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1

Najm-Makhlouf, Carole. Tacite reconduction et volonté des parties. Paris: L.G.D.J., Lextenso éditions, 2013.

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2

Commission, Manitoba Law Reform. Privity of contract. Winnipeg: The Commission, 1993.

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3

Scotia, Law Reform Commission of Nova. Privity of contract: Third party rights. Halifax: The Commission, 2004.

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Law Reform Commission of Nova Scotia. Privity of contract: Third party rights. Halifax: The Commission, 2004.

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5

Byrne-Sutton, Pascale. Le contrat de travail à temps partiel. Zürich: Schulthess, 2001.

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6

Boland, Kevin. Under contract with the enemy. Cork: Mercier, 1988.

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7

Kevin, Boland. Under contract with the enemy. Cork: Mercier, 1988.

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8

Moisá, Benjamín. La autonomía de la voluntad y la predisposición contractual. Buenos Aires: Zavalía, 2005.

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9

Cashmore, Chris. Parties to a contract of carriage, or, Who can sue on a contract of carriage of goods? London: Lloyd's of London, 1990.

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10

Rivera Rojas, Lucy. Lentes de contacto. Bogotá. Colombia: Universidad de La Salle. Ediciones Unisalle, 2016. http://dx.doi.org/10.19052/9789585400535.

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Esta obra brinda conceptos básicos a partir de los cuales el estudiante puede entender la composición química de los lentes de contacto y, con base en ella, inferir las propiedades que estos materiales le confieren. Incluye además las tendencias actuales en investigación en materiales para lentes de contacto. Está dirigida a estudiantes y docentes interesados en la aplicabilidad de estos conceptos en el campo específico de la optometría.
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11

Commission, Great Britain Law. Privity of contract: Contracts for the benefit of third parties : item 1 of the sixth programme of law reform--the law of contract. London: HMSO, 1996.

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12

Rajagopal, Indhu. Hidden academics: Contract faculty in Canadian universities. Toronto: University of Toronto Press, 2002.

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13

Greenspan, Donald. Particle simulation in contact mechanics of a bouncing elastic ball. Arlington: Dept. of Mathematics, University of Texas at Arlington, 1999.

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14

Engin, E. Murat. Türk iş ve sosyal güvenlik hukukunda işveren. [Istanbul]: Banka-Sigorta İşçileri Sendikası, 1993.

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15

Nuzzo, Massimo. Il mandato conferito nell'interesse altrui. Milano: A. Giuffrè, 2003.

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16

Bahri, Abbas. Flow Lines and Algebraic Invariants in Contact Form Geometry. Boston, MA: Birkhäuser Boston, 2003.

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17

Jiří, Janušek, and Krbec Miroslav 1950-, eds. Unilateral contact problems: Variational methods and existence theorems. Boca Raton: Chapman & Hall/CRC Press, 2005.

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18

Hewitt, Andy. FIDIC Contracts: Obligations of the Parties. Wiley & Sons, Limited, John, 2019.

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19

Hewitt, Andy. FIDIC Contracts: Obligations of the Parties. Wiley & Sons, Incorporated, John, 2014.

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20

Hewitt, Andy. FIDIC Contracts: Obligations of the Parties. Wiley & Sons, Incorporated, John, 2014.

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21

Hewitt, Andy. FIDIC Contracts: Obligations of the Parties. Wiley & Sons, Limited, John, 2014.

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22

Contract formation and parties. Oxford: Oxford University Press, 2010.

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23

Cashmore, Chris. Parties to a Contract of Carriage. L L P, Inc., 1990.

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24

Holm, John. Languages in Contact: The Partial Restructuring of Vernaculars. Cambridge University Press, 2008.

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25

Holm, John A. Languages in Contact: The Partial Restructuring of Vernaculars. Cambridge University Press, 2004.

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26

Languages in contact: The partial restructuring of vernaculars. Cambridge: Cambridge University Press, 2004.

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27

Holm, John. Languages in Contact: The Partial Restructuring of Vernaculars. Cambridge University Press, 2004.

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28

Holm, John. Languages in Contact: The Partial Restructuring of Vernaculars. Cambridge University Press, 2003.

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29

Holm, John. Languages in Contact: The Partial Restructuring of Vernaculars. Cambridge University Press, 2003.

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30

Holm, John. Languages in Contact: The Partial Restructuring of Vernaculars. Cambridge University Press, 2009.

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31

Furmston, Michael, and Gregory Tolhurst. Privity of Contract. Oxford University Press, 2015.

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32

Tayseng, Ly. Formation of Contract and Third Parties in Cambodia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0017.

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This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.
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33

Ó Dochartaigh, Niall. Deniable Contact. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192894762.001.0001.

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Despite the importance of secret negotiations during the Northern Ireland conflict there is no full-length study of the use of back-channels in repeated efforts to end the ‘Troubles’. This book provides a textured account that extends our understanding of the distinctive dynamics of negotiations conducted in secret and the conditions conducive to the negotiated settlement of conflict. It disrupts and challenges some conventional notions about the conflict in Northern Ireland, offering a fresh analysis of the political dynamics and the intra-party struggles that sustained violent conflict and prevented settlement for so long. It draws on theories of negotiation and mediation to understand why efforts to end the conflict through back-channel negotiations repeatedly failed before finally succeeding in the 1990s. It challenges the view that the conflict persisted because of irreconcilable political ideologies and argues that the parties to conflict were much more open to compromise than the often-intransigent public rhetoric suggested. The analysis is founded on a rich store of historical evidence, including the private papers of key Irish republican leaders and British politicians, recently released papers from national archives in Dublin and London, and the papers of Brendan Duddy, the intermediary who acted as the primary contact between the IRA and the British government during key phases of engagement, including papers that have not yet been made publicly available. This documentary evidence, combined with original interviews with politicians, mediators, civil servants, and republicans, allows a vivid picture to emerge of the complex maneuvering at this intersection.
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34

Eck, Christof, Miroslav Krbec, and Jiri Jarusek. Unilateral Contact Problems. Taylor & Francis Group, 2019.

