Unconscionable Conduct in Commercial Transactions

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527520900
Total Pages : 292 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Unconscionable Conduct in Commercial Transactions by : Garth Wooler

Download or read book Unconscionable Conduct in Commercial Transactions written by Garth Wooler and published by Cambridge Scholars Publishing. This book was released on 2018-11-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Unconscionability in European Private Financial Transactions

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139487965
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Unconscionability in European Private Financial Transactions by : Mel Kenny

Download or read book Unconscionability in European Private Financial Transactions written by Mel Kenny and published by Cambridge University Press. This book was released on 2010-06-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.

Unconscionable Crimes

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Author :
Publisher : MIT Press
ISBN 13 : 0262360837
Total Pages : 291 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Unconscionable Crimes by : Paul C. Morrow

Download or read book Unconscionable Crimes written by Paul C. Morrow and published by MIT Press. This book was released on 2020-09-22 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. How can we explain--and prevent--such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes.

Unconscionable Conduct

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Author :
Publisher : Lawbook Company
ISBN 13 : 9780455227139
Total Pages : 608 pages
Book Rating : 4.2/5 (271 download)

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Book Synopsis Unconscionable Conduct by : Paul T. Vout

Download or read book Unconscionable Conduct written by Paul T. Vout and published by Lawbook Company. This book was released on 2009-01-01 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unconscionable Conduct - The Laws of Australia (2nd Edition) provides revised and up-to-date analysis of estoppel, duress, undue influence, misrepresentation, unconscionability, unconscionable dealing and now includes commentary on the principles of equitable mistake by Professor JLR Davis. In so doing, it offers practitioners a unique and in-depth understanding of the equitable, legal and legislative grounds upon which commercial transactions may be set aside for unfair conduct. The 1st edition was praised as a "highly reliable book [that] will earn its place on the shelf of any practitioner in the area" (ACT Law Society - Ethos, 2006) and "a superb and, especially given the qualifications of its many original and updating authors, an authoritative reference book" (Trade Practices Law Journal, 2006). This new edition covers the latest developments in case law such as the New South Wales Court of Appeal's decision on duress in Australia and New Zealand Banking Group Ltd v Karam (2005) 64 NSWLR 149 and its application in Maher v Honeysett and Maher Electrical Contractors Pty Ltd [2007] NSWSC 12; discussion of the relationship between contract and estoppel in Donis v Donis [2007] VSCA 89 and Barnes v Alderton [2008] NSWSC 107; and the implications of the Victorian Court of Appeal decision in Accurate Financial Consultants Pty Ltd v Koko Black Pty Ltd (2008) 66 ACSR 325. Also considered are new legislative developments such as those affecting independent contractor relationships under the Independent Contractors Act 2006 (Cth) and the statutory extension of unconscionable conduct under the Retail Leases Act 2003 (Vic). This material is also published as part of Titles 7 "Contract: General Principles" and 35 "Unfair Dealing" of The Laws of Australia legal encyclopaedia.

The Law of Contracts

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Author :
Publisher :
ISBN 13 :
Total Pages : 1188 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Law of Contracts by : William Herbert Page

Download or read book The Law of Contracts written by William Herbert Page and published by . This book was released on 1919 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

California. Court of Appeal (2nd Appellate District). Records and Briefs

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Author :
Publisher :
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis California. Court of Appeal (2nd Appellate District). Records and Briefs by : California (State).

Download or read book California. Court of Appeal (2nd Appellate District). Records and Briefs written by California (State). and published by . This book was released on with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contracts, Keyed to Farnsworth, Sanger, Cohen, Brooks, and Garvin's

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Author :
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 495 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis Contracts, Keyed to Farnsworth, Sanger, Cohen, Brooks, and Garvin's by : Casenote Legal Briefs

Download or read book Contracts, Keyed to Farnsworth, Sanger, Cohen, Brooks, and Garvin's written by Casenote Legal Briefs and published by Aspen Publishing. This book was released on 2024-02-20 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.

International Commercial Arbitration: Commentary and Materials

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Author :
Publisher : BRILL
ISBN 13 : 900450222X
Total Pages : 1171 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis International Commercial Arbitration: Commentary and Materials by : Gary Born

Download or read book International Commercial Arbitration: Commentary and Materials written by Gary Born and published by BRILL. This book was released on 2021-11-15 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only. Published under the Transnational Publishers imprint. For class adoption a student edition is available for

Kinkel V. Cingular Wireless LLC

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Author :
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Kinkel V. Cingular Wireless LLC by :

Download or read book Kinkel V. Cingular Wireless LLC written by and published by . This book was released on 2005 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Examples & Explanations for Copyright

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543819931
Total Pages : 1025 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Examples & Explanations for Copyright by : Stephen M. McJohn

