Vitiation Of Contractual Consent
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Vitiation Of Contractual Consent
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Author : Peter MacDonald Eggers
language : en
Publisher: Taylor & Francis
Release Date : 2016-09-13
Vitiation Of Contractual Consent written by Peter MacDonald Eggers and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-13 with Law categories.
The validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.
Vitiation Of Contracts
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Author : Gareth Spark
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-03
Vitiation Of Contracts written by Gareth Spark 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 2013-01-03 with Law categories.
Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.
Card James Business Law For Business Accounting Finance Students
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Author : Lee Roach
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-04-19
Card James Business Law For Business Accounting Finance Students written by Lee Roach 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 2012-04-19 with Business & Economics categories.
With faultless accuracy, this text is the most detailed and analytical account of law for those new to the subject. It provides commanding analysis of the English legal system, contract law, the law of torts, company law, and employment law, as well as covering relevant aspects of the law of agency and environmental law. Online chapters provide further discussion relating to the economic torts, corporate governance, the sale of goods, consumer credit, and the law relating to unfair and illegal commercial practices. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features have been incorporated throughout, making this difficult subject more accessible. Key case, examples, and discussion boxes demonstrate the application of law and highlight core principles, while self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and updates to the law via Twitter. This new edition also includes a testbank of MCQs for lecturer use.
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.
Arbitration And Contract Law
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Author : Neil Andrews
language : en
Publisher: Springer
Release Date : 2016-04-18
Arbitration And Contract Law written by Neil Andrews and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-18 with Law categories.
This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.
Commercial Agents And The Law
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Author : Séverine Saintier
language : en
Publisher: Taylor & Francis
Release Date : 2017-09-25
Commercial Agents And The Law written by Séverine Saintier and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-25 with Law categories.
Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.
Contract Law Without Foundations
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Author : Prince Saprai
language : en
Publisher: Oxford University Press
Release Date : 2019-02-28
Contract Law Without Foundations written by Prince Saprai 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 2019-02-28 with Law categories.
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Electronic Contracts 2nd Edition
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Author : S. Blount
language : en
Publisher:
Release Date : 2015-07-28
Electronic Contracts 2nd Edition written by S. Blount and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-28 with Contracts categories.
In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014
Unconscionable Bargains
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Author : Mindy Chen-Wishart
language : en
Publisher:
Release Date : 2014
Unconscionable Bargains written by Mindy Chen-Wishart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The decision of the Court of Appeal in the unconscionable bargain case of Nicols v Jessup [1986] BCL 1573 helps to clarify the approach which New Zealand courts should take on unconscionability cases in light of the Privy Council decision in O'Connor v Hart [1985] 1 NZLR 159.
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.