Letteratura scientifica selezionata sul tema "Contractor sales book"

At 10:00 AM on September 24, 1943, James F. Lincoln, the sixty-year-old president and owner of the Lincoln Electric Company of Cleveland, Ohio, entered a meeting with U.S. Navy officials who wanted to discuss his company's recent earnings. A former Ohio State University football team captain and active supporter of the Republican Party, the outspoken Lincoln had already made it clear that he objected to the whole proceeding. One of the nation's leading suppliers of welding equipment, Lincoln's company had seen its sales boom since the beginning of World War II, as shipbuilders, aircraft producers, and other prime contractors demanded more welding machines and electrodes. Now, after a year of correspondence and preparations, the U.S. Navy had asked Lincoln to come to Washington to discuss how much of the company's 1942 profits were fair, and how much should be returned to the United States.

This paper empirically examines the determinants of housing sales prices in Korea, the United States, and Japan using the Markov regime switching model. Independent variables are set as stock price index and CD interest rate, the uncertainty index of moneytary policy, Which is an uncertainty indicator of economics policy. The analysis period is from June 1993 to December 2021 in consideration of data acquisition. The results of Markov regime switching model are as follows. First, it is significantly found that state 2(contraction period) is longer than state 1(expansion period) in the housing market in Korea, the United States, and Japan. Second, in state 1(boom period) in Korea, the United States, Japan, it was revealed that interest rates influence on housing price with a positive effect. This means that interest rates cannot be an effective policy tool to stabilize the housing market during the expansion period when housing prices rise. Third, the unemployment rate is found to have a negative effect on housing prices in Korea and the United States, but Japan is found to have no significance. We find that the effects of macroeconmic factors on the housing price volatility are different depending on the volatility regimes and act asymmetrically depending on the business state of the each country. Therefore, there is a need to implement a policy to stabilize the housing market appropriate for the each country and the business cycle.

The topic of "option of inspection" is one of the topics that old and contemporary jurists talked about and conveyed different opinions on this issue. It means that the purchaser has the right to sign the contract or rescind it upon seeing the thing contracted for if he did not see it at the creation of the contract or before it. Selling has become common among merchants without the buyer seeing the sold item in general, due to the development of types of sale and their holding between the followers of different countries and through modern means of communication, in which the buyer does not see the sale in most of its forms, except after moving from one store to another, and due to not seeing it, he can be able to do so. The type of sales is some deception, so the purchaser of absent objects needs to prove the option of seeing, in order to ward off the illusions of deception. We wanted to do research on this topic to reveal its different angles. The purpose of the current study is to find out the correct opinion about it and explain it to people. In order to find his legal ruling, we searched for him in the expressive books and the opinions of the jurists of the ancients, the later ones, and the contemporary, and to find out the most correct saying in the quality of the proof of the vision option, we conducted a dialogue with scholars, sheikhs, university professors, and merchants in the form of questionnaires that are mentioned in the last pages.

