Failure Of Contracts
DOWNLOAD
Download Failure Of Contracts PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Failure Of Contracts book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Failure Of Contracts
DOWNLOAD
Author : Francis Rose
language : en
Publisher: Hart Publishing
Release Date : 1997-07-19
Failure Of Contracts written by Francis Rose and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-19 with Law categories.
Essays on the consequences of contractual failure by leading commercial lawyers from the common law world.
Failure Of It Employment Contracts
DOWNLOAD
Author : Choon Teck Cher
language : en
Publisher:
Release Date : 1996
Failure Of It Employment Contracts written by Choon Teck Cher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.
Impossibility Of Performance
DOWNLOAD
Author : Roy Granville McElroy
language : en
Publisher:
Release Date : 1941
Impossibility Of Performance written by Roy Granville McElroy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Contracts categories.
The Failure Of Economic Interpretations Of The Law Of Contract Damages
DOWNLOAD
Author : Nathan B. Oman
language : en
Publisher:
Release Date : 2008
The Failure Of Economic Interpretations Of The Law Of Contract Damages written by Nathan B. Oman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory of contract law. Contractual liability - like virtually all civil liability - is structured around the concept of bilateralism, meaning that damages are always paid by defeated defendants to victorious plaintiffs. Ultimately, economic accounts of this basic feature are unpersuasive. This criticism, however, leaves untouched many of the key economic insights into the doctrine of contract damages. The limited failure of economic interpretations points toward a principled accommodation of both autonomy and efficiency in a single vision of contract law where notions of autonomy provide the basic structure and economics fills in most of the doctrinal detail.
Rescission Of Contracts
DOWNLOAD
Author : Charles Bruce Morison
language : en
Publisher:
Release Date : 1916
Rescission Of Contracts written by Charles Bruce Morison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1916 with Rescission (Law) categories.
Termination Of Construction And Design Contracts
DOWNLOAD
Author : Michael T. Callahan
language : en
Publisher: Wolters Kluwer
Release Date : 2009-01-01
Termination Of Construction And Design Contracts written by Michael T. Callahan and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand’s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand’ respected Construction Red Book Series, youand’ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and—and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand’s, ownerand’s, and designerand’s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties
Unjust Enrichment And Contract
DOWNLOAD
Author : Tariq Baloch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-12
Unjust Enrichment And Contract written by Tariq Baloch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-12 with Law categories.
This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)
The Insurance Is The Lemon
DOWNLOAD
Author : Barney Hartman-Glaser
language : en
Publisher:
Release Date : 2019
The Insurance Is The Lemon written by Barney Hartman-Glaser and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
We model the widespread failure of contracts to share risk using available indices. A borrower and lender can share risk by conditioning repayments on an index. The lender has private information about the ability of this index to measure the true state that the borrower would like to hedge. The lender is risk averse and thus requires a premium to insure the borrower. The borrower, however, might be paying something for nothing if the index is a poor measure of the true state. We provide sufficient conditions for this effect to cause the borrower to choose a non-indexed contract instead.
Success And Failure Of Future Contracts
DOWNLOAD
Author : Deborah G. Black
language : en
Publisher:
Release Date : 1985
Success And Failure Of Future Contracts written by Deborah G. Black and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Commodity exchanges categories.
Restitution In Cases Of Failure Of Performance Of Contracts And Misrepresentation
DOWNLOAD
Author : Barry Clive Crown
language : en
Publisher:
Release Date : 1980
Restitution In Cases Of Failure Of Performance Of Contracts And Misrepresentation written by Barry Clive Crown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Fraud categories.
