Commercial law Books

Book SynopsisScots Commercial Law brings together expertise from academia and practice. Part I puts the subject in context with chapters on Juristic Persons, General Principles of Contract and General Principles of Property. Part II covers the main subject areas covered in commercial law courses

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Book SynopsisSealy and Hooley''s Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors'' expert commentary and questions enliven each topic while emphasizing the practical application of the law in its business context. Five renowned experts in the field continue the legacy of Richard Hooley and Len Sealy, capturing the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksTrade ReviewThis is, without a doubt, the leading cases and materials book in the field. It is also one of the best books from which to teach most commercial law courses. * Professor Catharine MacMillan, King's College London *A virtual one-stop library for a wide range of students and legal professionals interested in cases providing valuable insight into particular issues. Several generations of commercial lawyers owe a huge debt of gratitude to the authors of the work. * Associate Professor Ebenezer Adodo, University of Leicester *This is an excellent 'all-round' text. The inclusion of textbook, case excerpts and other materials makes this a very good 'single' text for students. * Dr Steven Truxal, Reader, The City Law School *Table of Contents1: Introduction 1: An introduction to commercial law 2: Basic concepts of personal property 3: Bailment 2: The Law of Agency 4: Introduction 5: Creation of agency and the authority of the agent 6: Relations with third parties 7: Relations between principal and agent 3: Domestic Sales Law 8: Introduction and definitions 9: Passing of the property in the goods as between seller and buyer 10: Transfer of title 11: Seller's obligations as to quality 12: Performance of the contract 13: Remedies of the seller 14: Remedies of the buyer 4: International Sales 15: International sales 5: Payment Methods 16: Modern payment systems 17: Payment cards 18: Negotiable instruments 19: Bills of exchange 20: Cheques and other instruments 6: The Financing of International Trade 21: The financing of international trade 22: Assignment of choses in action 23: Receivable financing 7: Commercial Credit and Security 24: Introduction 25: Possessory security 26: Non-possessory security 8: Principles of Insurance Law 27: Insurance 9: Insolvency Law 28: Insolvency

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Book SynopsisCommercial Law offers a fresh, modern, and stimulating exploration of this diverse and fascinating area of law. The text provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security.This coverage is enhanced through a range of novel learning features, including examples, definitions, and diagrams, that encourage understanding and demonstrate how the principles behind the law are applied in practical transactions.Key Features- Practical, fictional case studies throughout the book demonstrate the types of legal issues and problems that the law is intended to regulate, helping students to understand the context and practical application of the law- Regular key case and legislation boxes highlight the most important cases and help students understand which statutory provisions are of fundamental importance- Each chapter provides annotated further reading lists that enable students to more fully explore and discuss each chapter topic- Each chapter closes with a problem question and an exam-style essay question (with answer guidance available online), giving students the opportunity to test their knowledge and providing a starting point for classroom discussion- A wealth of online resources accompany the book, further supporting and enhancing learning, including: self-test questions, answer guidance to the questions in the book, and flashcards for key terminologyNew to this Edition- Updated coverage of the consequences of the UK''s withdrawal from the EU- Coverage of the Electronic Trade Documents Act 2023 and the Digital Markets, Competition and Consumers Act 2024- Coverage of new case law, including Barton v Morris [2023] (reasonable price under a contract and unjust enrichment), Fimbank v KCH Shipping [2023] (mis-delivery under the Hague Visby Rules), Philipp v Barclays Bank UK plc [2024] (authority of an agent), and Sharp Corporation Ltd v Vittera BV [2024] (damages for non-acceptance of the goods)Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with self-test questions, further reading, functionality tools, navigation features and links that offer extra learning support. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks

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Book SynopsisBusiness Law in Scotland is specifically designed to make the law accessible to non-law students. Created to closely reflect the ICAS syllabus, this is a unique text, covering the core areas of Scots law relevant to those in business. This 4th edition has been fully updated throughout.