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Introduction: Our current obsession with the lives of others “Biography—that is to say, our creative and non-fictional output devoted to recording and interpreting real lives—has enjoyed an extraordinary renaissance in recent years,” writes Nigel Hamilton in Biography: A Brief History (1). Ian Donaldson agrees that biography is back in fashion: “Once neglected within the academy and relegated to the dustier recesses of public bookstores, biography has made a notable return over recent years, emerging, somewhat surprisingly, as a new cultural phenomenon, and a new academic adventure” (23). For over a decade now, commentators having been making similar observations about our obsession with the intimacies of individual people’s lives. In a lecture in 1994, Justin Kaplan asserted the West was “a culture of biography” (qtd. in Salwak 1) and more recent research findings by John Feather and Hazel Woodbridge affirm that “the undiminished human curiosity about other peoples lives is clearly reflected in the popularity of autobiographies and biographies” (218). At least in relation to television, this assertion seems valid. In Australia, as in the USA and the UK, reality and other biographically based television shows have taken over from drama in both the numbers of shows produced and the viewers these shows attract, and these forms are also popular in Canada (see, for instance, Morreale on The Osbournes). In 2007, the program Biography celebrated its twentieth anniversary season to become one of the longest running documentary series on American television; so successful that in 1999 it was spun off into its own eponymous channel (Rak; Dempsey). Premiered in May 1996, Australian Story—which aims to utilise a “personal approach” to biographical storytelling—has won a significant viewership, critical acclaim and professional recognition (ABC). It can also be posited that the real home movies viewers submit to such programs as Australia’s Favourite Home Videos, and “chat” or “confessional” television are further reflections of a general mania for biographical detail (see Douglas), no matter how fragmented, sensationalized, or even inane and cruel. A recent example of the latter, the USA-produced The Moment of Truth, has contestants answering personal questions under polygraph examination and then again in front of an audience including close relatives and friends—the more “truthful” their answers (and often, the more humiliated and/or distressed contestants are willing to be), the more money they can win. Away from television, but offering further evidence of this interest are the growing readerships for personally oriented weblogs and networking sites such as MySpace and Facebook (Grossman), individual profiles and interviews in periodical publications, and the recently widely revived newspaper obituary column (Starck). Adult and community education organisations run short courses on researching and writing auto/biographical forms and, across Western countries, the family history/genealogy sections of many local, state, and national libraries have been upgraded to meet the increasing demand for these services. Academically, journals and e-mail discussion lists have been established on the topics of biography and autobiography, and North American, British, and Australian universities offer undergraduate and postgraduate courses in life writing. The commonly aired wisdom is that published life writing in its many text-based forms (biography, autobiography, memoir, diaries, and collections of personal letters) is enjoying unprecedented popularity. It is our purpose to examine this proposition. Methodological problems There are a number of problems involved in investigating genre popularity, growth, and decline in publishing. Firstly, it is not easy to gain access to detailed statistics, which are usually only available within the industry. Secondly, it is difficult to ascertain how publishing statistics are gathered and what they report (Eliot). There is the question of whether bestselling booklists reflect actual book sales or are manipulated marketing tools (Miller), although the move from surveys of booksellers to electronic reporting at point of sale in new publishing lists such as BookScan will hopefully obviate this problem. Thirdly, some publishing lists categorise by subject and form, some by subject only, and some do not categorise at all. This means that in any analysis of these statistics, a decision has to be made whether to use the publishing list’s system or impose a different mode. If the publishing list is taken at face value, the question arises of whether to use categorisation by form or by subject. Fourthly, there is the bedeviling issue of terminology. Traditionally, there reigned a simple dualism in the terminology applied to forms of telling the true story of an actual life: biography and autobiography. Publishing lists that categorise their books, such as BookScan, have retained it. But with postmodern recognition of the presence of the biographer in a biography and of the presence of other subjects in an autobiography, the dichotomy proves false. There is the further problem of how to categorise memoirs, diaries, and letters. In the academic arena, the term “life writing” has emerged to describe the field as a whole. Within the genre of life writing, there are, however, still recognised sub-genres. Academic definitions vary, but generally a biography is understood to be a scholarly study of a subject who is not the writer; an autobiography is the story of a entire life written by its subject; while a memoir is a segment or particular focus of that life told, again, by its own subject. These terms are, however, often used interchangeably even by significant institutions such the USA Library of Congress, which utilises the term “biography” for all. Different commentators also use differing definitions. Hamilton uses the term “biography” to include all forms of life writing. Donaldson discusses how the term has been co-opted to include biographies of place such as Peter Ackroyd’s London: The Biography (2000) and of things such as Lizzie Collingham’s Curry: A Biography (2005). This reflects, of course, a writing/publishing world in which non-fiction stories of places, creatures, and even foodstuffs are called biographies, presumably in the belief that this will make them more saleable. The situation is further complicated by the emergence of hybrid publishing forms such as, for instance, the “memoir-with-recipes” or “food memoir” (Brien, Rutherford and Williamson). Are such books to be classified as autobiography or put in the “cookery/food & drink” category? We mention in passing the further confusion caused by novels with a subtitle of The Biography such as Virginia Woolf’s Orlando. The fifth methodological problem that needs to be mentioned is the increasing globalisation of the publishing industry, which raises questions about the validity of the majority of studies available (including those cited herein) which are nationally based. Whether book sales reflect what is actually read (and by whom), raises of course another set of questions altogether. Methodology In our exploration, we were fundamentally concerned with two questions. Is life writing as popular as claimed? And, if it is, is this a new phenomenon? To answer these questions, we examined a range of available sources. We began with the non-fiction bestseller lists in Publishers Weekly (a respected American trade magazine aimed at publishers, librarians, booksellers, and literary agents that claims to be international in scope) from their inception in 1912 to the present time. We hoped that this data could provide a longitudinal perspective. The term bestseller was coined by Publishers Weekly when it began publishing its lists in 1912; although the first list of popular American