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1
Hansen, Carina Risvig. Contracts not covered, or not fully covered, by the Public Sector Directive. Copenhagen: Djøf Publishing, 2012.
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2
Bridge mix: Chocolate-covered contracts and plenty of nuts. Toronto: Master Point Press, 2011.
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3
Construction insurance in the Arab Gulf area: An analysis of cover and contracts. London: Graham & Trotman, 1991.
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4
America's covert warriors: Inside the world of private military contractors. Washington, D.C: Potomac Books, 2011.
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5
Gentilcore, Edward B. Pennsylvania construction law: Getting started, getting covered, getting paid. Mechanicsburg, Pa. (5080 Ritter Rd., Mechanicsburg 17055-6903): PBI Press, Pennsylvania Bar Institute, 2010.
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6
Weiss, John. Automatic jet contrail detection and segmentation. [Washington, DC: National Aeronautics and Space Administration, 1997.
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7
Weiss, John. Automatic jet contrail detection and segmentation. [Washington, DC: National Aeronautics and Space Administration, 1997.
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8
Get Your Book Published!: From Contracts to Covers, Editing to eBooks, Marketing and Sales, What Every Writer and Author Should Know. New York: HigherLife Pub., 2013.
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9
Waldman, Thomas. Vicarious Warfare. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529206999.001.0001.
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America has been at war for most of the 20th and 21st centuries and during that time has progressively moved towards a vicarious form of warfare, where key tasks are delegated to proxies, the military's exposure to danger is limited, and special forces and covert instruments are on the increase. Important strategic decisions are taken with minimal scrutiny or public engagement. This book charts the historical emergence of this distinctive tradition of war and explains the factors driving its contemporary prominence. It argues that vicarious warfare is an extreme form of strategic alchemy, and contemporary America is its most enthusiastic guild. In simple terms, vicarious warfare refers to the prospect of war on the cheap, fought at a reduced price in blood, treasure or political capital relative to ambition. The book contrasts the tactical advantages of vicarious warfare with its hidden costs and potential to cause significant strategic harm.
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Contracts Cases & Doctrine Printed Cover. 3rd ed. Aspen Publishers, 2006.
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11
Arvind, TT. Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198703471.001.0001.
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Contract Law provides a uniquely practical approach to the topic. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, the requirement of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public interest. The final part is about enforcing contracts. The text here examines issues relating to breach of contract, compensatory remedies, non-compensatory remedies, and third-party matters.
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Arvind, TT. Contract Law. 2nd ed. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829263.001.0001.
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Contract Law provides a uniquely practical approach to the topic. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, and the requirements of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public interest. The final part is about enforcing contracts. The text here examines issues relating to breach of contract, compensatory remedies, non-compensatory remedies, and third party matters.
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Arvind, TT. Contract Law. 3rd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198867777.001.0001.
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Contract Law provides a uniquely practical approach to the topic; enriched with scenarios to support deep understanding of legal principles, analysis, and critique. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, and the requirements of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public interest. The final part is about enforcing contracts. The text here examines issues relating to breach of contract, compensatory remedies, non-compensatory remedies, and third party matters.
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MacKenzie, Judith-Anne. 5. The contract. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198748373.003.0005.
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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter explains the contract for the sale of an estate or an interest in land. It discusses the rules for contracts made on or after September 1989; contracts made before 27 September 1989; and the use of estoppel and constructive trusts to replace part performance after the Law of Property (Miscellaneous Provisions) Act 1989. It also covers estoppel and constructive trusts; electronic contracts; effects of the contract; remedies for breach of contract; and application of the law to the sale of the freehold property, 2 Trant Way.
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Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0005.
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This commentary focuses on Article 1.1, which deals with freedom of contract, the most important fundamental principle of contract law for contracts governed by the UNIDROIT Principles of International Commercial Contracts (PICC). Art 1.1 restates a general principle of law in the technical sense; that is, a principle common to the laws of all — or at least most — jurisdictions in the world. All modern contract laws recognize freedom of contract, albeit for different reasons and to varying degrees. Art 1.1 covers two aspects of contractual freedom: the first is the freedom to decide whether to conclude a contract at all, and with whom; the second is the freedom to contract on the terms desired by the parties. Limitations of the freedom to determine the content of the contract follow from mandatory rules of the PICC.
