Academic literature on the topic 'Pre-contractual stage'
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Journal articles on the topic "Pre-contractual stage"
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CRETU, Georgeta, and Camelia SPASICI. "THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT." Jurnalul de Studii Juridice 15, no. 3-4 (December 20, 2020): 30–42. http://dx.doi.org/10.18662/jls/15.3-4/73.
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This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.
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Demkina, Alesya V. "FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 148–61. http://dx.doi.org/10.17223/22253513/40/13.
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The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.
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VASIN, Leonid A., and Vitalii A. STARUKHIN. "Managing transaction costs in company's contractual work." Finance and Credit 28, no. 8 (August 30, 2022): 1709–32. http://dx.doi.org/10.24891/fc.28.8.1709.
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Subject. The article considers the management of company's transaction costs arising during contracting activities. Objectives. On the basis of standardization and digitalization of business processes, we aim at developing a model to manage the costs of contractual work by identifying and measuring them at the pre-contractual, contractual, and post-contractual stage of relations with parties to the transaction. Methods. The study draws on methods of logical analysis and synthesis. Results. The paper offers a model for managing the costs of contractual work. It rests on the elements of management impact on transaction costs at the stage of transaction planning, coordinating its parameters, and execution. To build the model, we systematized the main types of contracts, depending on commercial relations of the parties, structured our own approaches to the classification of transaction costs, identified factors that determine their dynamic nature. Conclusions. If used at all stages of company's contractual work through standardization and digitalization tools, the model for transaction cost management enables to reduce the weight of such costs in company's expenses. This correlates with the goals of corporate governance, acting as a basis for the effectiveness of the entire business system.
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Boyarinova, V. I. "The Obligation to Conduct Negotiations in Good Faith on the Conclusion of a Contract as an Element of the Content of a Pre-Contractual Legal Relationship." Juridical science and practice 17, no. 2 (October 18, 2021): 35–44. http://dx.doi.org/10.25205/2542-0410-2021-17-2-35-44.
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The article discusses the issue of the content of the pre-contractual legal relationship and the role of good faith in it. As a result of the analysis, it is concluded that the content of the pre-contractual legal relationship includes only one pre-contractual obligation – to negotiate in good faith. It should be considered as a duty that includes separate elements – manifestations of the general obligation of the parties to behave in good faith, arising at the pre-contractual stage, or, in other words, requirements for good behavior. These elements include the obligation to inform; the obligation not to interrupt negotiations without giving reasons if the other party relied on the person's intention to conclude a contract; the obligation to keep the information received in confidentiality if the party knows that the information is secret and cannot be used by third parties. An attempt has been made to prove that the meaning of good faith is not in addition to the pre-contractual obligation, but in its specification.
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Муратова, Ольга, and Olga Muratova. "PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 69–76. http://dx.doi.org/10.12737/article_593fc343b94613.23365582.
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The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).
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Kipli, Kumalasari, Fara Diva Mustapa, Shariffah Zatil Hidayah Syed Jamaluddin, and Favilla Zaini. "KNOWLEDGE MANAGEMENT PROCESS IMPLEMENTATION IN PRIVATE FINANCE INITIATIVE PROJECT IN MALAYSIA." Journal of Information System and Technology Management 6, no. 24 (December 1, 2021): 109–17. http://dx.doi.org/10.35631/jistm.624011.
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PFI involved a project with long-term relationships at various stages from pre-contract stage to contractual stage and in use stage which also include maintenance stage. KM process is one of the elements to ensure the success of the KM system. In the PFI project, the KM process also needs to be checked whether it is applied in the various stage of the pre-contract stages. Questionnaires had been distributed to the parties involved at the pre-contract stage. The results are then analyse using the Relative Important Index (RII) to identify the ranking of KM usage in various stages of the pre-contract stage. According to the analysis, some of the stages in the pre-contract process of the PFI are not fully implemented in the KM process. For knowledge acquisition and storage practise, the high usage of the process is at the conduct of value management, submission to cabinet and access, evaluation, and approval. The next KM process which is capturing and storing, the process evaluation, negotiation and recommend are the activities at the higher level practising these KM processes. At next KM process which is re-using and sharing are Access and approval by the ministry, evaluation, negotiate and recommend practise more on this KM process.