books actually appeared in The Bookman (New York) in 1895, based itself on lists appearing in London’s The Bookman since 1891 (Bassett and Walter 206). The Publishers Weekly lists are the best source of longitudinal information as the currently widely cited New York Times listings did not appear till 1942, with the Wall Street Journal a late entry into the field in 1994. We then examined a number of sources of more recent statistics. We looked at the bestseller lists from the USA-based Amazon.com online bookseller; recent research on bestsellers in Britain; and lists from Nielsen BookScan Australia, which claims to tally some 85% or more of books sold in Australia, wherever they are published. In addition to the reservations expressed above, caveats must be aired in relation to these sources. While Publishers Weekly claims to be an international publication, it largely reflects the North American publishing scene and especially that of the USA. Although available internationally, Amazon.com also has its own national sites—such as Amazon.co.uk—not considered here. It also caters to a “specific computer-literate, credit-able clientele” (Gutjahr: 219) and has an unashamedly commercial focus, within which all the information generated must be considered. In our analysis of the material studied, we will use “life writing” as a genre term. When it comes to analysis of the lists, we have broken down the genre of life writing into biography and autobiography, incorporating memoir, letters, and diaries under autobiography. This is consistent with the use of the terminology in BookScan. Although we have broken down the genre in this way, it is the overall picture with regard to life writing that is our concern. It is beyond the scope of this paper to offer a detailed analysis of whether, within life writing, further distinctions should be drawn. Publishers Weekly: 1912 to 2006 1912 saw the first list of the 10 bestselling non-fiction titles in Publishers Weekly. It featured two life writing texts, being headed by an autobiography, The Promised Land by Russian Jewish immigrant Mary Antin, and concluding with Albert Bigelow Paine’s six-volume biography, Mark Twain. The Publishers Weekly lists do not categorise non-fiction titles by either form or subject, so the classifications below are our own with memoir classified as autobiography. In a decade-by-decade tally of these listings, there were 3 biographies and 20 autobiographies in the lists between 1912 and 1919; 24 biographies and 21 autobiographies in the 1920s; 13 biographies and 40 autobiographies in the 1930s; 8 biographies and 46 biographies in the 1940s; 4 biographies and 14 autobiographies in the 1950s; 11 biographies and 13 autobiographies in the 1960s; 6 biographies and 11 autobiographies in the 1970s; 3 biographies and 19 autobiographies in the 1980s; 5 biographies and 17 autobiographies in the 1990s; and 2 biographies and 7 autobiographies from 2000 up until the end of 2006. See Appendix 1 for the relevant titles and authors. Breaking down the most recent figures for 1990–2006, we find a not radically different range of figures and trends across years in the contemporary environment. The validity of looking only at the top ten books sold in any year is, of course, questionable, as are all the issues regarding sources discussed above. But one thing is certain in terms of our inquiry. There is no upwards curve obvious here. If anything, the decade break-down suggests that sales are trending downwards. This is in keeping with the findings of Michael Korda, in his history of twentieth-century bestsellers. He suggests a consistent longitudinal picture across all genres: In every decade, from 1900 to the end of the twentieth century, people have been reliably attracted to the same kind of books […] Certain kinds of popular fiction always do well, as do diet books […] self-help books, celebrity memoirs, sensationalist scientific or religious speculation, stories about pets, medical advice (particularly on the subjects of sex, longevity, and child rearing), folksy wisdom and/or humour, and the American Civil War (xvii). Amazon.com since 2000 The USA-based Amazon.com online bookselling site provides listings of its own top 50 bestsellers since 2000, although only the top 14 bestsellers are recorded for 2001. As fiction and non-fiction are not separated out on these lists and no genre categories are specified, we have again made our own decisions about what books fall into the category of life writing. Generally, we erred on the side of inclusion. (See Appendix 2.) However, when it came to books dealing with political events, we excluded books dealing with specific aspects of political practice/policy. This meant excluding books on, for instance, George Bush’s so-called ‘war on terror,’ of which there were a number of bestsellers listed. In summary, these listings reveal that of the top 364 books sold by Amazon from 2000 to 2007, 46 (or some 12.6%) were, according to our judgment, either biographical or autobiographical texts. This is not far from the 10% of the 1912 Publishers Weekly listing, although, as above, the proportion of bestsellers that can be classified as life writing varied dramatically from year to year, with no discernible pattern of peaks and troughs. This proportion tallied to 4% auto/biographies in 2000, 14% in 2001, 10% in 2002, 18% in 2003 and 2004, 4% in 2005, 14% in 2006 and 20% in 2007. This could suggest a rising trend, although it does not offer any consistent trend data to suggest sales figures may either continue to grow, or fall again, in 2008 or afterwards. Looking at the particular texts in these lists (see Appendix 2) also suggests that there is no general trend in the popularity of life writing in relation to other genres. For instance, in these listings in Amazon.com, life writing texts only rarely figure in the top 10 books sold in any year. So rarely indeed, that from 2001 there were only five in this category. In 2001, John Adams by David McCullough was the best selling book of the year; in 2003, Hillary Clinton’s autobiographical Living History was 7th; in 2004, My Life by Bill Clinton reached number 1; in 2006, Nora Ephron’s I Feel Bad About My Neck: and Other Thoughts on Being a Woman was 9th; and in 2007, Ishmael Beah’s discredited A Long Way Gone: Memoirs of a Boy Soldier came in at 8th. Apart from McCulloch’s biography of Adams, all the above are autobiographical texts, while the focus on leading political figures is notable. Britain: Feather and Woodbridge With regard to the British situation, we did not have actual lists and relied on recent analysis. John Feather and Hazel Woodbridge find considerably higher levels for life writing in Britain than above with, from 1998 to 2005, 28% of British published non-fiction comprising autobiography, while 8% of hardback and 5% of paperback non-fiction was biography (2007). Furthermore, although Feather and Woodbridge agree with commentators that life writing is currently popular, they do not agree that this is a growth state, finding the popularity of life writing “essentially unchanged” since their previous study, which covered 1979 to the early 1990s (Feather and Reid). Australia: Nielsen BookScan 2006 and 2007 In the Australian publishing industry, where producing books remains an ‘expensive, risky endeavour which is increasingly market driven’ (Galligan 36) and ‘an inherently complex activity’ (Carter and Galligan 4), the most recent Australian Bureau of Statistics figures reveal that the total numbers of books sold in Australia has remained relatively static over the past decade (130.6 million in the financial year 1995–96 and 128.8 million in 2003–04) (ABS). During this time, however, sales volumes of non-fiction publications have grown markedly, with a trend towards “non-fiction, mass market and predictable” books (Corporall 41) resulting in general non-fiction sales in 