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Carrasco, Marisa. Spatial Covert Attention. Edited by Anna C. (Kia) Nobre and Sabine Kastner. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199675111.013.004.
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This review focuses on how covert attention modulates perception. It explains why attention is considered a selective process, the constructs of covert attention, and spatial endogenous and exogenous attention. This review includes the effects of spatial attention on discriminability and appearance in tasks mediated by contrast sensitivity and spatial resolution.
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Jefferson, Michael. 2. Contracts of employment. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198759157.003.0002.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Topics covered include the sources of terms in employment contracts; duties of the employer; and duties of the employee.
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Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.2: Third party rights, Introduction to Section 5.2 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0093.
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Section 5.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with contracts in favour of third parties. It covers the creation of a third party right by way of contract and includes the basic rule that provides for the validity and enforceability of contracts in favour of third parties and states the requirements for bringing a third party right into existence. It also defines the rights and duties of the parties in the triangular relationship arising from a contract in favour of a third party. These provisions provide default rules for the conflict of interests typically arising between the three parties involved. Section 5.2 also discusses the defences of the promisor, the extent of the original parties' power to modify or revoke the third party's right, and the right of the third party to renounce the benefit conferred upon it.
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Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0006.
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This commentary focuses on Article 1.2, which spells out a fundamental principle of contract law: the principle of freedom from form, or ‘principle of informality’. No contract, statement, or other act made under the UNIDROIT Principles of International Commercial Contracts (PICC) requires a particular formality in order to be valid and enforceable; it is sufficient if these are made orally or by mere conduct. While the PICC admit for exceptions to some of their other fundamental contract law principles, the principle of freedom from form is executed in the purest form possible. It applies to the formation of contracts as well as to their subsequent modification and termination, it is reinforced by Art 3.1.2, and there is not a single exception to it. Art 1.2 covers relevant and mandatory formal requirements, formal requirements agreed by the parties, and the concept of ‘writing’.
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Solicitors, Stones Porter, and Design Business Association, eds. Are you and your employees covered by your contracts?: Contracts with your employees. London: Stones Porter Solicitors, 1988.
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21
Ross G, Anderson. Ch.2 Formation and authority of agents, s.1: Formation, Introduction to Arts 2.1.1–2.1.14. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0232.
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Chapter 2 of the UNIDROIT Principles of International Commercial Contracts (PICC) contains the core provisions on contract formation. It has two sections: the first deals with offers, acceptances, negotiations, standard terms, and standard firms; the second deals with agency. The fundamental rules on formation of contract which focus on the law of offer and acceptance are provided in Arts 2.1.1–2.1.14. The ‘classical’ model of contract law centres on the parties' agreement to assume obligations with private law consequences, whereas the ‘neoclassical’ model adopts a less strict approach but with a similar focus. This chapter covers contract formation in modern commercial practice, along with provisions relating to electronic signatures, letters of intent, and notices.
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Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0085.
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This commentary focuses on Article 5.1.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning implied contractual obligations. According to Art 5.1.2, implied obligations stem from the nature and purpose of the contract as well as practices established between the parties and usages. Arts 5.1.1 and 5.1.2 cover the same ground as Art 4.8. It does not matter which of these provisions is applied.
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Eisenberg, Melvin A. The Statute of Frauds. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0056.
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Chapter 56 concerns the statute of frauds. The law does not require contracts as a class to be in writing. However, the Statute of Frauds, adopted in England in 1677 and in force in almost every American state, provides that certain kinds of contracts are unenforceable against the party sought to be held liable unless the contract is evidenced by a writing or, today, an electronic equivalent, signed by that party. Section 4 of the Statute provides that no action shall be brought upon any contract or sale of land, or any agreement that is not to be performed within one year from the making thereof, unless the agreement or some memorandum or note thereof is in writing and signed by the party to be charged. Section 17 of the original Statute covered contracts for the sale of goods. That section has been superseded by the UCC.
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Jefferson, Michael. 2. Contracts of employment. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815167.003.0002.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract but are usually expressed to apply after termination. They are a rare illustration of contractual terms which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers, eg by taking commercially confidential information or influencing customers to give their business to the firm he has joined. Topics covered include the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.