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Ṭḯrlea, Mariana Rodica, and Agatador Mihaela Popescu. "Current Aspects Regarding the Crediting of Micro-Enterprises." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 121–27. http://dx.doi.org/10.2478/kbo-2020-0063.
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AbstractThe IMM INVEST type of reimbursable financing is a top-up loan formula, materialized in the granting of bank loans granted to micro-enterprises under the national legislation applicable to investments and working capital. In order to benefit from this financing, the wishing companies must go through two stages: a pre-contractual stage in which the registration on the electronic platform created for this purpose takes place, in which the companies must prove that they fall into the category of micro-enterprises and the contractual stage. In order to meet the eligibility conditions in the contractual phase, micro-enterprises will be subject to the verification of administrative compliance and the techniques and methods for verifying financial soundness. Beneficiaries of such loans will benefit under the state aid scheme from various forms of government support materialized in supporting the costs of financing 100% from the state budget, until the end of 2020 with the possibility of extension, which will help them to re-launch itself from a financial and economic perspective.
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Kullolli, Dr Brunela. "Confidentiality - A Two-Appeal Principle." European Journal of Social Sciences 1, no. 3 (November 29, 2018): 53. http://dx.doi.org/10.26417/ejss.v1i3.p53-60.
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This article analysis relates to the creation of conditions for the conclusion of the contract.This is the moment when the negotiating parties determine whether there will be a contract or not. This is the stage that in the best case is finalized with the contract signing.Known as the pre-contractual stage, it is considered as the foundation of the contractual relationship.Conduct in good faith at the stage of entering into a contract would also avoid causing potential damages and liability".- The first part gives , of Completion of the contract in good faith, is a legal requirement under the Civil Laë tradition, but unlike the requirement for pre-contractual trust, finds place in the Common Law tradition.In this part of the study, the detailed treatment of the manner of performance of the contract will be set aside, focusing mainly on the obligations that dictate its fulfillment in good faith and the liability incurred in the event of its absence . The second part is concentrated, Contract Interpretation. The third part will be treated as a brief and comparative overview of the common law of Civil Law in the interpretation of the contract, taking into account the main interpretative criteria, to underline the main differences between them. Among all the criteria, the focus will be on trust, which is sanctioned as a special criterion of interpretation by the Civil Law countries. The fourth part analysis the validity of the contract.In this last part of the chapter, I will try to clarify the confusion created between the rules of contract validity and the rules of conduct, as well as the role and impact of the breach of the trust principle in the validity of the contract. Conclusions .Regarding the situations that arise for the damage that comes to the parties from non-fulfillment of obligations and breach of the principle of good faith during the contract's formation, it is necessary to clarify how the type of damage that came during the pre-contractual phase and which interest has failed to realize one of the parties. In fact, this is a genuine duty of the court which, as the case may be, must specify exactly: the responsibility of the parties, the interest that has been violated, the type of damage that has been caused.Keywords: contract law ,internal law ,contractual relation,internal contract interpretation, civil law
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Hernoko, Agus Yudha. "ASAS PROPORSIONALITAS SEBAGAI LANDASAN PERTUKARAN HAK DAN KEWAJIBAN PARA PIHAK DALAM KONTRAK KOMERSIAL / The Principle Of Proportionality As The Basis Exchange Rights And Obligations Of The Parties In The Commercial Contract." Jurnal Hukum dan Peradilan 5, no. 3 (November 29, 2016): 447. http://dx.doi.org/10.25216/jhp.5.3.2016.447-466.
