
Book Rating : 4.4/5 (133 download)

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Book Synopsis Contracts by : Richard Stim

Download or read book Contracts written by Richard Stim and published by Nolo. This book was released on 2021-09-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life has become an endless series of contracts—this is the manual. There’s no reason to risk your hard-earned money signing a contract you don’t understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you’ll grasp mysterious concepts like “force majeur,” “indemnity,” and “time is of the essence." Contracts: The Essential Business Desk Reference is more than just an A–Z explanation of over 300 terms. It also includes: common negotiating strategies examples of contract provisions sample contract clauses and entire contracts examples of illegal and dangerous contract clauses what to expect if you or the other side breaks a contract up-to-date explanations of electronic contracts, and tips on amending and modifying agreements. Whether you’re starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students—and anyone else whose success is built around understanding and negotiating agreements.

The Uniform Sales Act

Author :
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Uniform Sales Act by :

Download or read book The Uniform Sales Act written by and published by . This book was released on 1919 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Contracting

Author : Arjan Van Weele
Publisher : World Scientific
ISBN 13 : 1908979518
Total Pages : 523 pages
Book Rating : 4.9/5 (89 download)

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Book Synopsis International Contracting by : Arjan Van Weele

Download or read book International Contracting written by Arjan Van Weele and published by World Scientific. This book was released on 2014 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.

Drafting and Negotiating Commercial Contracts

Author : Mark Anderson
Publisher : Bloomsbury Publishing
ISBN 13 : 1526517256
Total Pages : 425 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Drafting and Negotiating Commercial Contracts by : Mark Anderson

Download or read book Drafting and Negotiating Commercial Contracts written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2023-02-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Principles of Contract

Author : Frederick Pollock
Publisher :
ISBN 13 :
Total Pages : 826 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Principles of Contract by : Frederick Pollock

Download or read book Principles of Contract written by Frederick Pollock and published by . This book was released on 1902 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Paper Contracting

Author : William D. Mitchell
Publisher :
ISBN 13 : 9781572182707
Total Pages : 270 pages
Book Rating : 4.1/5 (827 download)

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Book Synopsis Paper Contracting by : William D. Mitchell

Download or read book Paper Contracting written by William D. Mitchell and published by . This book was released on 2012 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk, and the headaches that go wit it, have always been a major part of any construction project -- risk of loss, negative cash flow, construction claims, regulations, excessive changes, disputes, slow pay -- sometimes you'll make money, and often you won't. But many contractors today are avoiding almost all of that risk by working under a construction management contract, where they are simply a paid consultant to the owner, running the job, but leaving him the risk. This manual is the how-to of construction management contracting. You'll learn how the process works, how to get started as a CM contractor, what the job entails, how to deal with the issues that come up, when to step back, and how to get the job completed on time and on budget. Includes a link to free downloads of CM contracts legal in each state.

Contract Law and Contract Practice

Author : Catherine E Mitchell
Publisher : A&C Black
ISBN 13 : 1782253130
Total Pages : 442 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Contract Law and Contract Practice by : Catherine E Mitchell

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.

General Clauses and Standards in European Contract Law

Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124322
Total Pages : 238 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis General Clauses and Standards in European Contract Law by : Stefan Grundmann

Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

The Fundamentals of Contract Law and Clauses

Author : Nancy S. Kim
Publisher : Edward Elgar Publishing
ISBN 13 : 1783479434
Total Pages : 217 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Fundamentals of Contract Law and Clauses by : Nancy S. Kim

Download or read book The Fundamentals of Contract Law and Clauses written by Nancy S. Kim and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.

Construction Contracting

Author : Richard H. Clough
Publisher : John Wiley & Sons
ISBN 13 : 1118693213
Total Pages : 692 pages
Book Rating : 4.1/5 (186 download)

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Book Synopsis Construction Contracting by : Richard H. Clough

Download or read book Construction Contracting written by Richard H. Clough and published by John Wiley & Sons. This book was released on 2015-04-06 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive contracting reference for the construction industry, updated and expanded Construction Contracting, the industry's leading professional reference for five decades, has been updated to reflect current practices, business methods, management techniques, codes, and regulations. A cornerstone of the construction library, this text presents the hard-to-find information essential to successfully managing a construction company, applicable to building, heavy civil, high-tech, and industrial construction endeavors alike. A wealth of coverage on the basics of owning a construction business provides readers with a useful "checkup" on the state of their company, and in-depth exploration of the logistics, scheduling, administration, and legal aspects relevant to construction provide valuable guidance on important facets of the business operations. This updated edition contains new coverage of modern delivery methods, technology, and project management. The field of construction contracting comprises the entire set of skills, knowledge, and conceptual tools needed to successfully own or manage a construction company, as well as to undertake any actual project. This book gives readers complete, up-to-date information in all of these areas, with expert guidance toward best practices. Learn techniques for accurate cost estimating and effective bidding Understand construction contracts, surety bonds, and insurance Explore project time and cost management, with safety considerations Examine relevant labor law and labor relations techniques Between codes, standards, laws, and regulations, the construction industry presents many different areas with which the manager needs to be up to date, on top of actually doing the day-to-day running of the business. This book provides it all under one cover – for the project side and the business side, Construction Contracting is a complete working resource in the field or office.