2003–2004 outselling general fiction by factors as high as ten depending on the format—hard- or paperback, and trade or mass market paperback (ABS 2005). However, while non-fiction has increased in popularity in Australia, the same does not seem to hold true for life writing. Here, in utilising data for the top 5,000 selling non-fiction books in both 2006 and 2007, we are relying on Nielsen BookScan’s categorisation of texts as either biography or autobiography. In 2006, no works of life writing made the top 10 books sold in Australia. In looking at the top 100 books sold for 2006, in some cases the subjects of these works vary markedly from those extracted from the Amazon.com listings. In Australia in 2006, life writing makes its first appearance at number 14 with convicted drug smuggler Schapelle Corby’s My Story. This is followed by another My Story at 25, this time by retired Australian army chief, Peter Cosgrove. Jonestown: The Power and Myth of Alan Jones comes in at 34 for the Australian broadcaster’s biographer Chris Masters; the biography, The Innocent Man by John Grisham at 38 and Li Cunxin’s autobiographical Mao’s Last Dancer at 45. Australian Susan Duncan’s memoir of coping with personal loss, Salvation Creek: An Unexpected Life makes 50; bestselling USA travel writer Bill Bryson’s autobiographical memoir of his childhood The Life and Times of the Thunderbolt Kid 69; Mandela: The Authorised Portrait by Rosalind Coward, 79; and Joanne Lees’s memoir of dealing with her kidnapping, the murder of her partner and the justice system in Australia’s Northern Territory, No Turning Back, 89. These books reveal a market preference for autobiographical writing, and an almost even split between Australian and overseas subjects in 2006. 2007 similarly saw no life writing in the top 10. The books in the top 100 sales reveal a downward trend, with fewer titles making this band overall. In 2007, Terri Irwin’s memoir of life with her famous husband, wildlife warrior Steve Irwin, My Steve, came in at number 26; musician Andrew Johns’s memoir of mental illness, The Two of Me, at 37; Ayaan Hirst Ali’s autobiography Infidel at 39; John Grogan’s biography/memoir, Marley and Me: Life and Love with the World’s Worst Dog, at 42; Sally Collings’s biography of the inspirational young survivor Sophie Delezio, Sophie’s Journey, at 51; and Elizabeth Gilbert’s hybrid food, self-help and travel memoir, Eat, Pray, Love: One Woman’s Search for Everything at 82. Mao’s Last Dancer, published the year before, remained in the top 100 in 2007 at 87. When moving to a consideration of the top 5,000 books sold in Australia in 2006, BookScan reveals only 62 books categorised as life writing in the top 1,000, and only 222 in the top 5,000 (with 34 titles between 1,000 and 1,999, 45 between 2,000 and 2,999, 48 between 3,000 and 3,999, and 33 between 4,000 and 5,000). 2007 shows a similar total of 235 life writing texts in the top 5,000 bestselling books (75 titles in the first 1,000, 27 between 1,000 and 1,999, 51 between 2,000 and 2,999, 39 between 3,000 and 3,999, and 43 between 4,000 and 5,000). In both years, 2006 and 2007, life writing thus not only constituted only some 4% of the bestselling 5,000 titles in Australia, it also showed only minimal change between these years and, therefore, no significant growth. Conclusions Our investigation using various instruments that claim to reflect levels of book sales reveals that Western readers’ willingness to purchase published life writing has not changed significantly over the past century. We find no evidence of either a short, or longer, term growth or boom in sales in such books. Instead, it appears that what has been widely heralded as a new golden age of life writing may well be more the result of an expanded understanding of what is included in the genre than an increased interest in it by either book readers or publishers. What recent years do appear to have seen, however, is a significantly increased interest by public commentators, critics, and academics in this genre of writing. We have also discovered that the issue of our current obsession with the lives of others tends to be discussed in academic as well as popular fora as if what applies to one sub-genre or production form applies to another: if biography is popular, then autobiography will also be, and vice versa. If reality television programming is attracting viewers, then readers will be flocking to life writing as well. Our investigation reveals that such propositions are questionable, and that there is significant research to be completed in mapping such audiences against each other. This work has also highlighted the difficulty of separating out the categories of written texts in publishing studies, firstly in terms of determining what falls within the category of life writing as distinct from other forms of non-fiction (the hybrid problem) and, secondly, in terms of separating out the categories within life writing. Although we have continued to use the terms biography and autobiography as sub-genres, we are aware that they are less useful as descriptors than they are often assumed to be. In order to obtain a more complete and accurate picture, publishing categories may need to be agreed upon, redefined and utilised across the publishing industry and within academia. This is of particular importance in the light of the suggestions (from total sales volumes) that the audiences for books are limited, and therefore the rise of one sub-genre may be directly responsible for the fall of another. Bair argues, for example, that in the 1980s and 1990s, the popularity of what she categorises as memoir had direct repercussions on the numbers of birth-to-death biographies that were commissioned, contracted, and published as “sales and marketing staffs conclude[d] that readers don’t want a full-scale life any more” (17). Finally, although we have highlighted the difficulty of using publishing statistics when there is no common understanding as to what such data is reporting, we hope this study shows that the utilisation of such material does add a depth to such enquiries, especially in interrogating the anecdotal evidence that is often quoted as data in publishing and other studies. Appendix 1 Publishers Weekly listings 1990–1999 1990 included two autobiographies, Bo Knows Bo by professional athlete Bo Jackson (with Dick Schaap) and Ronald Reagan’s An America Life: An Autobiography. In 1991, there were further examples of life writing with unimaginative titles, Me: Stories of My Life by Katherine Hepburn, Nancy Reagan: The Unauthorized Biography by Kitty Kelley, and Under Fire: An American Story by Oliver North with William Novak; as indeed there were again in 1992 with It Doesn’t Take a Hero: The Autobiography of Norman Schwarzkopf, Sam Walton: Made in America, the autobiography of the founder of Wal-Mart, Diana: Her True Story by Andrew Morton, Every Living Thing, yet another veterinary outpouring from James Herriot, and Truman by David McCullough. In 1993, radio shock-jock Howard Stern was successful with the autobiographical Private Parts, as was Betty Eadie with her detailed recounting of her alleged near-death experience, Embraced by the Light. Eadie’s book remained on the list in 1994 next to Don’t Stand too Close to a Naked Man, comedian Tim Allen’s autobiography. Flag-waving titles continue in 1995 with Colin Powell’s My American Journey, and Miss America, Howard Stern’s follow-up to Private Parts. 1996 saw two autobiographical works, basketball superstar Dennis Rodman’s Bad as I Wanna Be and figure-skater, Ekaterina Gordeeva’s (with EM Swift) My Sergei: A Love Story. In 1997, Diana: Her True Story returns to the top 10, joining Frank McCourt’s Angela’s Ashes and prolific biographer Kitty Kelly’s The Royals, while in 1998, there is only the part-autobiography, part travel-writing A Pirate Looks at Fifty, by musician Jimmy Buffet. There is no biography or autobiography included in either the 1999 or 2000 top 10 lists in Publishers Weekly, nor in that for 2005. In 2001, David McCullough’s biography John Adams and Jack Welch’s business memoir Jack: Straight from the Gut featured. In 2002, Let’s Roll! Lisa Beamer’s tribute to her husband, one of the heroes of 9/11, written with Ken Abraham, joined Rudolph Giuliani’s autobiography, Leadership. 