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Dalam kontrak komersial, perdebatan “semu” mengenai “keadilan dan keseimbangan” yang berujung pada “ketidakadilan dan ketidakseimbangan” posisi para kontraktan pada dasarnya tidak relevan lagi untuk diungkapkan. Hal ini didasari pertimbangan bahwa dalam kontrak komersial posisi para pihak diasumsikan setara, baik pada tahap proses negosiasi (pre-contractual phase), pembentukan kontrak (contractual phase) maupun pelaksanaan kontrak (post contractual phase). Sementara itu, hasil pertukaran kepentingan para kontraktan dianggap adil apabila berlangsung secara proporsional. Proporsionalitas pertukaran hak dan kewajiban dalam kontrak komersial tidak menuntut hasil yang selalu seimbang-sama (equilibrium-matematis), oleh karenanya perbedaan hasil dianggap adil dan diterima secara wajar apabila proses pertukaran hak dan kewajiban berlangsung proporsional. Penerapan asas proporsionalitas dalam seluruh mata rantai proses kontraktual pada dasarnya merupakan perwujudan doktrin “keadilan berkontrak” yang dianut dan dikembangkan dewasa ini. In commercial contracts, the debates about 'fairness and balance' that led to the 'injustice and imbalance' position of the parties basically irrelevant to be disclosed. It is based on the consideration that the positions of the parties in commercial contracts is similar on the stage of the negotiation process (pre-contractual phase), the formation of the contract (contractual phase) and the execution of the contract (post-contractual phase). Meanwhile, the results of the exchange of the interests of the parties considered fair if it lasts proportionally. The proportionality of exchange of rights and obligations undercommercial contracts do not demand results that are always balanced and same (equilibrium-mathematically), therefore the differences in the results are considered fair and reasonably acceptable if the exchange process of the rights and obligations stay proportional. Application of the principle of proportionality in the whole chain of contractual process is basically a manifestation of the doctrine of "fairness of contract" adopted and developed today.
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Davtyan, Tsolak Agasovich. "The ratio of will and expression of will in the issue of determining pre-contractual liability." Юридические исследования, no. 9 (September 2022): 62–79. http://dx.doi.org/10.25136/2409-7136.2022.9.37973.
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The subject of the study is aspects of the institute culpa in contrahendo, embodied in the novels of the Gc 2015. The main purpose is to demonstrate the significance of the correlation of the will and the will of the parties (the object of the study) in determining pre-contractual liability (PO) in cases where the contract remains valid; an appropriate legal technique is given to explain the restoration of the legal situation in accordance with the concept of the desired agreement, understood as a coincidence of wills (common will). In this regard, it turns out that the norms of the domestic Civil Code, defining the responsibility of the party for culpa in contrahendo while maintaining the validity of the contract, are insufficiently elaborated. In this situation, the theoretical construction of the software turns out to be so similar to the liability caused by a legal relationship from a specific contract that it is possible to determine both the independent position of this institution and within the framework of contractual liability, but not tort. One of the conclusions to which this study comes is the assertion that the nature of the agreement is bound by the will of the parties until the framework of the contract-transaction, at the request of one of the parties (termination of the contract, invalidation of the transaction) is not disclosed in order to legally fix the agreement itself as a single legal relationship linking the pre-contractual and contractual stages of commitment. The article also provides specific proposals for unifying the scope of liability in the form of losses caused by unfair actions at the negotiation stage, in particular, in the case when the concluded contract is not disputed by the injured party (that is, when the norms of Articles 178 and 179 do not apply).
Dissertations / Theses on the topic "Pre-contractual stage"
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Benedetto, Alessandra. "Pre-contractual agreements in international commercial contracts: legal dynamics and commercial expediency." Doctoral thesis, Universita degli studi di Salerno, 2012. http://hdl.handle.net/10556/1302.
