Contractual Performance And Covid 19
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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
Frustration And Force Majeure
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Author : G. H. Treitel
language : en
Publisher:
Release Date : 1994-01-01
Frustration And Force Majeure written by G. H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Contracts categories.
This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.
The Convention For The International Sale Of Goods
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Author : Daniel Barstow Magraw
language : en
Publisher: American Bar Association
Release Date : 1990
The Convention For The International Sale Of Goods written by Daniel Barstow Magraw and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
New Work Transformational And Virtual Leadership
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Author : Marc Helmold
language : en
Publisher: Springer Nature
Release Date : 2021-01-13
New Work Transformational And Virtual Leadership written by Marc Helmold and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-13 with Business & Economics categories.
The increasing globalization, the battle for talents, and global trends are changing the work patterns in organisations around the globe. Enterprises are working across country and cultural borders alongside complex supply and demand networks. Global incidents such as the financial crisis in 2008 and the recent COVID-19 pandemic have forced global organizations to find innovative ways to continue to connect globally and maintain a competitive advantage. Therefore, innovative enterprises have established global and virtual organisations including members of the value chain on supply and demand side. This book outlines these new work and leadership styles, and agile organisations, which are necessary to work virtually and globally. It provides case studies and experiences from different global organizations in different industries and sectors with a focus on value-adding processes and services.
Balkan Yearbook Of European And International Law 2020
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Author : Zlatan Meškić
language : en
Publisher: Springer Nature
Release Date : 2021-07-05
Balkan Yearbook Of European And International Law 2020 written by Zlatan Meškić and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-05 with Law categories.
The second volume of the Balkan Yearbook of European and International Law (BYEIL) focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG), which was signed 40 years ago. The contributions analyse a broad range of aspects and reflect the latest developments; those in the permanent sections on European Law and International Law explore contemporary challenges in public and private law disciplines, offering fresh new perspectives on established concepts.
Force Majeure And The Law Acts Of God In Comparative And Historical Perspective
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Author : Thomas D. Musgrave
language : en
Publisher: Taylor & Francis
Release Date : 2025-04-08
Force Majeure And The Law Acts Of God In Comparative And Historical Perspective written by Thomas D. Musgrave and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-08 with Law categories.
This book examines how the Roman, French and English legal systems have each dealt with the issue of unforeseen, supervening events which have rendered the performance of contractual obligations either impossible or fundamentally different in nature, sometimes known as Force Majeure or Acts of God. Although the Roman, French and English laws of contract have each developed legal rules which address this issue, the approach adopted by each system is significantly different from that of the others. The thesis of this book is that the response of a legal system to unforeseen, supervening events derives primarily from the nature and structure of that legal system as a whole, and then, within that broader context, from the salient characteristics of that system’s particular law of contract. The work compares the differing nature and structure of the Roman, French and English legal systems, and their respective laws of contract, in order to demonstrate how this is so. The book will be a valuable guide for academics and researchers working in the areas of Comparative Law, Legal History, Legal Theory and Contract Law. As the English approach to unforeseen, supervening events is very different from that of the French, the book will be of benefit both to English and to French practitioners as they seek to understand how supervening events are dealt with across the Channel. It will also appeal to law students as a guide for studying comparative law.
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.
Vanishing Contract Law
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Author : Catherine Mitchell
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-01
Vanishing Contract Law written by Catherine Mitchell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-01 with Law categories.
English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
Global Contract Law In The Middle East And North Africa
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Author : Mohamed Ismail
language : en
Publisher: Taylor & Francis
Release Date : 2024-08-01
Global Contract Law In The Middle East And North Africa written by Mohamed Ismail and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-01 with Law categories.
This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway. The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.