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Book SynopsisThis book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of ‘Sharia’ in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.Trade ReviewIndian Private International Law certainly contains the currently leading reference to Indian private international law in English. -- Matthias Weller * Conflictoflaws.net *This book is of immense significance because it provides comparative examples of PIL from developed and developing countries. -- Abhishek Trivedi * Asian Journal of International Law *Table of ContentsPART I GENERAL PRINCIPLES 1. Introduction 2. Basic Concepts and Status of Private International Law in India I. Introduction II. Overview of Indian Legal Framework III. Conceptual Foundations of Private International Law IV. Genesis of Private International Law in India V. Operationalisation of Private International Law: Classic Concepts VI. Conclusion 3. Domicile, Nationality, and Residence I. Introduction II. Domicile III. Nationality and Residence IV. Ascertaining Domicile under Indian Private International Law Rules V. Conclusion 4. Proving, Pleading, and Excluding the Foreign Laws I. Introduction II. Substantive and Procedural Law III. Pleading Foreign Law IV. Exclusion of Foreign Law V. Overriding Mandatory Norms and Public Policy (Ordre Public) VI. Conclusion PART II JURISDICTION 5. Jurisdiction: Which Court will Adjudicate a Matter? I. Introduction II. Persons who may File a Suit before an Indian Court III. Jurisdiction in personam IV. Jurisdiction in Actions in rem V. Reflections on Indian Law: Some Insights based on Global Trends VI. Conclusion 5 PART III FAMILY LAW 6. Private International Law Practice in Marriage I. Introduction II. Indian Legislative Framework on Marriage and its Religious Base III. Same-Sex Marriage: Legal Analysis of Private International Law Principles IV. Hague Conference on Private International Law and Matrimonial Conventions V. Conclusion 7. Private International Practice in Divorce and Related Matters I. Introduction II. Conflict of Laws Issues in Divorce III. Recognition of Foreign Divorce in India IV. Ancillary Financial Orders and Nullity of Marriage V. Annulment and Nullity of Marriages VI. Conclusion 8. Private International Law Practice and Children: Issues of Custody and Abduction I. Introduction II. Jurisprudence on the Well-Being of the Child: An Interplay of Public and Private International Law III. Indian Legal Framework Relating to Intercountry Child Abduction IV. Recognition of Foreign Custody Orders V. Conclusion 9. Cross-Border Surrogacy and Private International Law I. Introduction II. Private International Law Issues in Cross Border Surrogacy III. Legal Status of Commercial Surrogacy in India IV. Judicial Statements on Surrogacy: Public Policy Narratives V. Legal Initiatives for Harmonisation and India’s Role VI. Conclusion PART IV LAW OF OBLIGATIONS 10. The Applicable Law in Contractual Obligations I. Introduction II. Identification of the Applicable Law in Contractual Obligations in India III. Scope of the Proper Law of the Contract IV. Reflections on Indian Law: Some Insights based on Global Trends V. Conclusion 11. The Applicable Law in Non-Contractual Obligations I. Introduction II. Identification of Applicable Law in Non-Contractual Obligations in India III. Reflections on Indian Law: Some Insights Based on Global Trends IV. Conclusion PART V RECOGNITION AND ENFORCEMENT 12. The Recognition and Enforcement of Foreign Judgments I. Introduction II. The Recognition and Enforcement of Foreign Judgments III. Determining Eligibility of a Foreign Judgment IV. The Disqualification of a Foreign Judgment from Recognition or Enforcement V. Reflections on Indian Law: Some Insights Based on Global Trends VI. Conclusion 13. The Recognition and Enforcement of Foreign Arbitral Awards I. Introduction II. The Law on the Recognition and Enforcement of Foreign Arbitral Awards III. The Execution of Foreign Arbitral Awards in India IV. Disqualification of a Foreign Arbitral Award from Recognition or Enforcement in India V. Conclusion PART VI FINAL REMARKS 14. Looking Forward

