The Unauthorised Agent
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The Unauthorised Agent
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Author : Danny Busch
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-19
The Unauthorised Agent written by Danny Busch 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 2009-02-19 with Law categories.
This book focuses on a highly significant issue in agency law: the legal situation created when an agent acts without authority.
The Unauthorised Agent
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Author : Danny Busch
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-19
The Unauthorised Agent written by Danny Busch 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 2009-02-19 with Law categories.
The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.
The Apparent Authority Of The Unauthorised Agent
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Author : Pey-Woan Lee
language : en
Publisher:
Release Date : 2016
The Apparent Authority Of The Unauthorised Agent written by Pey-Woan Lee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Can an agent who is not authorised to contract for a company nevertheless be clothed with ostensible authority to communicate the principal's approval? Conventional understanding of apparent authority may suggest not, for the representation as to the principal's approval may be no different from the agent's self-authorisation. However, the controversial case of First Energy v Hungarian International Bank Ltd (“First Energy”) has held otherwise. Although the correctness of First Energy has been doubted, it has recently been unequivocally affirmed by the Privy Council in Kelly v Fraser. This note considers how Kelly v Fraser may affect the reception of First Energy in Singapore.
International Contracting
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Author : Larry A. DiMatteo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-05
International Contracting written by Larry A. DiMatteo 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 2021-11-05 with Law categories.
For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University
Commentaries On European Contract Laws
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Author : Nils Jansen
language : en
Publisher: Oxford University Press
Release Date : 2018-07-12
Commentaries On European Contract Laws written by Nils Jansen 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 2018-07-12 with Law categories.
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Agency In Private International Law
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Author : H.L.E. Verhagen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-07-03
Agency In Private International Law written by H.L.E. Verhagen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-03 with Law categories.
The Hague Agency Convention is of great importance for every lawyer involved (or interested) in international business and finance. Its provisions become relevant whenever one is dealing with agency relationships in the broadest sense in an international context. Its scope is not confined to the `traditional' commercial agency relationships between principals and their agents, but extends to many other situations where agency takes place, both directly and indirectly. The rules of the Convention are applied to find the laws governing both the internal and external agency relationships in all areas of international business and finance. The Convention has currently been ratified by four states (the Netherlands, France, Portugal and Argentina), but several countries have enacted legislation inspired by it, for the interpretation of which the Convention may have significance. Moreover, now that it has entered into force (in 1992), it is not unlikely that it will be ratified by more states. Agency in Private International Law presents a detailed analysis of the Convention, with references to the laws of various jurisdictions. References to legal systems other than that of the Netherlands have been checked by local lawyers.
Saudi Business Law In Practice
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Author : Frank E Vogel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-14
Saudi Business Law In Practice written by Frank E Vogel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-14 with Law categories.
In this landmark publication, the world's leading expert in the legal system of Saudi Arabia explains and documents the uncodified principles of contract, tort, and property that frame the business laws of the Kingdom. Drawing on 8,500 newly published court decisions, as well as on statutory law, interviews and a wide range of other material, the book sets out to determine the actual practice of Saudi courts in these spheres, both substantively and as to reasoning and procedure. With unique insights into and understanding of this fascinating jurisdiction, this book simply must be read by all engaged with law or business in the region. Also, given its focus on how certain Islamic legal rules and principles are applied in practice, the book will prove an invaluable resource for scholars of Islamic law past and present.
Constitutional Ratification Without Reason
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Author : Jeffrey A. Lenowitz
language : en
Publisher: Oxford University Press
Release Date : 2022-03-10
Constitutional Ratification Without Reason written by Jeffrey A. Lenowitz 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 2022-03-10 with Law categories.
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
The Principles Of European Contract Law
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Author : Ole Lando
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-29
The Principles Of European Contract Law written by Ole Lando and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-29 with Law categories.
An arbitrator has to decide a case under a contract `to be governed by internationally accepted principles of law'A business person is negotiating a contract with a company in another EU state, but neither party wishes to apply the law of the other party's country A lawyer is advising parties to contracts involving parties in other StatesAn EU official is drafting a new Directive affecting contractsA professor of law wants her students to gain a solid understanding of the way in which contracts are treated by the laws of the different Member States, and to understand the common principlesAll these need to know the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law provides this.The Principles have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organisations. The Principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The articles previously published in Part I (1995) are included in a revised and re-ordered form.
Australian Commercial Law
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Author : Dilan Thampapillai
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-24
Australian Commercial Law written by Dilan Thampapillai 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 2020-06-24 with Law categories.
Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.