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Han, Tan Cheng. Contract Formation in Singapore. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0008.
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The Singapore law on contract formation largely replicates the English law which it inherited and is covered by the Application of English Law Act 1993 ‘so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require’. The offer and acceptance approach to contract formation is mediated through the objective test of intention taking account of the circumstances in which the words or conduct are to be interpreted; but if one party’s mistaken expression is known to the other, there is no valid contract. Where such an analysis is difficult, the courts may imply contracts or perfect contracts if the parties’ intention to contract is clear. Offers are distinguished from ‘invitations to treat’ since the former evince an intention to be bound by acceptance, while the latter do not. Offers can be revoked at any time before acceptance and, in the absence of consideration, even before the expiry of the time for which the offers are stated to be open.
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Alqassas, Ahmad. A Unified Theory of Polarity Sensitivity. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197554883.001.0001.
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This book examines polarity sensitivity—a ubiquitous phenomenon involving expressions such as anybody, nobody, ever, never, and somebody and their counterparts in other languages, with particular focus on Arabic. These expressions belong to different classes such as negative and positive polarity, negative concord, and negative indefinites, which led to examining their syntax and semantics separately. In this book, Ahmad Alqassas pursues a unified approach that relies on examining the interaction between the various types of polarity sensitivity. Treating this interaction is fundamental for scrutinizing their licensing conditions. Alqassas draws on data from Standard Arabic and the major regional dialects represented by Jordanian, Egyptian, Moroccan, and Qatari. The book provides a new perspective on the syntax–semantic interface and develops a unified syntactic analysis for polarity sensitivity. Through the (micro)comparative approach, Alqassas explains the distributional contrasts with a minimal set of universal syntactic operations such as Merge, Move, and Agree, and a fine-grained inventory of negative formal features for polarity items and their licensors. The features are simple invisibles that paint a complex landscape of polarity. The results suggest that syntactic computation of Arabic polarity (externally merged in the left periphery) is subservient to the conceptual–intentional interface. Alqassas argues for last resort insertion of covert negation operators in the CP layer to interpret non-strict NCIs, which is an extra mechanism that serves the semantic interface but adds to the complexity of syntactic computation. Likewise, head NPIs in the left periphery require licensing by operators higher than the tense phrase, adding more constraints on the syntactic licensing.
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Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.13. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0118.
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This commentary analyses Article 6.1.13 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning imputation of non-monetary obligations. In most jurisdictions, there is no special provision regarding the imputation of non-monetary obligations. Either the statutory provisions are formulated to cover all fungible obligations, be they monetary or otherwise, or the courts accept an analogous application of the imputation rule for monetary obligations. In contrast, Art 6.1.13 clarifies that such imputation rules can be applied mutatis mutandis to all other fungible obligations. If, for example, the obligor has to deliver identical cargoes of cement under different contracts, appropriation is first made according to the specifications of the obligor. In the absence of such specifications, Art 6.1.12(2) stipulates that the right of imputation should pass to the obligee.
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Michael, Bridge. The International Sale of Goods. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792703.001.0001.
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The fourth edition of this text on all aspects of international trade law has been updated to incorporate and analyse the major recent developments, both in English law and contracts under the United Nations Convention on Contracts for the International Sale of Goods (CISG). As well as contract law, the book also covers property matters and addresses those issues which arise from the use of documents of title, such as marine bills of lading. There is extensive treatment of the rights and duties of both the buyer and the seller, and sale contracts are considered alongside other contracts such as charter parties and letter of credit contracts. The CISG material has been significantly developed in this fourth edition and there is more extensive treatment of such matters as remedies, passing of property, standard form contracts, and the international dealing of commodities. The major developments in the case law are examined, most notably further developments on interpretation and implied terms in the Supreme Court, bunkers litigation, and the implications for the compensatory principle following the Supreme Court decision in Bunge SA v Nidera NV (2015).
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Kibbe, Jennifer D. Covert Action. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.135.
