On The Efficiency 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).

University of Chicago Law Review: Volume 78, Number 4 - Fall 2011

Author : University of Chicago Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279360
Total Pages : 607 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Volume 78, Number 4 - Fall 2011 by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Volume 78, Number 4 - Fall 2011 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2012-04-11 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading law review now offers a quality eBook edition. The fourth and final issue of 2011 (Volume 78) features articles and essays from internationally recognized legal scholars and governmental leaders, including Cass Sunstein (on empirically informed regulation), Jonathan Bressler (on jury nullification and Reconstruction), Daniel Schwarcz (on standardized insurance policies), and Bertral Ross II (writing against constitutional mainstreaming in stautory interpretation). In addition, the issue includes a review essay on the book The Master Switch, as well as student Comments on such subjects as same-sex divorce, religious practices by prisoners, falsely claiming Medal of Honor status, and enhancement in federal sentencing. The issue is presented in modern eBook formatting and features active Tables of Contents; linked footnotes and URLs; and legible graphs and tables.

Research Handbook on International and Comparative Sale of Goods Law

Author : Djakhongir Saidov
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436159
Total Pages : 467 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on International and Comparative Sale of Goods Law by : Djakhongir Saidov

Download or read book Research Handbook on International and Comparative Sale of Goods Law written by Djakhongir Saidov and published by Edward Elgar Publishing. This book was released on 2019 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.

The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

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.

Readings in the Economics of Contract Law

Author : Victor P. Goldberg
Publisher : Cambridge University Press
ISBN 13 : 9780521349208
Total Pages : 270 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis Readings in the Economics of Contract Law by : Victor P. Goldberg

Download or read book Readings in the Economics of Contract Law written by Victor P. Goldberg and published by Cambridge University Press. This book was released on 1989 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the main contributions to an important area of this work, the economics of contract law.

Contract Law in Perspective

Author :
Publisher : Routledge
ISBN 13 : 1134066759
Total Pages : 261 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Contract Law in Perspective by :

Download or read book Contract Law in Perspective written by and published by Routledge. This book was released on with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contract Law and Economics

Author : Gerrit de Geest
Publisher : Edward Elgar Publishing
ISBN 13 : 1849806640
Total Pages : 497 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Contract Law and Economics by : Gerrit de Geest

Download or read book Contract Law and Economics written by Gerrit de Geest and published by Edward Elgar Publishing. This book was released on 2010-10 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.

The Limits of Government

Author : Gunnar Eliasson
Publisher : Transaction Publishers
ISBN 13 : 9781412837613
Total Pages : 308 pages
Book Rating : 4.8/5 (376 download)

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Book Synopsis The Limits of Government by : Gunnar Eliasson

Download or read book The Limits of Government written by Gunnar Eliasson and published by Transaction Publishers. This book was released on with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: When and why does government interference in the market process succeed and when and why does it fail? The limits of government and the consequences for economic growth of government interference in markets are the central themes in this book. Theoretical as well as case-oriented empirical studies are included. The anthology contains selected papers presented at the Sixth Conference of the International Joseph A. Schumpeter Society in Stockholm. There is no way to understand how an economy at large behaves without taking a close look at the actors who make it behave. There is no way to understand the agents operating in markets without placing them in the context of the institutions that determine the incentives that pull, and the competition that pushes, them in different directions and together coordinate all actors into a fairly consistent macro-economic whole. This also means that successful policymaking, whether directed at the macro or micro levels of the economy, demands insights on the part of the policymaker that go far beyond what mainstream economic theory is capable of providing. The volume is divided into two parts: Theories of State Interference and Consequences of State Interference and Non-Interference. The volume is remarkably current, including essays on Microsoft versus Netscape; Russia's Agrarian Dilemma; the Expanding Public Sector; and a contribution to fundamental economic policy analysis concerning prospects for democratic capitalism. The volume is serious, concrete, rich in statistical data of present-day worth and empirical research of larger theoretical value. Gunnar Eliasson is author of Technology Generation or a National Prestige Project: The Swedish Aircraft Industry (in Swedish). His colleague, Nils Karlson is president of the City University of Stockholm. Among his writings are The Future of the Social Insurance System; Can the Present Problems of Mature Welfare States Be Solved; and States within States.