2003 saw Hillary Clinton’s autobiography Living History and Paul Burrell’s memoir of his time as Princess Diana’s butler, A Royal Duty, on the list. In 2004, it was Bill Clinton’s turn with My Life. In 2006, we find John Grisham’s true crime (arguably a biography), The Innocent Man, at the top, Grogan’s Marley and Me at number three, and the autobiographical The Audacity of Hope by Barack Obama in fourth place. Appendix 2 Amazon.com listings since 2000 In 2000, there were only two auto/biographies in the top Amazon 50 bestsellers with Lance Armstrong’s It’s Not about the Bike: My Journey Back to Life about his battle with cancer at 20, and Dave Eggers’s self-consciously fictionalised memoir, A Heartbreaking Work of Staggering Genius at 32. In 2001, only the top 14 bestsellers were recorded. At number 1 is John Adams by David McCullough and, at 11, Jack: Straight from the Gut by USA golfer Jack Welch. In 2002, Leadership by Rudolph Giuliani was at 12; Master of the Senate: The Years of Lyndon Johnson by Robert Caro at 29; Portrait of a Killer: Jack the Ripper by Patricia Cornwell at 42; Blinded by the Right: The Conscience of an Ex-Conservative by David Brock at 48; and Louis Gerstner’s autobiographical Who Says Elephants Can’t Dance: Inside IBM’s Historic Turnaround at 50. In 2003, Living History by Hillary Clinton was 7th; Benjamin Franklin: An American Life by Walter Isaacson 14th; Dereliction of Duty: The Eyewitness Account of How President Bill Clinton Endangered America’s Long-Term National Security by Robert Patterson 20th; Under the Banner of Heaven: A Story of Violent Faith by Jon Krakauer 32nd; Leap of Faith: Memoirs of an Unexpected Life by Queen Noor of Jordan 33rd; Kate Remembered, Scott Berg’s biography of Katharine Hepburn, 37th; Who’s your Caddy?: Looping for the Great, Near Great and Reprobates of Golf by Rick Reilly 39th; The Teammates: A Portrait of a Friendship about a winning baseball team by David Halberstam 42nd; and Every Second Counts by Lance Armstrong 49th. In 2004, My Life by Bill Clinton was the best selling book of the year; American Soldier by General Tommy Franks was 16th; Kevin Phillips’s American Dynasty: Aristocracy, Fortune and the Politics of Deceit in the House of Bush 18th; Timothy Russert’s Big Russ and Me: Father and Son. Lessons of Life 20th; Tony Hendra’s Father Joe: The Man who Saved my Soul 23rd; Ron Chernow’s Alexander Hamilton 27th; Cokie Roberts’s Founding Mothers: The Women Who Raised our Nation 31st; Kitty Kelley’s The Family: The Real Story of the Bush Dynasty 42nd; and Chronicles, Volume 1 by Bob Dylan was 43rd. In 2005, auto/biographical texts were well down the list with only The Year of Magical Thinking by Joan Didion at 45 and The Glass Castle: A Memoir by Jeanette Walls at 49. In 2006, there was a resurgence of life writing with Nora Ephron’s I Feel Bad About My Neck: and Other Thoughts on Being a Woman at 9; Grisham’s The Innocent Man at 12; Bill Buford’s food memoir Heat: an Amateur’s Adventures as Kitchen Slave, Line Cook, Pasta-Maker, and Apprentice to a Dante-Quoting Butcher in Tuscany at 23; more food writing with Julia Child’s My Life in France at 29; Immaculée Ilibagiza’s Left to Tell: Discovering God amidst the Rwandan Holocaust at 30; CNN anchor Anderson Cooper’s Dispatches from the Edge: A Memoir of War, Disasters and Survival at 43; and Isabella Hatkoff’s Owen & Mzee: The True Story of a Remarkable Friendship (between a baby hippo and a giant tortoise) at 44. In 2007, Ishmael Beah’s discredited A Long Way Gone: Memoirs of a Boy Soldier came in at 8; Walter Isaacson’s Einstein: His Life and Universe 13; Ayaan Hirst Ali’s autobiography of her life in Muslim society, Infidel, 18; The Reagan Diaries 25; Jesus of Nazareth by Pope Benedict XVI 29; Mother Teresa: Come be my Light 36; Clapton: The Autobiography 40; Tina Brown’s The Diana Chronicles 45; Tony Dungy’s Quiet Strength: The Principles, Practices & Priorities of a Winning Life 47; and Daniel Tammet’s Born on a Blue Day: Inside the Extraordinary Mind of an Autistic Savant at 49. Acknowledgements A sincere thank you to Michael Webster at RMIT for assistance with access to Nielsen BookScan statistics, and to the reviewers of this article for their insightful comments. Any errors are, of course, our own. References Australian Broadcasting Commission (ABC). “About Us.” Australian Story 2008. 1 June 2008. ‹http://www.abc.net.au/austory/aboutus.htm>. Australian Bureau of Statistics. “1363.0 Book Publishers, Australia, 2003–04.” 2005. 1 June 2008 ‹http://www.abs.gov.au/ausstats/abs@.nsf/mf/1363.0>. Bair, Deirdre “Too Much S & M.” Sydney Morning Herald 10–11 Sept. 2005: 17. Basset, Troy J., and Christina M. Walter. “Booksellers and Bestsellers: British Book Sales as Documented by The Bookman, 1891–1906.” Book History 4 (2001): 205–36. Brien, Donna Lee, Leonie Rutherford, and Rosemary Williamson. “Hearth and Hotmail: The Domestic Sphere as Commodity and Community in Cyberspace.” M/C Journal 10.4 (2007). 1 June 2008 ‹http://journal.media-culture.org.au/0708/10-brien.php>. Carter, David, and Anne Galligan. “Introduction.” Making Books: Contemporary Australian Publishing. St Lucia: U of Queensland P, 2007. 1–14. Corporall, Glenda. Project Octopus: Report Commissioned by the Australian Society of Authors. Sydney: Australian Society of Authors, 1990. Dempsey, John “Biography Rewrite: A&E’s Signature Series Heads to Sib Net.” Variety 4 Jun. 2006. 1 June 2008 ‹http://www.variety.com/article/VR1117944601.html?categoryid=1238&cs=1>. Donaldson, Ian. “Matters of Life and Death: The Return of Biography.” Australian Book Review 286 (Nov. 2006): 23–29. Douglas, Kate. “‘Blurbing’ Biographical: Authorship and Autobiography.” Biography 24.4 (2001): 806–26. Eliot, Simon. “Very Necessary but not Sufficient: A Personal View of Quantitative Analysis in Book History.” Book History 5 (2002): 283–93. Feather, John, and Hazel Woodbridge. “Bestsellers in the British Book Industry.” Publishing Research Quarterly 23.3 (Sept. 2007): 210–23. Feather, JP, and M Reid. “Bestsellers and the British Book Industry.” Publishing Research Quarterly 11.1 (1995): 57–72. Galligan, Anne. “Living in the Marketplace: Publishing in the 1990s.” Publishing Studies 7 (1999): 36–44. Grossman, Lev. “Time’s Person of the Year: You.” Time 13 Dec. 2006. Online edition. 1 June 2008 ‹http://www.time.com/time/magazine/article/0%2C9171%2C1569514%2C00.html>. Gutjahr, Paul C. “No Longer Left Behind: Amazon.com, Reader Response, and the Changing Fortunes of the Christian Novel in America.” Book History 5 (2002): 209–36. Hamilton, Nigel. Biography: A Brief History. Cambridge, MA: Harvard UP, 2007. Kaplan, Justin. “A Culture of Biography.” The Literary Biography: Problems and Solutions. Ed. Dale Salwak. Basingstoke: Macmillan, 1996. 1–11. Korda, Michael. Making the List: A Cultural History of the American Bestseller 1900–1999. New York: Barnes & Noble, 2001. Miller, Laura J. “The Bestseller List as Marketing Tool and Historical Fiction.” Book History 3 (2000): 286–304. Morreale, Joanne. “Revisiting The Osbournes: The Hybrid Reality-Sitcom.” Journal of Film and Video 55.1 (Spring 2003): 3–15. Rak, Julie. “Bio-Power: CBC Television’s Life & Times and A&E Network’s Biography on A&E.” LifeWriting 1.2 (2005): 1–18. Starck, Nigel. “Capturing Life—Not Death: A Case For Burying The Posthumous Parallax.” Text: The Journal of the Australian Association of Writing Programs 5.2 (2001). 1 June 2008 ‹http://www.textjournal.com.au/oct01/starck.htm>.