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Covert action presents a potential policy for decision makers who want something quicker or more muscular than diplomacy but less expensive and obtrusive than military force. In contrast with intelligence, which entails collecting and analyzing information, covert action is an active instrument of foreign policy. The three main categories of covert action include propaganda, political action, and paramilitary action. Another separate category is economic action, which involves destabilizing the target state’s economy in some way. Because of the inherent secrecy of covert action, outside scholars have no way of knowing how much they do or do not know about the topic at hand and it also makes it hard to verify the information, since the information comes from a variety of sources. Covert action literature is particularly strong in case studies of particular operations. There is also a well-developed subsection within the field that focuses on covert action since the end of the Cold War, the role that the Office of Strategic Services (OSS) played during World War II, and covert actions undertaken by other states. However, there are several issues in the covert action literature. These issues include the assessment of the success or failure of particular operations and of the policy instrument as a whole, the tangible and intangible costs incurred by covert action, the ethical questions raised by conducting covert actions as well as the particular methods used and its impact on democracy, the oversight of covert action, and the evolution of US law covering covert action.
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Beatson FBA, Jack, Andrew Burrows FBA, QC (Hon), and John Cartwright. Anson's Law of Contract. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198829973.001.0001.
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Anson’s Law of Contract offers an accurate and authoritative account of the law and its underlying principles. This 31st edition continues to provide comprehensive and detailed coverage of all topics covered on modern contract law courses, and has been revised and updated to incorporate all notable developments in case law, legislation, and academic debate. Topics covered include, in the first part, the agreement, the formation of the contract, and promissory estoppel. The second part looks at the terms of the contract, exemption clauses, and unfair terms. Next the book looks at incapacity, mistake, misrepresentation and non-disclosure, duress, and illegality. The fourth part considers performance and discharge. The next part looks at damages and specific remedies. The sixth part of the book covers third parties, assignment and agency in terms of the limits of the contractual obligation.
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Ewan, McKendrick. Ch.7 Non-performance, s.4: Damages, Introduction to Section 7.4 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0149.
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Section 7.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) is concerned with remedy of damages. It covers the right to recover damages in the event of non-performance as well as the measure of damages, particularly the use of foreseeability as a limiting factor on the recoverability of damages. A notable feature of Section 7.4 is that the entitlement to recover damages is not linked to any notion of fault, nor to any system of notification of the defaulting party. Instead, the right arises on non-performance by the other party to the contract unless the non-performance is excused. The articles in Section 7.4 build upon, and in places develop, the rules to be found in the United Nations Convention on Contracts for the International Sale of Goods (CISG).
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Chen-Wishart, Mindy, Alexander Loke, and Stefan Vogenauer, eds. Formation and Third Party Beneficiaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.001.0001.
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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Myanmar, and Indonesia. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
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NoteBooks, Sappuris. Things Todo List, Tech Black Background with Contrast Yellow Stripes Cover. Independently Published, 2021.
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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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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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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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Surdam, David George. The NFL’s Big Television Score 1961. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039140.003.0012.
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This chapter focuses on the National Football League's (NFL) bid for an antitrust exemption regarding its national television contract. The National Basketball Association (NBA) and the American Football League (AFL) already had national television contracts in place before the NFL negotiated its contract with Columbia Broadcasting System (CBS). However, the NFL was the only league called before a congressional subcommittee on antitrust to defend its national television contract. Although the Congressional hearings of 1961 pertaining to “Telecasting of Professional Sports Contests” occurred at the behest of the NFL, the bills, H.R. 8757 and S. 2427, covered the four major professional team sports. This chapter first considers NFL teams' television revenues prior to 1961 before discussing NFL Commissioner Pete Rozelle's negotiations with CBS over a new television contract and the hearings on the issue of antitrust exemptions that led to the passage of H.R. 8757, signed by President John F. Kennedy on October 10, 1961.
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Chen-Wishart, Mindy, and Stefan Vogenauer, eds. Contents of Contracts and Unfair Terms. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850427.001.0001.
Full textAbstract:
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters; the first deals with the contents of contracts, while the second deals with unfair terms.
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Harriet, Schelhaas. Ch.7 Non-performance, s.2: Right to performance, Introduction to Section 7.2 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0135.