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Book SynopsisThis handbook explores the FAC-1 Framework Alliance Contract as a multi-party umbrella that connects the team members engaged on any project or programme of works, services or supplies. It explains the FAC-1 processes for planning, joint working, contract award, performance review, problem-solving and shared learning, and it illustrates how FAC-1 helps to attract investment, motivate innovation, improve value, manage risks and achieve net zero carbon targets. FAC-1 has been adopted on procurements worth more than £100 billion in the UK and in other jurisdictions, and this handbook explains what is different about FAC-1, how it is used in practice, and how it works clause by clause. With 30 case studies and 46 practice notes, the handbook provides an introduction for those who are new to FAC-1, a refresher for current users, and practical tips for teams engaged on any FAC-1 project or programme of works, services or supplies in any sector. This handbook is designed for use by framework providers, clients, designers, managers, contractors, specialists, operators and legal advisers. It includes the features of FAC-1 as a ‘Gold Standard’ framework contract recommended by the UK government, and it explains how it can improve the efficiency of digital information management. It also provides templates, diagrams and checklists that show how to complete FAC-1, how to use it alongside FIDIC, JCT, NEC, PPC and TAC contract forms, and how to bring its relationships and processes to life.Trade Review“An essential travelling companion for those in the FAC-1 team, with Professor Mosey as your expert tour guide.”— Julian Bailey, partner at Jones Day and author of Construction Law (3rd edition); “Collaboration is core to Constructing Excellence and is fundamental to enabling successful project delivery. Collaborative contracts such as FAC-1 are crucial for setting projects up for success, enabling all parties to work together to achieve better outcomes. This handbook provides excellent guidance to support the effective use of FAC-1.”— Alison Nicholl, head of Constructing Excellence; “FAC-1 is a truly transformative contract that delivers up new relationships throughout the supply chain, whilst introducing shared systems and an effective approach to risk. This FAC-1 handbook enables all parties to a project or programme of works to understand their roles and responsibilities in creating an alliance capable of delivering safe, quality and value for money project outcomes.”— Rebecca Rees, partner at Trowers & Hamlins; “Professor David Mosey’s new handbook on FAC-1 Alliance Contracting will, I believe, be an essential catalyst in helping clients and industry supply chains actively work together to deliver the new ways of working that are required to unlock the vision of a social and productivity revolution that our industry needs.”— Terry Stocks MBE FICE, director at Faithful+Gould; “This handbook should become the best friend of everyone, in every sector of the construction industry, who wants to make a real difference. It explains in detail how to get the best out of FAC-1 using modern procurement practices and true collaboration, carefully demonstrating the contract’s very flexible approach along the way. David’s unique experience – ably supported by great case studies – helps bring all of this to life.”— John P. Welch FRICS, Deputy Director of Construction, Crown Commercial Service.

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Book SynopsisThe authors argue that corporate law’s rules and practices mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides necessary rules and an invaluable enforcement mechanism.Trade ReviewTruly first-rate...Arguably the most important--and most readable--corporate law book ever. A classic...Certain to change the way corporate law is taught, understood, and possibly even made. -- Robert M. Daines and Jon Hanson * Yale Law Journal *An important and provocative contribution to the law and economics literature...Scholars in the field should hold a place for it on their shelves. -- Christopher Grandy * Journal of Economic Literature *This may be the best book ever written about corporate law. * University of Chicago Law Review *Table of Contents* The Corporate Contract * Limited Liability * Voting * The Fiduciary Principle, the Business Judgment Rule, and the Derivative Suit * Corporate Control Transactions * The Appraisal Remedy * Tender Offers * The Incorporation Debate and State Antitakeover Statutes * Close Corporations * Trading on Inside Information * Mandatory Disclosure * Optimal Damages * Acknowledgments * Case Index * Author Index * General Index

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Book SynopsisEwan MacIntyre has recently retired after 25 years as a Senior Lecturer in Law at Nottingham Law School and has extensive experience in teaching business law. He is also the author of the successful textbook, Business Law (Pearson).Table of ContentsPreface Table of cases Table of statutes Table of statutory instruments Table of European legislation Study skills The legal system Making a contract The terms of the contract Misrepresentation, mistake, duress and illegality Discharge of contracts and remedies for breach Agency The Sale of Goods Act 1979 The tort of negligence Nuisance, trespass, defamation and vicarious liability Companies (1): Characteristics and formation Companies (2): Management, control and winding up Partnership, limited liability partnership and choice of legal status Employment (1): The contract of employment, employment rights and dismissal Employment (2): Discrimination and health and safety Regulation of business by the criminal law Credit transactions and intellectual property rights The resolution of business disputes Glossary Index

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Book Synopsis As documented in a number of case studies (from Telia Telecom in Sweden to Wirecard in Germany) in this book, recidivism seems to be of a substantial magnitude in corporate crime. Corporations tend to repeat white-collar offenses such as financial crime and environmental crime in various forms as long as they find it convenient. A minor fine from time to time and dismissal of some executives as scapegoats do not prevent corporations from committing and concealing new offenses as long as there is a convenient financial motive, a convenient organizational opportunity, and a convenient willingness for deviant behavior. Businesses and their executives tend to be recidivists who get away with light punishment in most jurisdictions. The relevant audiences for this book include law students, business students, sociology students, and criminology students. Fraud examiners, defense attorneys, compliance officers, police investigators, as well as prosecutors can find the structural model of convenience to be an ideal template in preparing corporate crime case narratives.

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Book SynopsisThere is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house Table of ContentsList of Abbreviations. List of Figures. List of Charts. List of Graphs. Chapter I: Introduction. Chapter II: Binding Mediation Agreements and their Enforcement. Chapter III: Parties’ Rights and Obligations under a Mediation Agreement. Chapter IV: Essential Elements of a Comprehensive Legal Framework. Chapter V: Conclusion. Annex I: Model Mediation Clause. Annex II: Codebook. Bibliography. Index.