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2010 - 2011La materia dei contratti internazionali è andata acquisendo sempre maggiore importanza e diffusione negli ultimi anni. Questo fatto costituisce, in qualche modo, la conseguenza dei profondi cambiamenti che hanno interessato il mondo delle relazioni commerciali. Oggigiorno, grazie alla creazione di un mercato unico europeo e, soprattutto, quale conseguenza diretta della globalizzazione, la gran parte dei businessmen tendono a spingere i propri affari ben oltre i confini nazionali, quando non accantonano addirittura la dimensione “geografica” e si avvalgono dei più moderni strumenti della comunicazione forniti dalla tecnologia (e-commerce). La categoria dei contratti internazionali dà vita, invero, a non pochi problemi: anzitutto, non è dato rinvenirne una specifica definizione e non è sempre facile stabilire quale regime normativo (nazionale) sia applicabile nel singolo caso, a prescindere dalle apposite regole già esistenti. Un altro aspetto molto rilevante è costituito dalla notevole complessità (spesso dovuta al valore economico dell’operazione commerciale) della fase delle negoziazioni durante la quale le parti, solitamente, si comunicano l’un l’altra la propria volontà e la misura entro la quale sono disposti a farsi reciproche concessioni, fissano i singoli steps attraverso cui addivenire al raggiungimento di un accordo, valutano la concreta fattibilità dell’affare. In un tale contesto complesso esse, spesso, fissano in appositi documenti i profili del futuro regolamento contrattuale su cui hanno già raggiunto un accordo e, nel far questo, non di rado escludono i lawyers dalla redazione degli stessi. Il risultato pratico è che, piuttosto frequentemente, le formulazioni di questi documenti danno vita a notevoli problemi interpretativi. La risoluzione di una controversia emersa dalla lettera di un contratto internazionale rende necessario che il giudice o, più spesso, l’arbitro tenga in debito conto gli sviluppi della legislazione in molti degli ordinamenti nazionali, degli strumenti normativi transnazionali e di ogni altra pratica emersa in tema di accordi commerciali. Giudici e arbitri, infatti, nel formulare le proprie decisioni non possono prescindere da tali sviluppi avutisi nella pratica del commercio, andando oltre i confini tracciati dalla normativa nazionale prescelta. Questa tesi si propone di analizzare gli effetti connessi al contenuto dei documenti pre-contrattuali, secondo quella che è la disciplina degli ordinamenti di Common Law e di Civil Law, nonché negli strumenti a vocazione transnazionale come, ad esempio, i Principi UNIDROIT, i Principles of European Contract Law, Draft Common Frame of Reference, U.N. Convention on the International Sales of Good (CISG) e, emenata recentemente, la proposta di regolamento Common European Sales Law. Più specificamente, due sono i profili presi in considerazione: anzitutto, ci si domanda fino a che punto una dichiarazione pre-contrattuale possa considerarsi vincolante in sé e per sé. In secondo luogo, si tratta di appurare fino a che punto una dichiarazione pre-contrattuale possa produrre effetti giuridici venendo incorporata nel futuro contratto o, comunque, inducendo alla stipula del contratto stesso. Il metodo d’indagine adottato consiste, anzitutto, nell’analisi delle regole sulla formazione dei contratti previste dagli ordinamenti più rappresentativi afferenti al Common Law ed al Civili Law, nonché dai documenti transazionali su menzionati. Segue, poi, uno studio sull’interpretazione e la qualificazione delle lettere di intenti e degli altri pre-contractual statements risultati di maggiore impiego nella prassi del commercio internazionale e, prima ancora, alla luce delle disposizioni normative riconducibili agli ordinamenti nazionali. La tesi si propone, in definitiva, di conseguire i seguenti obiettivi: 1) verificare quali siano gli eventuali riflessi sugli attuali trends relativi alla disciplina nazionale e transnazionale; 2) individuare quali fattori di policy incidono sulla evoluzione giuridica; 3) appurare se si venga a creare, o meno, una qualche interferenza tra diritto nazionale e transnazionale; 4) stabilire quale sia la relazione esistente tra Hard Law e Soft Law. [a cura dell'autore]
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Kisamfu, Rehema Aman. "Investigating Contractual Challenges of Performing Cost Control in Building Construction Projects." Thesis, KTH, Fastigheter och byggande, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-297855.
