Contractual Limitations
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Contractual Limitations
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Author : Charles Andrew Ray
language : en
Publisher:
Release Date : 1892
Contractual Limitations written by Charles Andrew Ray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Antitrust law categories.
Contractual Limitations
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Author : Charles Andrew Ray
language : en
Publisher: Forgotten Books
Release Date : 2017-01-11
Contractual Limitations written by Charles Andrew Ray and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-11 with Law categories.
Excerpt from Contractual Limitations: Including Trade Strikes and Conspiracies, and Corporate Trusts and Combinations While the law recognizes that commercial prosperity requires that every one of full age and reasonable discretion should have almost unlimited freedom in entering into contracts, and that all engagements thus freely and fairly entered into should be held sacred and enforceable in law, and all equitable rights growing out of such engagements should be given full effect; yet there are limitations upon this right to contract which the security of society and the protection of individual rights render it imperative that the law making power should impose, and that courts should render effective. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Copyright Limitations And Contracts An Analysis Of The Contractual Overridability Of Limitations On Copyright
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Author : Lucie Guibault
language : en
Publisher: Springer
Release Date : 2002-02-19
Copyright Limitations And Contracts An Analysis Of The Contractual Overridability Of Limitations On Copyright written by Lucie Guibault and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-19 with Law categories.
This book explores this conflict, focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure. It explains the rationale for these limitations and questions the legality of overriding them by contractual means. The author finds a complex array of factors clouding the emergence of coherent rules in the matter and points out that the United States' Uniform Computer Information Transactions Act (UCITA) leaves this issue essentially unresolved. Among the author's insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) to exercise absolute control over copyrighted material, even under circumstances of global mass distribution.
The Limits Of Freedom Of Contract
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Author : Michael J. Trebilcock
language : en
Publisher: Harvard University Press
Release Date : 1997-03-25
The Limits Of Freedom Of Contract written by Michael J. Trebilcock and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-25 with Law categories.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge.
Contractual Limitations Includ
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Author : Charles a. (Charles Andrew) B. 182 Ray
language : en
Publisher:
Release Date : 2016-09-10
Contractual Limitations Includ written by Charles a. (Charles Andrew) B. 182 Ray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-10 with History categories.
Knock For Knock Indemnities And The Law
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Author : Kristoffer Svendsen
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-15
Knock For Knock Indemnities And The Law written by Kristoffer Svendsen and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-15 with Law categories.
This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. In using such clauses, the parties agree that for certain forms of potential liability – typically property damage, personal injury to employees, and sometimes other heads of claim such as consequential loss – any loss arising will be absorbed by the party who suffers it: "you look after your losses, I’ll look after mine." It is an apparently simple, pragmatic and neat solution to the question of who bears liability: a risk allocation model so straightforward that it was described by one experienced English judge, Honorable Mr. Justice Morison, as "crude". A specialist contributor team of international experts, examine the origin, application and effect of these clauses in important jurisdictions, their impact in different industries such as oil & gas, shipping, construction and insurance, through the lenses of both economic and legal analyses. The book is of use for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way. It is also of interest to students, academics, and policy makers.
The Limits Of Freedom Of Contract
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Author : M. J. Trebilcock
language : en
Publisher:
Release Date : 1988
The Limits Of Freedom Of Contract written by M. J. Trebilcock and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Contracts categories.
Warranties And Disclaimers Limitations Of Liability In Consumer Related Transactions
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Author : Martin Kurer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-06-13
Warranties And Disclaimers Limitations Of Liability In Consumer Related Transactions written by Martin Kurer 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 2002-06-13 with Law categories.
As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers? These were the fundamental questions addressed by a well-attended seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar--jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel)--consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations. This wealth of material has been compiled and reproduced in this remarkably useful book. Business lawyers will find its insights immensely valuable, whether they are drafting contracts or dealing with potential or actual liabilities virtually anywhere in the world.
An Exploration Of The Limits Of Freedom Of Contract
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Author : Michael J. Trebilcock
language : en
Publisher:
Release Date : 1990
An Exploration Of The Limits Of Freedom Of Contract written by Michael J. Trebilcock and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Contracts categories.
The Three And A Half Minute Transaction
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Author : Mitu Gulati
language : en
Publisher: University of Chicago Press
Release Date : 2013
The Three And A Half Minute Transaction written by Mitu Gulati and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
"Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.
