The Performance Of Law

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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

Law As Performance

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Author : Julie Stone Peters
language : en
Publisher: Oxford University Press
Release Date : 2022-04-14

Law As Performance written by Julie Stone Peters 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 2022-04-14 with Literary Criticism categories.

Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.

Chinese Contract Law

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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26

Chinese Contract Law written by Larry A. DiMatteo 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 2017-10-26 with Law categories.

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Specific Performance In Contract Law

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Author : J. M. Smits
language : en
Publisher:
Release Date : 2008

Specific Performance In Contract Law written by J. M. Smits and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Contracts categories.

Introduction / Daniel Haas, Geerte Hesen, Jan Smits -- Specific performance in Dutch law / Daniel Haas, Chris Jansen -- Specific performance in Belgian law / Patrick Wéry -- Specirif performance, a German perspective / Florian Faust, Wolker Wiese -- Specific implement in Scots law / Laura Masgregor -- Contractual derogation and the discretion to refuse an order for specific performance in South Africa / Gerhard Lubbe -- Specific performance in English consumer sales law / Vanessa Mak -- Certain aspects of the right of repair and replacement under EC directive 1999/44 and its implementation in Poland / Aneta Wiewiórwska-Domagalska -- Specific performance within the heirarchy of remedies in European contract law / Viola Heutger, Janwillem Oosterhuis -- Specific performance : procedural aspects in Dutch law / Anthonie W. Jongbloed -- Specific performance in summary proceedings : state of affairs according to Belgian law / Elke Swaenepoel -- The redress of a terminated contract in Belgian law / Flavie Vermander -- Enforcement of the duty to carry on negotiations :(should it be) a possibility in Europe or not? / Carlos Bollen -- Enforcement of side-letters . F. Willem Grosheide -- Specific performance : a historical perspective / Harry Dondort -- Is the system of contract remedied in the Netherlands efficient from a law and economics perspective? / Geerte Hesen, Robert Hardy -- Do economic analysis and fairness influence the right to performancs in ways contrary to one another? / Gerard de Vries.

Legal Strategies

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Author : Antoine Masson
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-12-12

Legal Strategies written by Antoine Masson 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 2009-12-12 with Law categories.

Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm’s business and economic agendas.

The Performance Of Law

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Author : Randy Gordon
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-19

The Performance Of Law written by Randy Gordon and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-19 with Law categories.

This book considers how law is always enacted, or performed, in ways that can be analyzed in relation to fiction, theatre, and other dramatic forms. Of necessity, lawyers and judges need to devise techniques to make rules respond situationally. The performance of law supplements, or it extends the reach of, the law-as-written. And, in this respect, the act of lawyering is in many ways an instantiation of acts often associated with, for example, literature and the plastic and performing arts. Combining legal theory and legal practice, this book maintains that the modes of enquiry found in, and applied to, novels, paintings, and plays can help us understand how things like legal arguments and trials work—or don’t. As such, and through the examination of a wide range of both historical and fictional legal cases, the book pursues an interdisciplinary analysis of how law is performed; and, moreover, how legal performances can be accomplished ethically. This book will appeal to scholars and students in sociolegal studies, legal theory, and jurisprudence, as well as those teaching and training in legal practice.

The Performance Of Africa S International Courts

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Author : James Thuo Gathii
language : en
Publisher:
Release Date : 2020

The Performance Of Africa S International Courts written by James Thuo Gathii and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.

A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case-loads: and in the range and importance of the issues they are called upon to address. These factors reflect a new stage in the delivery of international justice. The International Courts and Tribunal series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including their institutional, substantive, and procedural aspects. Book jacket.

Force Majeure And Hardship Under General Contract Principles

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Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

Force Majeure And Hardship Under General Contract Principles written by Christoph Brunner 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 2009-01-01 with Law categories.

Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

Applied Critical Thinking Legal Analysis

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Author : Brett Brosseit
language : en
Publisher:
Release Date : 2017

Applied Critical Thinking Legal Analysis written by Brett Brosseit and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Critical thinking categories.

To view a sample of the Case File, Assessments, and Materials ("CAM") Supplement, click here. The full 302-page supplement, along with a Dropbox folder of working spreadsheets and other classroom materials, is available to professors upon adoption of this book. ACTLA is a comprehensive research-based curriculum designed to optimize students' legal learning and problem-solving skills for improved educational outcomes. Consisting of a student text, a supplement containing all required case files, assessments, and materials, and a teacher's manual, ACTLA provides a turn-key solution that allows any school, regardless of budget or staffing, to leverage limited resources for greater student success. ACTLA is designed for flexibility, and can be delivered as a full course, a series of workshops, or one-on-one study to best suit the unique needs of any institution or student population. If desired, ACTLA can easily be integrated into any doctrinal course. The innovative ACTLA curriculum, backed by nearly a decade of intensive educational research, development, delivery, and assessment, directly addresses the most pressing learning needs of today's students. ACTLA helps students strengthen their skills in critical reading, writing, and analytical thinking, while building the habits of mind associated with top success in the study and practice of law. Students in ACTLA internalize a reliable, systematic approach to legal learning and problem-solving while working through three progressively sophisticated levels of legal problems, assessing their progress, and refining their approach each step of the way. The problem-based curriculum includes an arsenal of research-based tools and strategies to strengthen key legal learning skills, including critical reading, rule formation, synthesis, analysis, exam-taking, self-assessment, and self-regulation. ACTLA emphasizes formative assessment and includes specialized tools to measure learning outcomes, which may assist law schools in complying with the ABA pedagogy mandate.

Regulating Public Utility Performance

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Author : Scott Hempling
language : en
Publisher:
Release Date : 2021

Regulating Public Utility Performance written by Scott Hempling and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Public utilities categories.

"Present the fundamentals of public utility law"--