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Quantity Surveyors are considered as the most qualified cost specialists in the construction industry, with their experiences and skills in cost management and control as well as contract management. However, this role is not well recognized in Sweden compared to other countries such as the UK where it’s originated from. And so, the construction industry in Sweden uses other professions for the roles that were supposed to be done by quantity surveyors or cost managers. As a result, the quantity surveyors that have penetrated the Swedish construction industry, face challenges to perform their duties specifically in this case, cost control due to several circumstances. This study has looked into different contractual challenges that face quantity surveyors while performing cost control in building projects. Also, recommendations have been made to help mitigate these challenges and improve cost control in projects. In this master thesis, qualitative study has been performed where quantity surveyors were interviewed regarding cost control and the contractual challenges, they face in building construction projects. The findings were analysed with a theoretical framework and discussed together with previous research and knowledge and in this study principal – agent theory was used. The results of the study showed that poor planning, late involvement of the quantity surveyors in projects, lack of effective communication and poor contract management are the main challenges that face quantity surveyor in performing cost control in building projects. To overcome these challenges, the author suggests that there is a need of increasing awareness on the importance of having quantity surveyors and clearly establish their roles in projects, have proper communication plan, proper contract management and improve skills on quantity surveying software.Kvantitetbesiktningsman anses vara de mest kvalificerade kostnadsspecialisterna inom byggbranschen, med sina erfarenheter och färdigheter inom kostnadsstyrning och kontroll samt kontrakthantering. Denna roll är dock inte välkänd i Sverige jämfört med andra länder som Storbritannien där den härstammar från. Och så använder byggbranschen i Sverige andra yrken för de roller som skulle göras av kvantitetsmätare eller kostnadsansvariga. Som ett resultat står de kvantitetsmätare som har trängt igenom den svenska byggbranschen inför utmaningar att utföra sina uppgifter specifikt i detta fall, kostnadskontroll på grund av flera omständigheter. Denna studie har undersökt olika avtalsmässiga utmaningar som möter kvantitetsmätare när de utför kostnadskontroll i byggprojekt. Dessutom har rekommendationer gjorts för att mildra dessa utmaningar och förbättra kostnadskontrollen i projekt. I detta examensarbete har en kvalitativ studie utförts där kvantitetbesiktningsman intervjuades angående kostnadskontroll och de kontraktsmässiga utmaningar som de står inför i byggprojekt. Resultaten analyserades med en teoretisk ram och diskuterades tillsammans med tidigare forskning och kunskap och i denna studie användes princip - agentteori. Resultaten av studien visade att dålig planering, sen involvering av kvantitetsmätarna i projekt, brist på effektiv kommunikation och dålig kontrakthantering är de viktigaste utmaningarna för kvantitetsmätaren när det gäller att utföra kostnadskontroll i byggprojekt. För att övervinna dessa utmaningar föreslår författaren att det finns ett behov av att öka medvetenheten om vikten av att ha kvantitetsmätare och tydligt fastställa sina roller i projekt, ha korrekt kommunikationsplan, korrekt kontrakthantering och förbättra färdigheterna i kvantitetsmätningsprogramvara.
Books on the topic "Pre-contractual stage"
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Sime, Stuart. 29. Multi-Track. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.3375.
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The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
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Sime, Stuart. 29. Multi-track. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.3375.
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The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
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Sime, Stuart. 29. Multi-track. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.3375.
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The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
Book chapters on the topic "Pre-contractual stage"
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Zhang, Jiayong. "Legal Regulation at Pre-contractual Stage." In Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law, 93–192. Singapore: Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-19-9107-3_3.
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Krishnaprasad, KV. "Fraud, Misrepresentation, and Mistake in Indian Contract Law." In Invalidity, 105–26. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192859341.003.0006.
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Abstract This chapter examines fraud, misrepresentation and mistake as contractual vitiating factors in Indian law. It advances three main arguments. First, the provisions of the Indian Contract Act 1872 that govern fraud and misrepresentation suffer from a drafting flaw. Once the drafting error is recognized, it is clear that the Act regulates the contractual consequences of fraud and misrepresentation in two stages: a consent-based first stage and a more pluralistic second stage. Second, the second paragraph of section 19 of the Act allows a mis-representee to claim that he be ‘put in the position in which he would have been if the representations made had been true’. This provision treats all pre-contractual representations as though they were enforceable promises. This is indefensible. Third, nineteenth century English Courts were faced with the task of reconciling Pothier’s ‘will theory’ with the English doctrine of objectivity. This conflict is also reflected in the Act. Understanding this tension has the potential to yield significant insights into the way in which the Act regulates mistakes.