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Section 7.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the right to performance, one of the remedies available for the non-performance of a contract. It covers the right to require performance of monetary obligations, the right to require the performance of non-monetary obligations, cure for defective performance, penalties for non-compliance, and the right of the aggrieved party to change the remedies sought. Section 7.2 is not modelled on any particular domestic jurisdiction, or on an international treaty or set of rules. However, the discretionary power to attach penalties to a court order is modelled on French law.
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Moses, Jonathon W., and Bjørn Letnes. Commercial Frameworks. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198787174.003.0005.
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This chapter introduces some basic frameworks for securing the government take, that is, how to decide between different ownership, royalties, and tax systems. It begins with an overview of various contract types and fiscal regimes, before focusing on the particulars of the Norwegian framework. Subjects covered include the nature of different contracting arrangements (joint ventures, production sharing contracts (PSCs), service contracts, the principle of carrying, and so on), and the diverse fiscal instruments used to maximize the government’s share of the revenues (national oil company, taxes, royalties, fees, and so on). The latter part of the chapter describes how the Norwegian concessions framework has changed over time, from supporting nascent interests and attracting international oil companies to providing a more level and competitive playing field for all offshore actors.
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Peter, Huber. Ch.3 Validity, s.1: General provisions, Art.3.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0053.
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This commentary focuses on Article 3.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning initial impossibility. Art 3.1.3 excludes those domestic rules that invalidate a contract simply because there is initial impossibility or simply because (‘the mere fact that’) one party was not entitled to dispose of the assets concerned. As a result of Art 3.1.3, neither initial impossibility nor lack of power to dispose of the assets as such makes a contract invalid. However, this does not mean that initial impossibility or lack of power to dispose of the assets has no consequences. On the contrary, these cases are treated under the PICC's rules on non-performance or mistake. Art 3.1.3 applies irrespective of how the relevant domestic law classifies its rule that initial impossibility (or initial lack of power of disposition) leads to invalidity. It also does not cover other domestic rules on invalidity.
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Macdonald, Elizabeth, and Ruth Atkins. Koffman & Macdonald's Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198752844.001.0001.
Full textAbstract:
Koffman & Macdonald’s Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, the Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts, mistake, misrepresentation, duress and undue influence, illegality, unconscionability, privity, performance and breach, frustration, damages, and specific enforcement, as well as companion website chapters on capacity and an outline of the law of restitution. Many new cases and legislative developments are covered in the ninth edition, such as Armchair Answercall Ltd v People in Mind Ltd, Blue v Ashley, Cavendish Square Holding BV v Talal El Makdessi, ParkingEye Ltd v Beavis,Globalia Business Travel S.A.U. (formerly TravelPlan S.A.U.) of Spain v Fulton Shipping Inc of Panama, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd,MWB Business Exchange Centres Ltd v Rock Advertising Ltd, Patel v Mirza, Phones 4U Ltd (In Administration) v EE Ltd. This edition has been updated to include major legislative developments including the Consumer Rights Act 2015, which now encompasses, and makes some changes to, the unfair terms regime, which was previously provided by the Unfair Terms in Consumer Contracts Regulations 1999, as well as removing, and taking on board, the consumer elements of the Unfair Contract Terms Act 1977.
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Solène, Rowan. Ch.5 Content, third party rights and conditions, s.3: Conditions, Art.5.3.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0101.
Full textAbstract:
This commentary focuses on Article 5.3.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the types of condition covered by Section 5.3 of the PICC. Art 5.3.1 identifies the two types of condition that are recognized in the PICC: suspensive condition and resolutive condition. Whether a condition is suspensive or resolutive is a question of interpretation of the contractual intention of the parties. A contract or a contractual obligation may be made conditional upon the occurrence of a future uncertain event, so that the contract or contractual obligation only takes effect if the event occurs (suspensive condition) or comes to an end if the event occurs (resolutive condition). This commentary discusses the scope of Section 5.3, the distinction between ‘suspensive’ and ‘resolutive’ conditions, conditions whose fulfilment is entirely dependent on the will of the obligor, time limit stated by the condition, and illegal conditions.
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Stefan, Vogenauer, ed. Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC). Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.001.0001.
Full textAbstract:
This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the twenty-six additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition.
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Eisenberg, Melvin A. The Cover Principle. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0017.