The elaborate cross-media spectacle, ‘Australian Idol,’ ostensibly lays bare the process of creating a pop star. Yet with so much made visible, much is rendered opaque. Specifically, ‘Idol’ is defined by the use of carefully-tuned strategies of publicity and promotion that create, shape and reshape a series of ‘authentic celebrities’ – pop stars whose emergence is sanctified through a seemingly open process of public ratification. Yet, Idol’s main actor is the music industry itself which uses contestants as vehicles for crafting intimate, long-term relationships with consumers. Through an analysis of the process through which various contestants in ‘Australian Idol’ are promoted and sold, it becomes clear that these populist icons are emblematic of an industry reinventing itself in a media environment that presents remarkable challenges and surprising opportunities. Curiously, the debates, strategies and motivations of the public relations industry have received little sustained attention in popular music studies. While much has been written about the contradictions between the rhetoric of rebellion and the complicated realities of corporate success (Frank; Negus), less has been written about the evolution of specific kinds of publicity and the strategies that shape their use in the music industry. This is surprising given the foundational role of public relations strategies within the culture industries generally and the music industry in particular. Specifically, what Turner et. al. define as ‘the promotional culture’ is central to the production and marketing of mainstream popular music. The ‘Idol’ phenomenon offers a rich opportunity to examine how the mainstream of the popular music industry uses distinct and novel marketing strategies in the face of declining sales of compact discs, an advertising environment that is extraordinarily crowded with all manner of competing messages, a steady rate of trade in digital song files and ever more effective competition from video games and DVDs. The ‘Idol’ phenomenon has proved to be a bundle of highly successful strategies for making money from popular music. Selling CDs seems to be almost ancillary to the phenomenon, acting as only one profit centre among many. Indeed, we can track the progress and deployment of specific strategies for shaping the creation of what has become a series of musical celebrities from the start of the first series of ‘Australian Idol’ through a continuous process of strategic publicity. The Attention Economy It has been somewhat hysterically estimated that the average resident of Sydney might be presented with around 3000 commercial messages a day (Lee). It is this kind of communication environment that makes account planners go weak in the knees in both paralysing anxiety and genuine excitement. Many have taken to paying people to go to bars, cafes and clubs to talk up the relative merits of a product to complete strangers in the guise of casual conversation. Similarly, commercial buskers have recently appeared on City Trains to proclaim the virtues of the wares they’ve been contracted to hawk. One can imagine ‘Cockles and Mussels’ has been updated as ‘MP3 Players and Really Cool Footwear.’ These phenomena are variously referred to as ‘viral,’ ‘tipping point,’ ‘word of mouth’ or ‘whisper’ marketing. (Gladwell; Godin; Henry; Lee; Rosen) Regardless of what you call it, the problem inspiring these promotional chats and arias is the same: advertisers can no longer count on getting and holding our attention. As Davenport and Beck, Brody and even Nobel Prize winning economist Herbert Simon have noted, the more taxed public attention gets, the more valuable it becomes. By most industry accounts, the attention economy is an established reality. It represents a significant shift of emphasis away from traditional methods of reaching consumers, instead inspiring new thinking about how to create lasting, flexible and evolving relationships with target audiences. The attention economy is a complicated and often contradictory response to a media environment that appears less and less reliable and to consumers who behaviour is often poorly understood, even mysterious (Elliott and Jankel-Elliott). This challenging backdrop, however, is only the beginning for a seemingly beleaguered music industry. Wherever one looks, from the rise of the very real threat of global piracy to the expansion of the video game industry to mobile phones and hand held players to increasing amounts of money spent on DVDs and ring tones, selling CDs has become almost a sideline. The main event is the profitable use and reuse of the industry’s vast stores of intellectual property through all manner of media, most which didn’t exist ten years ago. Indeed, the ‘Idol’ phenomenon shows us how the music industry has been incorporating its jealously-guarded intellectual property and familiar modes of industrial self-presentation into existing media environments to build long-term relationships with consumers through television, radio, DVDs, CDs, the internet and mobile phones. Further, ‘Idol’s’ producers have supplemented more traditional models of communication by taking direct and explicit account of how and where audiences use a wide variety of media. The broad range of opportunities to participate in ‘Idol’ is central to its success. It demonstrates a willingness on the part of producers to accept the necessity of bending somewhat to the audience’s existing and evolving uses of the media. In short, they are simply not all that fussy about how participation actually happens so long as it does. Producers allow for many kinds of participation in order to constantly offer more specific and more active levels of involvement. ‘Idol’ has transformed consumer relationships within the music industry by coaxing into being ever more intimate, active and reciprocal relationships over the course of the contest by encouraging increasingly specific acts by consumers to complete a continual series of transactions. The Use and Reuse of Celebrity In many quarters, ‘Australian Idol’ has become a byword for bullshit. The competition seems rigged and the contestants are not seen as ‘real’ musicians in large part because their experience appears to be so transparent and so transparently commercial. As the mythology of the music industry has traditionally had it, deserving pop stars are established as celebrities through what is a more or less a linear progression. Early success is based on a carefully constructed sense of authentic cultural production. Credibility is established through a series of contestable affiliations to ostensibly organic music cultures, earned through artistic development and the hard slog of touring and practice (see Maxwell 118). The fraught possibilities of mainstream success continually beckon to ‘real’ musicians as they either ‘crossover’ or remain independent all the while trying to preserve some elusive measure of public honesty. As this mythology was implicitly unavailable to the producers of ‘Idol,’ a different kind of authenticity had to be constructed. Instead of a ‘battles of the bands’ (read: brands) contest, ‘Idol’ producers chose to present ‘unbranded’ aspirants (“Sydney Audition”). These hopefuls are presented as appealingly ambitious or merely optimistic individuals with varying degrees of talent. Those truly blessed, not only with talent but the drive to work it into saleable shape, would be carefully chosen from the multitude and offered an opportunity to make the most of their inherent yet unformed ability. Thus, their authenticity was assumed to be an implicit, inchoate presence, requiring the guiding hand of insiders to reach full flower. Through the facilitation of competition and direction provided in the form of knowledgeable music industry veterans who never tire of giving stern admonitions to indifferent performers who do not take full advantage of the opportunity presented to them, contestants are asked to prove themselves through an extended period of intense self-presentation and recreation. The lengthy televised, but tightly-edited auditions, complete with extensive commentary and the occasional gnashing of teeth on the part of the panel of experts and rejected contestants, demonstrate to us the earnest intent of those involved. Importantly, the authenticity of those proceeding through the contest is never firmly established, but has to be continually and strategically re-established. Each weighty choice of repertoire, wardrobe and performance style can only break them; each successful performance only raises the stakes. This tense maintenance of status as a deserving celebrity runs in tandem with the increasingly attentive and reciprocal relationship between the producers and the audience. The relationship begins with what has proved to be a compelling first act. Thousands of ‘ordinary’ Australians line up outside venues throughout the country, many sleeping in car parks and on footpaths, practising, singing and performing for the mobile camera crews. We are presented with their youthful vigour in all its varied guises. We cannot help but be convinced of the worth of those who survive such a process. The chosen few who are told with a flourish ‘You’re going to Sydney’ are then faced with what appears to be a daunting challenge, to establish themselves in short order as a performer with ‘the X factor’ (“Australian Idol” 14 July 2004). A fine voice and interesting look must be supplemented with those intangible qualities that result in wide public appeal. Yet these qualities are only made available to the public and the performer because of the contest itself. When the public is eventually asked to participate directly, it is to both produce and ratify exactly these ambiguous attributes. More than this, contestants need our help just to survive. Their celebrity is almost shockingly unstable, more fleeting than its surrounding rhetoric and context might suggest and under constant, expected threat. From round to round, favourites can easily become also rans–wild cards who limp out of one round, but storm through the next. The drama can only be heightened, securing our interest by requiring our input. As any advertiser can tell you, an effective campaign must end in action on our part. Through text message and phone voting as well as extensive ‘fan management’ through internet chat rooms and bulletin boards (see Stahl 228; http://au.messages.yahoo.com/australianidol/), our channelled ‘viral’ participation both shapes and completes the meanings of the contest. These active and often inventive relationships (http://au.australianidol.yahoo.com/fancentral/) allow the eventual ‘Idol’ to claim the credibility the means of their success otherwise renders suspect and these activities appear to consummate the relationship. However, the relationship continues well beyond the gala final. In a fascinating re-narration of the first series of ‘Australian Idol,’ Australian Idol: The Winner’s Story aired on the Friday following the final night of the contest. The story of the newly crowned Idol, Guy Sebastian, was presented in an hour long program that showed his home life, his life as a voice teacher in the Adelaide suburbs and his subsequent journey to stardom. The clips depicting his life prior to ‘Idol’ were of ambiguous vintage, cleverly silent on the exact date of production; somehow they were not quite in the past or the future, but floated in some eternal in-between. When his ‘Australian Idol’ experience was chronicled, after the second commercial break, we were allowed to see an intimate portrait of an anxious contestant transformed into ‘Your Australian Idol.’ There could be no doubt of the virtue of Sebastian’s struggles, nor of his well-earned victory. ‘New’ footage began with the sudden sensation reluctantly commenting on other contestants at the original Adelaide cattle call at the prompting of the mobile camera crew and ended with his teary-eyed mother exultant at the final decision as she stood in the front row at the Opera House. Further, not only is the entire run of the first series dramatically recounted in documentary format on the Australian Idol: Greatest Moments DVD, framed by Sebastian’s humble triumph, so are the stories of each member of the Final 12 and the paths they took through the contest. These reiterations serve to reinforce not only Sebastian’s status, but the status of the program itself. They confirm the benevolent success of the industry it so dutifully profiles. We are taken behind the curtain, allowed to see the machinery of stardom grind inevitably to a conclusion, knowing we will be allowed back again when the time is right. Whereas ‘Idol’ is routinely pilloried for its crass commercialism, it remains an unavoidable success. Viewers keep tuning in, advertisers still clamour to sponsor all aspects of the production and the CDs keep selling. Most importantly, the music industry has a showcase for its own operations. The structures of feeling it exists to produce take on a kind of subtle explicitness that ensures their perpetuation. Within an industry faced with threats perceived to be foundational, the creators of ‘Idol’ have produced an audacious and arrogant spectacle. They have made a profitable virtue out of an economic necessity. The expensive and unpredictable process of finding and nurturing new talent has not only been made more reliable, but ‘Idol’ has shown that it can actually turn a profit. The brand of celebrity produced by Idol possesses no mere sheen of populist approval, but embodies that more valuable commodity: popular attention, however reluctant or enthusiastic it may be. References “Australian Idol.” Ten Network, Sydney, 14 July 2004. “Australian Idol: The Winner’s Story.” Ten Network, Sydney, 21 November 2003. Australian Idol: Greatest Moments. Fremantle Media Operations, 2004. Brody, E.W. “The ‘Attention’ Economy.” Public Relations Quarterly 46.3 (2001): 18-21. Davenport, T., and J. Beck. “The Strategy and Structure of Firms in the Attention Economy.” Ivey Business Journal 66.4 (2002): 49–55. Elliott, R., and N. Jankel-Elliott. “Using Ethnography in Strategic Consumer Research.” Qualitative Market Research 6.4 (2003): 215-23. Frank, Thomas. The Conquest of Cool: Business Culture, Counterculture, and the Rise of Hip Consumerism. Chicago: U of Chicago P, 1997. Gladwell, Malcolm. The Tipping Point: How Little Things Can Make a Big Difference. Boston: Back Bay Books, 2002. Godin, Seth. Unleashing the Ideavirus. New York: Hyperion, 2001. Henry, Amy. “How Buzz Marketing Works for Teens.” Advertising and Marketing to Children April-June (2003): 3-10. Lee, Julian. “Stealth Marketers Ready to Railroad the Unsuspecting.” Sydney Morning Herald 24-5 July 2004: 3. Maxwell, Ian. “True to the Music: Authenticity, Articulation and Authorship in Sydney Hip-Hop Culture.” Social Semiotics 4.1-2 (1994): 117–37. Negus, Keith. Music Genres and Corporate Cultures. London: Routledge, 1999. Negus, Keith. Producing Pop: Culture and Conflict in the Popular Music Industry. London: Edward Arnold, 1992. Rosen, Emanuel. The Anatomy of Buzz: How to Create Word of Mouth Marketing. London: Harper Collins, 2000. Stahl, Matthew. “A Moment like This: American Idol and Narratives of Meritocracy.” Bad Music: Music We Love to Hate. Eds. C. Washburne and M. Derno. New York: Routledge, 2004. 212–32. “Sydney Auditions: Conditions of Participation in the Australian Idol Audition.” Australian Idol Website 10 June 2004. http://au.australianidol.com.au>. Turner, G., F. Bonner, and P.D. Marshall. Fame Games: The Production of Celebrity in Australia. Cambridge: Cambridge UP, 2000. Citation reference for this article MLA Style Fairchild, Charles. "'Australian Idol' and the Attention Economy." M/C Journal 7.5 (2004). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0411/09-fairchild.php>. APA Style Fairchild, C. (Nov. 2004) "'Australian Idol' and the Attention Economy," M/C Journal, 7(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0411/09-fairchild.php>.

