Standard Terms In Contracts
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Standard Contract Terms In Europe
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Author : Hugh Collins
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Standard Contract Terms In Europe written by Hugh Collins 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 2008-01-01 with Law categories.
Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
Contents Of Contracts And Unfair Terms
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-11-30
Contents Of Contracts And Unfair Terms written by Mindy Chen-Wishart and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-30 with Law categories.
The Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This third volume deals with the contents of contracts and unfair terms.
General Clauses And Standards In European Contract Law
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Author : Stefan Grundmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
General Clauses And Standards In European Contract Law written by Stefan Grundmann 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 2006-01-01 with Law categories.
General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
Commercial Contracts
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Author : Richard Lawson
language : en
Publisher: A&C Black
Release Date : 2011-01-01
Commercial Contracts written by Richard Lawson and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Commercial Contracts: A Practical Guide to Standard Terms is an invaluable guide to the practical aspects of drafting and interpreting commercial contracts. It provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: key common clauses; when to use standard terms; procedures and good practice; termination of contracts; remedies for breach; and the specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on business-to-business and business-to-consumer agreements, providing users with an excellent tool for drafting commercial contracts. Includes important new case law on: - how to incorporate terms into a contract - how an exclusion clause must be drafted to have full effect - the terms as to quality implied into contracts by the Sale of Goods Act 1979 - what constitute reasonable and fair terms under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. There is also an account of the new rights to cancel contracts introduced by the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 Includes detailed coverage of the changes made in the area of hire purchase and conditional sale agreements by the Consumer Credit Act 2006 and the important changes to be introduced in this area under EU law from 1 February 2011.
Commercial Contracts A Practical Guide To Standard Terms
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Author : Saleem Sheikh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-15
Commercial Contracts A Practical Guide To Standard Terms written by Saleem Sheikh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-15 with Law categories.
Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents
International Trade Terms Standard Terms For Contracts For The International Sale Of Goods
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Author : A. Hermann
language : en
Publisher: Springer
Release Date : 1993-10-25
International Trade Terms Standard Terms For Contracts For The International Sale Of Goods written by A. Hermann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-10-25 with Law categories.
Tolley S Commercial Contracts
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Author : R. G. Lawson
language : en
Publisher:
Release Date : 2002
Tolley S Commercial Contracts written by R. G. Lawson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Commercial law categories.
This book is an invaluable guide to the practical aspects of drafting and interpreting commercial contracts. It provides a useful background and detailed advice on the law surrounding a wide range of commercial agreements including: key common clauses; when to use standard terms; procedures and good practice; termination of contracts; remedies for breach; and the specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on business-to-business and business-to-consumer agreements, providing users with an excellent tool for drafting commercial contracts. Commercial Contracts: A Practical Guide to Standard Terms will ensure that your business, commercial contracts will remain effective in light of the changes to domestic and European legislation.
Standard Terms In Contracts
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Author :
language : en
Publisher:
Release Date : 1979
Standard Terms In Contracts written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Adhesion contracts categories.
Contract Ii
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Author : Research Group on the Existing EC Private Law
language : en
Publisher: sellier. european law publ.
Release Date : 2009
Contract Ii written by Research Group on the Existing EC Private Law and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Aftaleret categories.
The Acquis Group - also known as the European Research Group on Existing EC Private Law - pursues the objective of presenting, in a restated form known as the Acquis Principles (ACQP), the large and sometimes incoherent patchwork of existing EC private law. These Principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps in the Acquis. The Acquis Principles include: general rules formulated on the basis of existing EC law; an accompanying commentary, outlining the foundations in the Acquis; and definitions of core legal terms and a glossary on terminology. This present volume is the second of a series. The book combines a revision of the parts of the ACQP published in the first volume - Contract I - with many new rules on remedies for non-performance, as well as certain specific situations or contracts, such as delivery of goods, package travel, and payment services.
Commercial Contracts
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Author : C. P. Thorpe
language : en
Publisher: Kogan Page Publishers
Release Date : 1999
Commercial Contracts written by C. P. Thorpe and has been published by Kogan Page Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Commercial documents categories.
The law of contract is the legal framework within which all business activity is conducted. It is vital for those in business to understand its basic principles and their commercial implications. Many businesses, however, evidently still believe that in the absence of a signed document no contract can exist, and may routinely sign documents that contain small print.Commercial Contracts provides an accessible guide to the basic principles of contract law and places them clearly and concisely in their commercial context. Using real examples, two practicing lawyers introduce English contract law, assuming no prior knowledge of the subject. They highlight areas where practical problems arise and examine possible solutions, with the aim of showing not only how to recognize these problems but how to deal with them in practice.