Annual Report of the General Accounting Office

Author : United States. General Accounting Office
Publisher :
ISBN 13 :
Total Pages : 1132 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Annual Report of the General Accounting Office by : United States. General Accounting Office

Download or read book Annual Report of the General Accounting Office written by United States. General Accounting Office and published by . This book was released on with total page 1132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Annual Report - Comptroller General of the United States

Author : United States. General Accounting Office
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Annual Report - Comptroller General of the United States by : United States. General Accounting Office

Download or read book Annual Report - Comptroller General of the United States written by United States. General Accounting Office and published by . This book was released on 1927 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Comparative Examination of Multi-Party Actions

Author : Joanne Blennerhassett
Publisher : Bloomsbury Publishing
ISBN 13 : 1509905308
Total Pages : 339 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis A Comparative Examination of Multi-Party Actions by : Joanne Blennerhassett

Download or read book A Comparative Examination of Multi-Party Actions written by Joanne Blennerhassett and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm. This title is included in Bloomsbury Professional's International Arbitration online service.

The New Engineering Contract

Author : Arthur McInnis
Publisher : Thomas Telford
ISBN 13 : 9780727729613
Total Pages : 698 pages
Book Rating : 4.7/5 (296 download)

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Book Synopsis The New Engineering Contract by : Arthur McInnis

Download or read book The New Engineering Contract written by Arthur McInnis and published by Thomas Telford. This book was released on 2001 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the New Engineering Contract (NEC) encourages a systematic approach to contracting which is multidisciplinary in nature and fully interlocked in form. The NEC is intended by its supporters to be more flexible and easier to use than any current leading traditional standard forms of contract. It is believed that these features reduce adversariality and disputes. The NEC seeks to achieve this aim primarily through co-operative management techniques and incentives built into the NEC's procedures. This commentary analyses and evaluates these and related claims of innovation. The New Engineering Contract: A legal commentary examines the background to the NEC, its design objectives, structure, procedures and likely judicial interpretation to determine whether it improves upon the traditional standard forms of contract. Special attention is given in the commentary to the development and the significance of the principles underlying preparation of the NEC as well as the arguments in favour of and against them.Throughout the detailed commentary upon the NEC clauses comparisons to the traditional forms are also made to highlight unique features and principles of general application. The conclusion reached is that the NEC does make a significant contribution to the development of standard forms of contract, addresses many of their short comings and offers one of the best models for their future development, direction and design. The commentary draws upon the body of the project management literature and legal analysis to support its conclusions. The New Engineering Contract: A legal commentary will be essential reading for lawyers, barristers and solicitors, as well as engineers and project managers.

Contract

Author : H G Beale
Publisher : Oxford University Press
ISBN 13 : 0199287368
Total Pages : 1331 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Contract by : H G Beale

Download or read book Contract written by H G Beale and published by Oxford University Press. This book was released on 2008 with total page 1331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook on contract comprises a wide selection of cases and materials that illustrate the substantive law and places it in its legal and commercial context. It demonstrates how the rules work both inside and outside the courtroom.

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.

Annual Report of the Comptroller of the Treasury

Author : United States. Comptroller of the Treasury
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Annual Report of the Comptroller of the Treasury by : United States. Comptroller of the Treasury

Download or read book Annual Report of the Comptroller of the Treasury written by United States. Comptroller of the Treasury and published by . This book was released on 1927 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Contract Law

Author : Larry A. DiMatteo
Publisher : Oxford University Press
ISBN 13 : 0198728735
Total Pages : 513 pages
Book Rating : 4.1/5 (987 download)

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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.