This book provides a comparative analysis of domestic laws on contracts and sales in over sixty countries to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present-day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. The book encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. Since the first edition, new case law and legislation have emerged changing the content of the law on contracts and sales in some countries, and changes to the law of contract have been implemented in Argentina, France, Hungary, and Japan. Additionally, there have been 16 further country adoptions of the CISG. The UNIDROIT PICC was updated in 2016, and the ICC released new editions of its INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were in prospect (and some which were not) when writing the original edition have now either evolved or disappeared. This new edition provides a fresh comparative analysis of domestic laws and international developments, whilst considering the new case law applying and interpreting uniform projects like the CISG and the UNIDROIT PICC, and the influence this may have in the domestic law on contracts and sales.

This book delivers detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. It provides comparative analysis of three major sources of sales law: The United Nations Convention on Contracts for the Sale of Goods, the UNIDROIT Principles of International Commercial Contracts (PICC), and Article Two: Sales of the Uniform Commercial Code. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the cases that have addressed and interpreted the CISG. The new edition examines the number of American cases on the CISG decided since the last edition, and the several hundred major non-American CISG cases, concentrating on the development of specific points of law that have become important and contentious areas. It continues to provide a complete discussion of the PICC including the latest provisions on set-off, assignment, and limitation periods, and timely coverage of the new supplementary model clauses for use with the Principles. The book compares and analyses the PICC, the CISG and the Uniform Commercial Code in a detailed way. It explores instances when one may be more applicable than the other and enables further understanding of all three instruments and the options available under international and domestic US law.