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Samet, Irit. "Proprietary Estoppel." In Equity, 77–112. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198766773.003.0002.
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This chapter examines the importance of proprietary estoppel (PE) in terms of Equity’s mission of aligning moral responsibility with legal liability, focusing on PE claims that are based on a ‘common expectation’ that arises in the context of pre-contractual negotiations. It first considers what Thomas Scanlon calls Principle L (for Loss prevention) and how its tort-like exposition misses—or glosses over—the voluntary modus of the loss prevention obligation (LPO). It then explains how the legal enforcement of LPOs can be justified from the perspectives of justice and efficiency, and how the conscionability element enables the courts to balance the Rule of Law (ROL) and Accountability Correspondence in the regulation of the pre-contractual stage. It concludes with the argument that Equity, via the doctrine of PE, is redressing a significant failure in the Common Law to tackle behaviour that disregards both morality and efficiency.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. "9. Misrepresentation." In Contract Law Concentrate, 200–222. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840442.003.0009.
Full textAbstract:
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 the identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations, and briefly explains the distinction between commercial contracts and the remedies available to consumers under the CPRs 2008.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. "9. Misrepresentation." In Contract Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803850.003.0009.
Full textAbstract:
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 the identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations and briefly explains the distinction between commercial contracts and the remedies available to consumers under the CPRs 2008.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. "9. Misrepresentation." In Contract Law Concentrate, 192–213. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897336.003.0009.
Full textAbstract:
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 the identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations, and briefly explains the distinction between commercial contracts and the remedies available to consumers under the Consumer Protection from Unfair Trading Regulations 2008.
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Sime, Stuart. "29. Multi-Track." In A Practical Approach to Civil Procedure, 317–25. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838593.003.0029.
Full textAbstract:
The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
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Sime, Stuart. "29. Multi-Track." In A Practical Approach to Civil Procedure, 313–21. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858386.003.0029.
Full textAbstract:
The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
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Sime, Stuart. "29. Multi-Track." In A Practical Approach to Civil Procedure, 315–23. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192859365.003.0029.
Full textAbstract:
The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
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Sime, Stuart. "29. Multi-Track." In A Practical Approach to Civil Procedure, 315–23. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844521.003.0029.
Full textAbstract:
The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
Conference papers on the topic "Pre-contractual stage"
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Srivastava, Yogesh Chandra, Consuelo Granata, Priyanshu Upadhyay, Corrado Algozino, and Abhishek Srivastava. "End-To-End Digital AWP Based Project Delivery, LNG Case Study." In ADIPEC. SPE, 2022. http://dx.doi.org/10.2118/210914-ms.
