Control of Price Related Terms in Standard Form Contracts

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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).

On the Efficiency of Standard Form Contracts

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis On the Efficiency of Standard Form Contracts by : Surajeet Chakravarty

Download or read book On the Efficiency of Standard Form Contracts written by Surajeet Chakravarty and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most contracts that individuals enter into are not written from scratch but depend upon forms and terms that have been successful in the past. In this paper we study the structure of the form construction contracts published by the American Institute of Architects (AIA). We show that these contracts are an efficient solution to the problem of procuring large, complex projects when unforeseen contingencies are inevitable. This is achieved by carefully structuring the ex post bargaining game between the Principal and the Agent. The optimal mechanism corresponding to the AIA construction form is consistent with decisions of the courts in several prominent, but controversial, cases, and hence provides an economic foundation for a number of the common-law excuses from performance. Finally, the case of form contracts for construction is an example of how markets, as opposed to private negotiation, can be used to determine efficient contract terms.

Consumer Law and Economics

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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.

Standard Contract Terms in Cross-border Business Transactions

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Publisher : Studien zum europäischen Privat- und Prozessrecht
ISBN 13 : 9783631603437
Total Pages : 0 pages
Book Rating : 4.6/5 (34 download)

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Book Synopsis Standard Contract Terms in Cross-border Business Transactions by : Gintautas Šulija

Download or read book Standard Contract Terms in Cross-border Business Transactions written by Gintautas Šulija and published by Studien zum europäischen Privat- und Prozessrecht. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an overview of regulation of standard form contracts in the selected jurisdictions of the European Union. Generally, the term 'regulation of standard form contracts' refers to the techniques and procedures that are established by the government and case law to control the fairness and reasonableness of contracting or contractual arrangements. The necessity of regulating standard form contracts is explained by arguing that absolute freedom of contract does not contribute enough to the welfare of society, even if we assume that such freedom exists in reality. Four jurisdictions of the European Union - Germany, France, England, and Lithuania - have been selected for closer examination in order to build up a comprehensive view in the three major jurisdictions of the Union as well as in the 'new Europe'. Moreover, the study elucidates the links between national contract laws and the European Union law. In view of the obstacles a trader may face in abiding by unknown foreign regulations, the national regulations of standard form contract are assessed in the light of so-called 'indistinctly applicable measures' that are prohibited under the European Union law. Thus different options aimed at eliminating trade restrictions created by foreign regulations on standard form contracts are contemplated in this book.

Standard Form Contracts

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Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (311 download)

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Book Synopsis Standard Form Contracts by : Jerome Reiss

Download or read book Standard Form Contracts written by Jerome Reiss and published by . This book was released on 1994 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles of Law of Software Contracts

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (848 download)

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Book Synopsis Principles of Law of Software Contracts by :

Download or read book Principles of Law of Software Contracts written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The FIDIC Forms of Contract

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Publisher : John Wiley & Sons
ISBN 13 : 1118658655
Total Pages : 731 pages
Book Rating : 4.1/5 (186 download)

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Book Synopsis The FIDIC Forms of Contract by : Nael G. Bunni

Download or read book The FIDIC Forms of Contract written by Nael G. Bunni and published by John Wiley & Sons. This book was released on 2013-02-05 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.

Wrap Contracts

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Publisher : Oxford University Press
ISBN 13 : 0199399115
Total Pages : 239 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Wrap Contracts by : Nancy S. Kim

Download or read book Wrap Contracts written by Nancy S. Kim and published by Oxford University Press. This book was released on 2013-09-09 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.

Boilerplate

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Publisher : Princeton University Press
ISBN 13 : 0691163359
Total Pages : 358 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Boilerplate by : Margaret Jane Radin

Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

The 2017 FIDIC Contracts

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Publisher : John Wiley & Sons
ISBN 13 : 1119514657
Total Pages : 264 pages
Book Rating : 4.1/5 (195 download)

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Book Synopsis The 2017 FIDIC Contracts by : William Godwin

Download or read book The 2017 FIDIC Contracts written by William Godwin and published by John Wiley & Sons. This book was released on 2020-02-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a clear and comprehensive guide to the 2017 FIDIC contracts—written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer’s Representative’s function in the Silver including the new procedure for determinations as well as the Employer’s obligations and contract administration. The Contractor’s obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer’s right to suspend the works; testing on and after completion and the Employer’s taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors.

