Frustration And Supervening Impossibility The Doctrines Of Consideration And Promissary Estoppel
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Frustration And Supervening Impossibility The Doctrines Of Consideration And Promissary Estoppel
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Author : Jenny Walther
language : en
Publisher: GRIN Verlag
Release Date : 2005-04-24
Frustration And Supervening Impossibility The Doctrines Of Consideration And Promissary Estoppel written by Jenny Walther and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-24 with Business & Economics categories.
Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.
Contract Law
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press
Release Date : 2018
Contract Law written by Mindy Chen-Wishart and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Contracts categories.
This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.
Liquidated Damages And Penalties
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Author :
language : en
Publisher:
Release Date : 1988
Liquidated Damages And Penalties written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Breach of contract categories.
Commercial Remedies Resolving Controversies
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Author : Graham Virgo
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-06
Commercial Remedies Resolving Controversies written by Graham Virgo 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 2018-12-06 with Law categories.
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Contract As Promise
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Author : Charles Fried
language : en
Publisher: Oxford University Press
Release Date : 2015-04-15
Contract As Promise written by Charles Fried and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-15 with Law categories.
Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.
The International Law Of Investment Claims
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Author : Zachary Douglas
language : en
Publisher: Cambridge University Press
Release Date : 2009-06-11
The International Law Of Investment Claims written by Zachary Douglas 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 2009-06-11 with Business & Economics categories.
This book is a codification of the principles and rules relating to the prosecution of investment claims.
Global Claims In Construction
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Author : Ali Haidar
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-20
Global Claims In Construction written by Ali Haidar and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-20 with Technology & Engineering categories.
In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts’ attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.
D G Stout Inc V Bacardi Imports Inc
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Author :
language : en
Publisher:
Release Date : 1990
D G Stout Inc V Bacardi Imports Inc written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with categories.
Introduction To Contract Law Revision Guide
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Author : Johanna Hoekstra
language : en
Publisher: Transnational Press London
Release Date : 2021-12-17
Introduction To Contract Law Revision Guide written by Johanna Hoekstra and has been published by Transnational Press London this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-17 with Law categories.
This book discusses the principles and rules of general contract law in England & Wales. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. In this it follows the structure most used in contract law modules at universities. Please also note that this book takes into account developments of the law up until July 2021. Contract law is a core module in legal higher education in the UK. Contract law is also an important basis for many other law modules including maritime law, company law, commercial law, and arbitration law. This book gives a clear oversight of the main issues of key contract law topics. It summarises the issues in a concise and precise manner and uses practical examples throughout to clarify how the law is applied. Key cases are used to explain and illustrate the principles of the law. This book is an ideal companion guide for exam revisions. The chapters follow a question-and-answer model that makes it easy to find information on a specific issue. The chapters end with a problem-solving scenario on key issues of the topic and a list with key cases which will be helpful in preparing for examinations. At the end of the book, you find a further reading list and a set of sample multiple-choice questions which can be used to help prepare for the first stage of the SQE examination that will be introduced in September 2021. “Contract Law is generally taught as a first-year subject which could be a daunting subject. This book helps students to revise this subject effectively as it brings together all key areas of contract law that a student should be familiar with when preparing for examinations, drafting coursework, and preparing for seminars. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. The book is written in plain language in the form of questions and answers. It is detailed without being too long, succinct but covers all key cases and developments in the area. The multiple-choice questions at the end of the book are very beneficial for students preparing for the SQE and exams that follow a similar format. I would recommend this book wholeheartedly.” – Dr Aysem Diker Vanberg, Lecturer in Law, Goldsmiths, University of London CONTENTS: Abbreviations About the author Foreword CHAPTER I Introduction CHAPTER II Offer and Acceptance CHAPTER III Intentions to Create Legal Relations & Certainty CHAPTER IV Consideration & Promissory Estoppel CHAPTER V Rights of Third Parties CHAPTER VI Capacity CHAPTER VII Terms of the Contract CHAPTER VIII Exemption Clauses and Unfair Terms CHAPTER IX Duress and Undue Influence CHAPTER X Misrepresentation CHAPTER XI Mistake CHAPTER XII Frustration CHAPTER XIII Breach of Contract and Remedies SUMMARY: SAMPLE MULTIPLE CHOICE QUESTIONS ANSWERS RECOMMENDED READING LIST INDEX
Boilerplate Clauses International Commercial Contracts And The Applicable Law
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-17
Boilerplate Clauses International Commercial Contracts And The Applicable Law written by Giuditta Cordero-Moss 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 2011-03-17 with Law categories.
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.