An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to a commercial buyer in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers’ remedies through comparative and normative examination.

Following the Chinese Civil Code: The General Part, this book covers the six specific books of the Code. It designates a separate part for the security law and highlights the significant amendments brought about by the Code and its subsequent judicial interpretation. As contract law makes up nearly a half of the entire Civil Code, this book also puts an emphasis on this area and addresses six major contract types in detail: the sales contract, lease contract, guaranty contract, mandate contract, factoring contract and technology contract.

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).

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 had increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. Non-compliance results in a document being void as a contract for sale of land, but a valid contract may be obtained through use of collateral contracts or rectification. The Law Commission had envisaged the use of estoppel in appropriate cases in which formality requirements for a contract for sale were not complied with. The fundamental objective of the Land Registration Act 2002 is directly associated to the introduction of e-conveyancing. The goal of attaining e-conveyancing has not been deserted, but its introduction appears almost as far away now as it did when the LRA 2002 passed into law.

Abstract How Can you make it in another person’s interest to behave as you want? How can you create incentives? The word “incentive” comes from the Latin incentiuus, which means “setting the tune”; in this chapter we will ask how best to set the tune. We will explore the uncontroversial, even bland proposition that people must be rewarded if they are to be induced to do something they would prefer not to do. The whole question of incentives arises because of some divergence of interests. An insurance company wants its sales people to be out looking for customers, but the salespeople might prefer to sit around playing poker. An author, seeking fame, wants her book priced low so as to achieve a large sale; while the publisher, seeking profit, prefers a higher price. A firm operating on borrowed capital, whose liability is limited in the event of bankruptcy, engages in more risky ventures than the banker desires. If a subcontracting firm is able to pass on part of its production-cost increases to the prime contractor, it will be less careful to hold down its costs than the prime contractor wants (it might carry excessive inventories, or use more workers than necessary, or fail to seek the most efficient techniques). A car-owner, after buying theft insurance, becomes less careful to prevent theft than the insurance company would want.

Abstract Contract principles and specific contracts Specific contracts For the purposes of the present project, the lease contract is a specific contract, in line with sales, services, loans etc. The division between general contract law (or law of obligations) and the law of specific contracts has long traditions in Europe as has the typology of specific contracts. This kind of systematisation has naturally been most accentuated in jurisdictions where patrimonial law is codified. The criteria for categorising contracts are several (socio-economic function, type of asset involved, character of performance, payment or not, etc.) and may vary from jurisdiction to jurisdiction. The starting point for this Part of Book IV is the observation that a categorisation based on the criteria of (a) temporary (b) use of (c) movable (d) tangible property against (e) payment, based on (f) contract, is commonly recognised to a degree that makes it meaningful to operate with “lease” as a specific contract. This holds true even if these contracts belong to different categories in the systems found in the legislation, court practice, and doctrine of the different jurisdictions. Atypical contracts, mixed contracts, border cases etc. Contract rules on leases, sales, services etc. may seem to presuppose that every contract must belong to one of the categories and to one only; the contract is eithera lease, ora sale, ora service, etc. This is not so. It is generally accepted that there are valid contracts not falling under any of the pre-established categories. The principle of freedom of contract implies that there is no numerus claususin contract law. In practice, contracts are found that are not easily categorised under a specific type of contract. Further, a contract may combine elements from several specific contract types, without any one of the elements dominating. Even though contract practice “gravitates” towards well-established types of contracts, experience shows that varieties are found, sometimes with common traits stable over time, justifying the introduction of a new category. Also, some of the criteria used to categorise different types of contracts may raise doubts in the concrete case. It is, for example, not possible to express simple and unambiguous criteria to distinguish between movable and immovable property.1 Mixed contracts are generally dealt with in II. – 1:109 (Mixed contracts).

Abstract The United Nations Convention on Contracts for the International Sale of Goods This book analyzes and compares the substantive law of the United Nations Convention on Contracts for the International Sale of Goods (“Convention” or “CISG”) with the Sales provisions of Article Two of the Uniform Commercial Code (“Code”) and the UNIDROIT Principles on International Commercial Contracts (“Principles”). The text follows the structure of the Convention. An appendix is included to enable readers to cross-reference the relevant provisions of the Convention with the Principles and the Code. Unlike the Uniform Commercial Code and the Principles, the Articles of the Convention do not have titles. To avoid creating unnecessary confusion and misunderstanding, I have not attempted to create titles for the Articles.

The first part of this book covers the liability of a seller of goods for misrepresentations and for breaches of the express and implied terms of a contract of sale. Reference is also made to certain analogous transactions such as contracts for the hire-purchase or hire of goods and contracts for work and materials.

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. Non-compliance results in a document being void as a contract for sale of land, but a valid contract may be obtained through use of collateral contracts or rectification. The Law Commission had envisaged the use of estoppel in appropriate cases in which formality requirements for a contract for sale were not complied with. The fundamental objective of the Land Registration Act 2002 (LRA 2002) is directly associated with the introduction of e-conveyancing. The goal of attaining e-conveyancing has not been deserted, but its introduction appears just as far away now as it did when the LRA 2002 passed into law.

During recent decades, mobility of people and capital has increased dramatically, for reasons both political and technological. Common markets, open borders, air traffic, and the Internet have made it faster and less expensive to change places—and jurisdictions. As a result, law itself has increasingly become a good that is subject to the market mechanism. Not only is it easier to move; people are also given more and more opportunities to choose which legal rules shall apply to their company, their contract, their marriage, or their insolvency proceedings. States grant these opportunities, and they respond to them by competing with their legal products and services against other suppliers for the favour of demanders. This chapter introduces the term ‘regulatory competition’ and lays out the contours of the book as a whole as well as the contents of its individual chapters.

Scholarly book publishing and printing has a long tradition, starting with Oxford University Press (1478) and Cambridge University Press (1584). The American colonies, and later the United States, lived in the shadow of these two great presses. While many of the US presses today are quite large, with global operations, they were, in the late 19th century and the early years of the 20th century, far from the professional operations of today. This chapter gives an introduction to book history in the United Kingdom and the United States with an emphasis on university presses and competition from commercial publishers for authors, readers, and sales. It provides a review of substantive market drivers, revenues, new title output, and production costs. A sample book contract and profit and loss statement (for a hardcover and digital book) are presented and analyzed.

Abstract The purpose of this book is to discuss the regime of damages available under the CISG. It is important to understand that the remedy of fundamental breach or avoidance of contract is an additional or perhaps unique remedy available to the aggrieved party. This chapter offers an explanation of the basic aspects of avoidance and hence fundamental breach and points to the connection whereby the principles link in with the remedy of damages. In brief, the CISG offers two different approaches to a breach of contract. If the breach is “minor,” the aggrieved party simply concludes the contract and asks for damages. If the breach is “major”—that is, if the party is deprived entirely of what he expected under the contract—the contract can be avoided, or terminated, and remedies for breach of contract can be sought.

Abstract The importance of Conditions of Sale in the conduct of an auction cannot be overestimated. Conditions of Sale form the flesh on the bones of the law of auctions. Their primary purpose, traditionally, has been to govern the relationship between the seller (and his agent, the auctioneer) on the one hand and the successful buyer on the other. It is this relationship, imposed primarily by the law of contract and of sale of goods (in cases other than land) between the seller and the buyer that needs particularly careful exploration. Modern Conditions of Sale very often include conditions particularly appropriate to the relationship between the auctioneer and the seller as well. The contractual effect of these is reached by a different route. They form part of an ordinary business contract, between the seller and the auctioneer as his agent, made well before the auction. The contractual stipulations, if binding, will confirm or modify the position of the seller as it would have been according to ordinary principles of the law of agency and contract explored earlier in this book. Whilst conditions affecting sellers must dovetail with those affecting buyers, the two sets of rules must be kept separate to avoid confusion.

Abstract This book would not be complete without an examination of the UNIDROIT Principles in general, and specifically in the light of determining and resolving a claim for damages in a failed contract.