Ancient Law

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Publisher :
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Ancient Law by : Henry Sumner Maine

Download or read book Ancient Law written by Henry Sumner Maine and published by . This book was released on 1906 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Standard Form Contracts

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Standard Form Contracts by : Clayton P. Gillette

Download or read book Standard Form Contracts written by Clayton P. Gillette and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The literature on standard form contracts has increased dramatically in recent years, as lawyers and economists have debated their desirability in both business and consumer settings. The development of novel forms of contracting, such as telephonic and Internet-based contracting, as well as the application of interdisciplinary approaches to legal issues have raised questions concerning the meaning of assent to terms that are presented with little practical opportunity for negotiation. Many of the arguments for or against the enforcement of standard form contracts rely on assumptions concerning the extent to which some buyers can serve as surrogates for others and the presence or absence in standard forms of terms that reflect what would emerge in a competitive environment. Recently, some empirical literature has appeared on these questions as well. Finally, some commentators have suggested additional administrative regulation of contracts to reduce exploitation of those presented with unalterable standard forms. This review of the literature, prepared for the forthcoming Encyclopedia of Law and Economics (2d edition), discusses the current state of the theoretical and empirical literature on these issues.

Contracts for Engineers

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Publisher : CRC Press
ISBN 13 : 1439852863
Total Pages : 370 pages
Book Rating : 4.4/5 (398 download)

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Book Synopsis Contracts for Engineers by : Robert D. Hunter

Download or read book Contracts for Engineers written by Robert D. Hunter and published by CRC Press. This book was released on 2011-09-26 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to communicate contractual issues to lawyers—and then better understand the legal advice they receive. Building on its exploration of contracts, this book expands discussion to: Patents, copyrights, trademarks, trade secrets, and other intellectual property issues Development of standards and the bodies that govern them, as well as conformity assessment and accreditation Ethics at both the micro and macro levels—a concept under major scrutiny after several major disasters, including the Gulf of Mexico oil spill, the collapse of Boston’s Big Dig, and a coal-mining accident that resulted in many deaths With a brief introduction to common law contracts and their underlying principles, including basic examples, the book presents a sample of the Uniform Commercial Code (UCC) regarding the sale of goods. It evaluates elements of the different contracts that engineers commonly encounter, such as employee and associated consulting agreements and contracts involved in construction and government. Approaching intellectual property from a contract perspective, this reference focuses on the many different types of patents and their role in commerce. It touches on the application of trademarks and recent developments in the use of copyright as a form of contract and explains the process of obtaining patents, including the rationale for investing in them. Ethical standards receive special attention, which includes a review of several prominent professional codes of ethics and conduct for both organizations and individual engineers, particularly officers and higher-level managers.

The JCT 05 Standard Building Contract

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Author :
Publisher : Routledge
ISBN 13 : 1856176290
Total Pages : 585 pages
Book Rating : 4.8/5 (561 download)

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Book Synopsis The JCT 05 Standard Building Contract by : Issaka E. Ndekugri

Download or read book The JCT 05 Standard Building Contract written by Issaka E. Ndekugri and published by Routledge. This book was released on 2009 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title helps clarify complex areas of the JCT 05 standard building contract, making it an essential reference for professionals seeking to update their knowledge. The book works through the contract issues thoroughly yet clearly, using case law examples to demonstrate the latest amendments in regards to the Construction Act.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Standard Form Contracts

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Publisher :
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.:/5 (22 download)

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Book Synopsis Standard Form Contracts by :

Download or read book Standard Form Contracts written by and published by . This book was released on 1976 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Battle of Standard Form Contracts

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Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.:/5 (779 download)

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Book Synopsis Battle of Standard Form Contracts by : Jong Goo Lee

Download or read book Battle of Standard Form Contracts written by Jong Goo Lee and published by . This book was released on 2011 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: