Changing Law And Contractual Relations Under Covid 19
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Changing Law And Contractual Relations Under Covid 19
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Author : Yuka Kaneko
language : en
Publisher: Springer Nature
Release Date : 2022-12-22
Changing Law And Contractual Relations Under Covid 19 written by Yuka Kaneko and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-22 with Political Science categories.
COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state’s control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?
Contractual Performance And Covid 19
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Author : Franz Schwarz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-25
Contractual Performance And Covid 19 written by Franz Schwarz and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Law categories.
As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Contract Law In Changing Times
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Author : Normann Witzleb
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30
Contract Law In Changing Times written by Normann Witzleb and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
Covid 19 Force Majeure And Frustration Of Contracts The Essential Guide
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Author : Keith Markham
language : en
Publisher:
Release Date : 2020-07-08
Covid 19 Force Majeure And Frustration Of Contracts The Essential Guide written by Keith Markham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-08 with categories.
This book aims to outline the key provisions, together with a series of practical steps that need to be taken in order to deal with these issues as smoothly as possible.
Fidic Conditions Of Contract For Design Build And Operate Projects
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Author : International Federation of Consulting Engineers
language : en
Publisher:
Release Date : 2008
Fidic Conditions Of Contract For Design Build And Operate Projects written by International Federation of Consulting Engineers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Conditions (Law) categories.
Covid 19 And Public Private Partnerships In Asia And The Pacific
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Author : Asian Development Bank
language : en
Publisher: Asian Development Bank
Release Date : 2021-02-01
Covid 19 And Public Private Partnerships In Asia And The Pacific written by Asian Development Bank and has been published by Asian Development Bank this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-01 with Health & Fitness categories.
The coronavirus disease (COVID-19) is significantly impacting the development and life cycle of public–private partnership (PPP) projects in Asia and the Pacific. This has led to disruptions in trade, production, and supply chains as well as sharp declines in consumption and investment. This guidance note examines the impacts of COVID-19 on PPP projects in region including the implications for contractual arrangements. It presents governance practices that will help mitigate the risks and outlines important considerations for governments in regard to managing PPP projects for a post-pandemic recovery.
Fashion Industry Copes With Covid 19 A Legal Technological And Sociological Reflection
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Author : Marlena Jankowska
language : en
Publisher: Instytut Prawa Gospodarczego Sp. z o.o.
Release Date : 2021-04-26
Fashion Industry Copes With Covid 19 A Legal Technological And Sociological Reflection written by Marlena Jankowska and has been published by Instytut Prawa Gospodarczego Sp. z o.o. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-26 with Business & Economics categories.
The SARS-CoV-2 virus pandemic has halted the global economy and forced its reorganization on many levels. This phenomenon caused a shock, the effects of which will be felt for a long time both on the micro and macro scale. Creative industries, including the fashion and design industries (Textile, Clothing, Leather, and Footwear, TCLF) that are the subject of this publication, are struggling to maintain normal levels of production, employment, financial liquidity. They must additionally confront new challenges in the areas of intellectual property rights and their approach to the e-commerce world. Businesses found themselves faced with an uncertain future and new obstacles, but also with opportunities. These challenges now affect the traditionally fastpaced fashion sector, which has been driven for many years by consumers’ desire for ever more design and by the industry’s own thirst for profit. In the Polish perspective, it should also be borne in mind that, according to the report of PKO Bank Polski in 2019, the clothing industry in Poland showed an upward trend, ranking the country in 8th place in Europe by size of the clothing sector in 2017. As for the entrepreneurs making clothing, in 2017 there were 12,700 of them, placing Poland third in Europe. Finally, for employment, in the same year in Poland, 85,000 were employed in the clothing sector, which was the 5th place in the European ranking. These statistics clearly demonstrate why this sector requires closer analysis in these changed times, including a refreshed SWOT analysis taking account of the new reality. Given this situation, the Center for Design, Fashion and Advertising Law of the University of Silesia initiated research to determine how the clothing sector in Poland is coping and how the legal environment interacts with the Covid challenges. Thanks to a joint effort of scientists and legal practitioners, this publication was created consisting of 39 chapters grouped into the following 12 parts: Social and legal context, International and regulatory context, Product safety, Contracts, Copyright law, Design law and trademark law, Technology law, Unfair competition law, Labour law, Fine arts market, Sustainable Development, E-commerce. The editors would like to thank all of the authors for their efforts examining the development trends in the TCLF sector and for contributing the immeasurable amounts of energy and understanding that allowed us to complete this project. This book is the result of the authors’ significant commitment. Editors would like to give special thanks to Śląski Holding Przemysłowy that shared the company’s expertise about their two large industrial production plants employing over 500 employees, which kept working in a continuous operation system, without a single case of infection by COVID-19. We are grateful to the institutions that undertook honorary patronage of our initiative. Words of thanks go also to the strategic, content and media partners. The premiere of the publication will take place in conjunction with a music premiere, details of which can be found on the cover.
Covid 19 And International Business And Economic Law
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Author : Kun Fan
language : en
Publisher:
Release Date : 2023
Covid 19 And International Business And Economic Law written by Kun Fan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with COVID-19 Pandemic, 2020- categories.
Covid 19 And Insurance
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Author : María Luisa Muñoz Paredes
language : en
Publisher: Springer Nature
Release Date : 2023-01-10
Covid 19 And Insurance written by María Luisa Muñoz Paredes and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-10 with Law categories.
This book offers a novel study on the impact of the Covid-19 pandemic on insurance from an international and comparative perspective. It assesses how insurance has to adapt to a new landscape, the effects of which will last over time and cut across all areas of the field. To avoid physical contact, digitalisation has accelerated dramatically, affecting insurance in all its phases: risk selection, underwriting, pricing and claims settlement. However, the effects of the Covid-19 pandemic go far beyond that. The extent to which a claim caused directly or indirectly by the virus is or is not covered by a given policy has been the subject of debate in many insurance branches. The most litigated cases worldwide are those that concern damages resulting from business interruption due to restrictions enforced by the authorities in virtually every country. This book analyses the rulings (for and against the insured) that have already been handed down by courts in various jurisdictions (for example in the US, Latin America, Spain and Germany), in order to provide guidance to the parties in future lawsuits and also to guide the courts’ own responses. This analysis extends to the measures that governments have taken in relation to insurance during the pandemic, as well as the changes that insurers have introduced in their general conditions to exclude coverage for the pandemic. This response is unsatisfactory, as the big question is how pandemic-related risks can be covered if private insurers simply refuse to do so. Solutions based on risk sharing with public entities or the use of contractual modalities such as parametric insurance are among those outlined by the authors. The book was written by experts from academia and lawyers specialising in this field, and written for all those interested in the field of insurance: lawyers, judges, academics and legal professionals.
Consumer Law And Policy
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Author : Iain Ramsay
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-10-25
Consumer Law And Policy written by Iain Ramsay and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-25 with Law categories.
This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.