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Abstract Objectives/Scope An expansion multi-billion dollar LNG plant EPC project has successfully adopted end to end digital project delivery overcoming numerous challenges. The complete Engineering, Procurement and Construction works, is scheduled to be commissioned by 2025. An extension of the existing liquefaction complex comprising of six complete trains and associated facilities, meant to increase the national LNG production by 35%. The complexity of multiple inter-continental entities, systems and cultural divisions between Engineering, Procurement (in Europe) and Construction driven from Far-east had been significant and further compounded by Covid. To align all parties early using the Advanced Work Packaging (AWP) method and digitally mapping the systems and enormous data generated from each department (working in silos), were the main challenges in taking the job further from FEED in to Detail Engineering and Site Execution. The entities involved had adopted the AWP method first time for project delivery. Methods, Procedures, Process Based on the Advanced Work Packaging (AWP) and Workface Planning (WFP) philosophy, the whole project have been managed through a highly effective building sequence based digital detailed work packages for Engineering, Preconstruction planning and Onsite installation (EWPs, CWPs and IWPs respectively). The digital collaboration between departments and teams located in multiple countries, made all that possible and has been the key to success. The JV engaged subject matter experts in AWP, and also implemented an end to end digital project delivery platform. The platform was implemented as a non-disruptive overlay to over 15 different pre-existing software and tools. Their interaction into a single digital platform has been extremely important to connect and manage the various stage of the process. All the information from Engineering, Procurement and Construction flow in one unique database and interact each other. That allows all stakeholders, including the Owner, to manage and have the full visibility of all EPC phases. A huge amount of data and information centralized, digitalized and made available to all stakeholders. The flexibility in the customization of the various modules and dashboards of the system, has been imperative due to the different setups and approach to Construction from JV's companies and that's the biggest vantage to manage properly all phases of the project. Results, Observations, Conclusions According to various analysis performed on the project schedule, the Engineering phase got a 10% reduction of manhours investment against a contemporary AWP implementation, because of taking a digital approach. The project has started to experience a schedule compression consequently in Construction activities, that have started earlier than planned. By utilizing the automatic breakdown of CWPs into IWPs, considering the crew size and their rates, has led to a significant reduction in manhours spent for the WFP activities at site and in terms of number of personnel required. The early preparation has started to reduce the uncertainties faced in the field. Construction progress details are made visible through the system and utilising some of the 3D functions, and also get a graphical representation on a colour coded 4D report. The selective account permissions, makes relevant data available to any stakeholder in an easy to use and simple manner, depending on the department and company. One can view and work only on the required portion of the total scope, reducing the time of chasing information when dealing with huge amount of data. Furthermore, it provided a great advantage to allow setting up the contractual requirements based on the visibility of information to the project leadership of each company involved. Novel/Additive Information Conventionally, AWP implementation is resource intensive and time consuming for any new entity. Directly implementing this in mega project with companies in a JV situation is even more challenging. Taking a digital first approach and adopting a strong framework enabled by cloud based technology has been a great advantage for all departments and stakeholders involved. The project has avoided lost time in chasing information and people, decreased the risk of common mistakes in data retrieval and have increased their productivity. The advanced planning and the interaction with the project schedule, the deliverables and the materials availability in real time has been done smoothly. Furthermore, the Machine learning based material visibility, management of various warehouses have helped implement a smooth material pull for the project. The GIS based scope management along with the various 3D functions, are being used along with machine learning to drive continuous improvement for the success of the LNG project.
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Dinmohammadi, Fateme, Mahmood Shafiee, and Enrico Zio. "An Imperfect Usage-Based Preventive Maintenance Planning Model for Railway Track Superstructures." In ASME 2021 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2021. http://dx.doi.org/10.1115/imece2021-72955.
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Abstract Railway transport is considered one of the most reliable, comfortable and safest modes of travel for both freight and passengers. Rail infrastructure assets (such as tracks, bridges, earthworks, tunnels and drainage systems) must be inspected and maintained on a regular basis in order to ensure that transport services are delivered in compliance with contractual and legal obligations. The maintenance of railway track structures is preventive in nature and includes the repair or replacement of certain components at pre-determined time intervals (in terms of years of operation) and/or usage rates (in terms of gross tonnage). Maintenance actions such as grinding and stone-blowing either restore the track profile to its original condition, i.e., “as good as new (AGAN)”, leave the track in almost the same condition as it was in prior to the inspection, i.e., “as bad as old (ABAO)”, or restore the track condition to a state somewhere between AGAN and ABAO, i.e., the so-called imperfect maintenance. The effect of an imperfect maintenance is often characterized by two classes of models, namely, failure-intensity reduction and age-reduction. However, the impact of imperfect repair on assets’ usage has not yet been addressed in the literature. In this paper, a usage-based imperfect preventive maintenance (PM) planning model is proposed for railway track superstructures, where the effect of an imperfect maintenance is described by a reduced amount of total accumulated million gross tons (MGT) passed over the rail line. A constrained nonlinear programming model is formulated to optimize the maintenance interval (i.e., usage rate between consecutive PMs) and the degree (quality) of repair actions. The total mean maintenance cost for a Weibull failure distribution model is derived and, then, the conditions required to make PM actions beneficial are discussed. A numerical case example is provided to show the effectiveness of the proposed PM planning method over the track renewal and replacement policy.