Download or read book Examples & Explanations for Copyright written by Stephen M. McJohn and published by Aspen Publishing. This book was released on 2021-03-17 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

Vitiation of Contracts

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Publisher : Cambridge University Press
ISBN 13 : 1139620452
Total Pages : 355 pages
Book Rating : 4.1/5 (396 download)

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Book Synopsis Vitiation of Contracts by : Gareth Spark

Download or read book Vitiation of Contracts written by Gareth Spark and published by Cambridge University Press. This book was released on 2013-01-03 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Poole's Textbook on Contract Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198869991
Total Pages : 697 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Poole's Textbook on Contract Law by : Robert M. Merkin

Download or read book Poole's Textbook on Contract Law written by Robert M. Merkin and published by Oxford University Press. This book was released on 2021 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills. Thought-provoking questions are posed throughout to develop an in-depth understanding of the subject through critical engagement.

Duress, Undue Influence and Unconscionable Dealing. First Supplement

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Author :
Publisher :
ISBN 13 : 9780414082090
Total Pages : 0 pages
Book Rating : 4.0/5 (82 download)

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Book Synopsis Duress, Undue Influence and Unconscionable Dealing. First Supplement by : Professor Nelson Enonchong

Download or read book Duress, Undue Influence and Unconscionable Dealing. First Supplement written by Professor Nelson Enonchong and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Essential Principles of Contract and Sales Law in the Northern Pacific

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Author :
Publisher : iUniverse
ISBN 13 : 0595804705
Total Pages : 470 pages
Book Rating : 4.5/5 (958 download)

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Book Synopsis Essential Principles of Contract and Sales Law in the Northern Pacific by : Daniel P. Ryan

Download or read book Essential Principles of Contract and Sales Law in the Northern Pacific written by Daniel P. Ryan and published by iUniverse. This book was released on 2005-08-23 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking an anthropological approach,Essential Principles of Contract and Sales Law in the Northern Pacific highlights how regional customary and traditional law interact with Anglo-American concepts of contract and sales law to produce a unique amalgam of substantive law in this Pacific region. Author and law professor Daniel P. Ryan compiles and discusses the current contract and sales law applicable in the Pacific region, including the Republics of Palau and the Marshall Islands, Hawaii, Guam, Northern Mariana Islands, American Samoa, and the Federated States of Micronesia. Ryan compares and contrasts this regional law to international standards, including the UN Sale of Goods Convention, the UNIDROIT Principles of Contract Law, UNCITRAL Model Law for E-Commerce, the Uniform Commercial Code, the Revised Uniform Commercial Code, and the Restatement (Second) of Contracts. Essential Principles of Contract and Sales Law in the Northern Pacific is essential reading for members of the judiciary, academics, practitioners, students, and businesses within the region and their major trade partners.

The Jurisprudence of Law's Form and Substance

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Author :
Publisher : Routledge
ISBN 13 : 1351792083
Total Pages : 540 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis The Jurisprudence of Law's Form and Substance by : Robert S. Summers

Download or read book The Jurisprudence of Law's Form and Substance written by Robert S. Summers and published by Routledge. This book was released on 2018-04-27 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.

Legal Concepts for Insurance Agent Ethics: How Agents Get Sued and Lose Their Licenses

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Author :
Publisher : Lulu.com
ISBN 13 : 0578149362
Total Pages : 87 pages
Book Rating : 4.5/5 (781 download)

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Book Synopsis Legal Concepts for Insurance Agent Ethics: How Agents Get Sued and Lose Their Licenses by : Dwight Kealy

Download or read book Legal Concepts for Insurance Agent Ethics: How Agents Get Sued and Lose Their Licenses written by Dwight Kealy and published by Lulu.com. This book was released on 2014-09-10 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people think they are fairly ethical-or at least as ethical as others. In this book, attorney and insurance professional Dwight M. Kealy walks the reader through Contract Law, Tort Law, Criminal Law, and the Department of Insurance Code as a way to define ethical boundaries for insurance agent conduct. Sometimes the author writes as the attorney representing a client against an insurance agent. Sometimes the author writes as the attorney defending the insurance agent. Throughout the book, the author balances these opposing views to expose the relevant legal issues, and to encourage the conduct insurance professionals should follow to stay out of court and keep their insurance licenses.

International Trade and Business Law Review

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Author :
Publisher : Routledge
ISBN 13 : 0415442451
Total Pages : 458 pages
Book Rating : 4.4/5 (154 download)

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Book Synopsis International Trade and Business Law Review by : Gabriel Moens

Download or read book International Trade and Business Law Review written by Gabriel Moens and published by Routledge. This book was released on 2008 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. It also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School.