Full textAbstract:
Chapter 17 concerns cover. The concept of cover embraces two separate but intimately related ideas: First, cover is an act—a buyer’s act of purchasing a commodity in the market to replace a contracted-for commodity that the seller failed to deliver. Second, cover is a remedy—a judgment for the difference between the contract price and the cost of cover. As a remedy cover has the look and feel of damages because the buyer ends up with a money judgment. As an act, however, cover constitutes virtual specific performance: by covering the buyer finds a replacement performance that, together with cover damages, is close to what he would have received if the seller had been ordered to specifically perform.
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Simon, Gleeson. Part II Commercial Banking, 11 Netting, Collateral, and Credit Risk Mitigation. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793410.003.0011.
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Credit risk mitigation is the umbrella term that covers the various different ways in which an exposure can be reduced for regulatory reporting purposes. This chapter discusses the three ways of doing this: netting against an existing exposure owed by the bank to the borrower; taking (certain types of) collateral; and obtaining cover from third parties in the form of guarantees or similar contracts. Banks use a several techniques to improve their position as lenders which are simply disregarded by the regulatory system, of which the most important are probably loan covenants. No matter how restrictive the undertakings which a borrower gives a bank as to the way in which it manages its business, or the way in which it will repay its loan, this protection will not be recognized for regulatory purposes.
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Che Arshad, Noraziah, and Abdul Ghafar Ismail. Paramaterizing the shariah rulings for partnership financial transactions. UUM Press, 2012. http://dx.doi.org/10.32890/9789670474236.
Full textAbstract:
Partnership-based was widely practised in the pre-Islamic period.The practice was so commonly prevalent among the muslim and non-muslim.This book is hoped to be of assistance to those who wish to discover the shariah contracts for partnership and the methods of structuring the current Islamic financial products and instruments through adopting either an existing Islamic contract or by combining two or more thereof.As for students and lecturers, this book is sought to be a reference for Islamic banking and finance related courses.It can also be a reference to the general members of the public who are interested to learn about the basic principles in the paramaterizing the shariah rulings for Islamic partnership contracts and to obtain issues about the Islamic banking and financial products.All readers may realize, that the first two chapters have briefly discussed the introduction to fiqh and shariah and the rule-making process of the areas in Islamic law.The main purpose of the book is to provide a more comprehensive understanding of the principles and basis of adopting the shariah contracts for Islamic financial products, as well as enabling the harmonization of the Islamic financial practices into shariah parameters of each contract.Nevertheless, the basic and important discussion on fiqh, shariah and the procedure of law-making process is believed tobe sufficiently covered in this book.
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Lloyd, Ian J. 24. Contractual liability for defective software. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787556.003.0024.
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This chapter begins with a discussion of the nature of software defects. It then covers the legal status of software and software contracts; implied terms in software contracts; remedies for breach of the implied terms; the approach adopted by the courts in the limited number of cases which have reached the High Court or Court of Appeal; exclusion or limitation of liability; and the enforceability of shrink-wrap licences.
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Marcus, Smith, and Leslie Nico. The Law of Assignment. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.001.0001.
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This book is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action, and equitable rights), considering the nature of intangible property, how it comes into being, and how it is transferred or assigned. The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases, and intellectual property under the law. This new edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.
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Eisenberg, Melvin A. Formulas for Measuring Expectation Damages for Breach of a Contract for the Sale of Goods. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0014.
Full textAbstract:
Chapter 14 concerns formulas for measuring expectation damages for breach of a contract for the sale of goods. If the buyer breaches one of three formulas may be used to measure the seller’s damages. If the seller resells the goods she should normally be entitled to the difference between the resale price and the contract price. If the seller does not resell the goods she should normally be entitled to recover the difference between the market price of the goods and the contract price. A third formula is based on the seller’s lost profit, measured by the difference between the seller’s variable costs of performance and the contract price. If the seller breaches one of three formulas may also be applied. If the goods are defective the buyer can recover damages for the defect. If the seller fails to deliver the goods the buyer can either cover and sue for cover damages or not cover and sue for market-prices damages. A buyer cannot sue for lost profits as direct or general damages, but can sue for lost profits if it was reasonably foreseeable when the contract was made that if the seller failed to deliver the goods the buyer would incur the lost profits.