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Roberts, Treacy Anne, and Natasha Theresa Gaskin-Peters. "Early Interventions for Guyanese Business Development and Optimization." In Offshore Technology Conference. OTC, 2021. http://dx.doi.org/10.4043/31016-ms.
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Early Intervention and Local Content Optimization Esso Exploration and Production Guyana Limited ("ExxonMobil"), an affiliate of Exxon Mobil Corporation, and its co-venturers Hess Guyana Exploration Limited and CNOOC Petroleum Guyana Limited, discovered oil in the Stabroek block offshore Guyana during the first half of 2015. The success of safely drilling their first well (Liza-1), followed a history of 40 dry holes in the Guiana Basin prior to ExxonMobil beginning ultra-deepwater oil and gas exploration in 2008 (Varga et al. 2021). Guyana, with a small population of 750,000, was primarily economically focused on agriculture, manufacturing, and the mining of bauxite and gold. ExxonMobil identified the need for an early, focused, coordinated, and long-lasting approach to local content planning to provide tangible results for Guyana. Developing local businesses to actively participate in the industry and enter the supply chain while raising awareness of how the oil and gas industry operates was paramount, as was managing expectations of the Guyanese government and populace about local content. ExxonMobil recognized that the established mining sector in Guyana had the potential to provide a base of local suppliers able to transition into the emerging oil and gas sector. It subsequently undertook a number of assessments and studies on the local economy to further understand the local context. The finding of these assessments highlighted that most Guyanese companies were operating in the small local economy or working within the Caribbean region, limiting their exposure to international standards and providing little impetus to become globally competitive. Despite having technical competencies that could be utilized in the oil and gas industry, shortfalls were apparent in the areas of auditable systems, business processes, quality assurance, and safety. Closing the gaps would take time and investment, and a shift in culture in some parts. An internal assessment of ExxonMobil's supplier development programs was conducted, and a Guyana supplier development program was developed by drawing from best practices around the globe. ExxonMobil, with the support of its Stabroek Block co-venturers, took a proactive decision and devised a plan to engage an independent third party to run a "fit for purpose" enterprise development centre (EDC) to support the technical development in country through local content prior to final investment decision (FID). In order to be equipped to provide early roll out of local content development, and 6 months before FID for Liza 1, ExxonMobil released a Request for Proposal (RFP). Bidders were invited to submit proposals on how the EDC would function "fit for purpose" and compliment rather than compete with current Guyanese activities and vendors. The successful bidder, DAI Global LLC (DAI), had a proven track record of international socioeconomic project successes and was selected to form a unique and collaborative, strategic relationship with ExxonMobil. Although DAI had previous experience in nascent markets, the challenge in Guyana was to expand the Guyanese supplier base into a new sector. The global experience of both ExxonMobil and DAI worked in tandem to produce a flexible management structure with the capability to adapt to the ensuing exploration successes and expanding industry needs. Both short and long term programs would be utilized to engage businesses for the changing needs of businesses during varying developmental stages. Additionally, ExxonMobil's foresight to incorporate local content requirements and contractual use of the centre into prime contractor contracts provided support for the long-term viability of the EDC. The EDC established in Guyana was named The Centre for Local Business Development (Centre). The Centre design provides a supportive environment where seeking and acquiring information about the oil and gas sector is a comfortable experience. Inclusive of classrooms, meeting spaces, offices, and networking areas, the Centre sponsors engaging programs and provides mentorship for companies entering the industy. Drawing upon studies and data to drive the content and focus of its programs, the Centre addresses relevant needs in the business community. For example, a DAI baseline study on the international competitiveness of local businesses showed that two-thirds of Guyanese businesses were not internationally competitive and needed support with basic business systems (e.g. financial management, supply chain management and human resources). Other stakeholder focus group studies conducted by ExxonMobil determined that there was a lack of foundational knowledge about the oil and gas sector. Having access to this research pre-FID allowed for a head start on planning and enabled the implementation of a work program just 3 months after the Centre's opening.