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35

Richard, Calnan. Part II Text and Context, 4 Principle 4: The Context. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792307.003.0005.

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This chapter explains that contracts are read in the context of their background facts. These are the facts reasonably available to the parties which are relevant to establishing how a reasonable person would understand what the parties intended by the contract when it was entered into. It discusses the different approaches to context. Some judges are keen to use the context fully. Others would rather limit the extent to which external factors can influence the words of the contract. This is an important practical issue on which there are divergent views, and the chapter discusses the issues concerned and suggests a way forward. It discusses the limitations on the use of context, including the use of prior negotiations and subsequent conduct in interpreting contracts. It also discusses the effect on third parties of a contextual reading of contracts.
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36

Lee, Byonghi. Partial nitrification of high nitrogen wastewater in the contact stabilization process. 1992.

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37

Chen-Wishart, Mindy. Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806356.001.0001.

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Contract Law offers a new approach, utilising diagrams to complement the text. The book explains the intricacies of contract law and the questions that arise during the life of a contract. Part I of the book explains what contract law is and defines its scope. Part II of the book looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties. Part IV considers the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V analyses the terms of contracts: express, implied, collateral, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the remedies of termination, damages, and specific and agreed remedies. Part VII examines good faith in current contract law.
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38

Kötz, Hein. European Contract Law: Volume 1: Formation, Validity, Agency, Third Parties and Assignment (European Contract Law). Oxford University Press, USA, 1998.

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39

Kincaid, Peter. Privity: Private Justice or Public Regulation. Taylor & Francis Group, 2023.

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40

Kincaid, Peter. Privity: Private Justice or Public Regulation. Taylor & Francis Group, 2023.

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41

Kincaid, Peter. Privity: Private Justice or Public Regulation. Taylor & Francis Group, 2023.

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42

Kincaid, Peter. Privity: Private Justice or Public Regulation. Taylor & Francis Group, 2023.

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43

Bell, Gary F. Formation of Contract and Stipulations for Third Parties in Indonesia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0018.

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Indonesia is one of the most legally diverse and complex countries in the world. It practises legal pluralism with three types of contract law in force: adat (customary) contract laws, Islamic contract laws (mostly concerning banking), and the European civil law of contract, transplanted from the Netherlands in 1847, found mainly in the Civil Code (Kitab Undang-Undang Hukum Perdata). This chapter focuses on European civil law as it is the law used for the majority of commercial transactions. The civil law of contract is not well developed and there is a paucity of indigenous doctrine and jurisprudence, since most significant commercial disputes are settled by arbitration. The contours of the law are consistent with the French/Dutch legal tradition. In the formation of contracts, the subjective intention of the parties plays a greater role than in the common law. As with most jurisdictions with a Napoleonic tradition, the offer must include all the essential element of the contract, there is no concept of ‘invitations to treat’ or of ‘consideration’, the common law posting rule is rejected, and the contract is formed only when the acceptance is received. There are generally few requirements of form but some contracts must be in writing and some in a notarial deed.
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44

Privity of contract: Contracts for the benefit of third parties. London: HMSO, 1991.

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45

Eisenberg, Melvin A. The Elements of a Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0027.

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Chapter 27 concerns the elements of a contract. Contracts consist in large part of expressions, that is, manifestations consisting of words, acts, or both, which are either communicated by an addressor to an addressee or jointly produced by two (or occasionally more) contracting parties. It is sometimes assumed that where contractual expressions are embodied in a single writing the writing is the contract. That assumption is incorrect because contracts almost invariably include a number of additional elements—in particular, the implications of the parties’ expressions and any relevant usage, course of dealing, and course of performance. The context and purpose of a contract are not, strictly speaking, elements of a contract, but bear on its interpretation.
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46

McKendrick, Ewan. Contract Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855293.001.0001.

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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 60% text to 40% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.
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47

McKendrick, Ewan. Contract Law. 10th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192856548.001.0001.

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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 60 per cent text to 40 per cent cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.
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48

Chen-Wishart, Mindy. Contract Law. 7th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192848635.001.0001.

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Contract Law offers a new approach, utilising diagrams and commentary boxes to complement the text. The book explains the intricacies of contract law by reference to the questions that arise during the life of a contract. Part I of the book introduces contract law. Part II looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties who may benefit or be burdened by the contract. Part IV considers the reasons for allowing a party to escape the contract, namely the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V looks at how to determine the contents of contracts: express, implied, and collateral terms, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the availability of the remedies of termination, damages, and specific and agreed remedies. Part VII examines whether obligations of good faith should be recognised in current contract law and how that might affect the way we understand contract law.
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49

McKendrick, Ewan. Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198808169.001.0001.

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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 40% text to 60% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.
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50

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.2: Third party rights, Art.5.2.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0094.

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This commentary focuses on Article 5.2.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contracts in favour of third parties. Art 5.2.1 stipulates that the parties to a contract can validly agree to benefit a third party, and that it is possible that the third party acquires a right from such an agreement. It also introduces a particular terminology for denominating the parties in the triangular relationship. There are two original parties (‘the parties’) whose agreement contains the promise of one of them (‘the promisor’) to the other (‘the promisee’) to benefit a third person (‘a third party’). This commentary discusses the ‘relativity’ or ‘privity’ of contracts, validity of contracts in favour of third parties, power of the promisor and the promisee to create third party rights, content of the beneficiary's right, rights of the promisee, and implications of invalidity of contracts for third parties.
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