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Book SynopsisIn this indispensable textbook, Simon Baughen expertly covers the whole spectrum of English shipping law, placing the highly specialised rules of shipping in a commercial context and relating them to the general principles of contract and tort law. The 8th edition is brought fully up to date, covering all the relevant legal implications following on from Brexit. In-depth commentary on judicial decisions and well-balanced coverage and analysis of recent and key cases provide an up-to-date reference for students on shipping law courses. All key topics are comprehensively covered, including bills of lading, charterparties, salvage, marine pollution, jurisdiction, choice of law, arbitration, and accidents and collisions. Continuing significant and noteworthy developments in shipping law are explored in this new edition, such as the introduction into the House of Lords in October 2022 of the Electronic Trade Documents Bill. The field of international conventions has also seen seveTable of ContentsPart I: DRY SHIPPING 1. The Commercial Background 2. Title to Sue 3. Proving Loss or Damage in Transit 4. The Terms of the Bill of Lading Contract 5. Statutory Terms of the Bill of Lading Contract 6. The Future? The Hamburg Rules and the Rotterdam Rules 7. Combined Transport 8. Carriage by Road – the CMR 9. Charterparties 10. Voyage Charterparties – Payment of Freight 11. Voyage Charters – Laytime and Demurrage 12. Time Charters 13. Damages and Frustration Part 2: WET SHIPPING 14. Collisions 15. Salvage 16. General Average 17. Marine Pollution Part III: JURISDICTION, CHOICE OF LAW, SECURITY AND LIMITATION 18. Jurisdiction, Arbitration and Applicable Law 19. Security and Interim Relief 20. Limitation of Liability

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The fifth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage.DiMatteoâs transactional approach walks students through key business transactionsâfrom import and export, contracts, and finance to countertrade, dispute resolution, licensing, and moreâgiving them both context and providing real-world applications. This new edition also features:â Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology, Artificial Intelligence, Market for Non-Fungible Tokens, and the Metaverseâ Discussion of businesses and sustainability, climate change, and creating a circular economyâ International perspective and use of a variety of national and international law mate

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Book SynopsisEwan MacIntyre recently retired after more than 25 years as a Senior Lecturer at Nottingham Law School. He is also the author of the concise Essentials of Business Law, published by Pearson.Table of ContentsStudy skills Chapter 1. The legal system Chapter 2. The courts and legal personnel Chapter 3. Formation of contracts - offer and acceptance Chapter 4. Other requirements of a contract - intention to create legal relations - consideration - formalities - capacity Chapter 5. Contractual terms Chapter 6. Misrepresentation - mistake - duress and undue influence - illegality Chapter 7. Discharge of liability - remedies for breach of contract Chapter 8. Terms implied by statute Chapter 9. Sale of goods - the passing of ownership Chapter 10. Sale of goods - duties of the parties - remedies - international sales Chapter 11. Agency Chapter 12. The law of torts 1 Chapter 13. The law of torts 2 Chapter 14. Credit transactions Chapter 15. Partnership Chapter 16. The nature of a company and the formation of a company Chapter 17. The management of a company Chapter 18. Shareholders - resolutions - maintenance of capital - minority protection - debentures Chapter 19. Winding up of companies - limited liability partnerships - benefits of trading as a company, partnership or limited liability partnership Chapter 20. Employment 1 - duties of employer and employee - dismissal - redundancy Chapter 21. Employment 2 - discrimination - health and safety - rights of employees Chapter 22. Regulation of business by the imposition of criminal liability Chapter 23. Business propertyAppendix: Answers to Test your understanding questions

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Book SynopsisThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.Trade ReviewThe range, depth and originality of the analysis of complex and intricate aspects of party autonomy in applicable law make this a must read for anyone engaged in research in this field. -- Paul Beaumont, University of Aberdeen and Jonathan Harris, King’s College, LondonThe book, that is comparative throughout, thus offers a lot to both European private law and PIL experts. -- Jan M Smits * Maastricht European Private Law Institute Blog *Table of Contents1. Introduction 2. Selection of the Applicable Law by Contract 3. The Scope of Party Autonomy 4. Independence of the Choice of Law Contract 5. Regulating the Choice of Law Contract 6. Agreement to Choose the Applicable Law 7. Formation of the Choice of Law Contract 8. Validity of the Choice of Law Contract 9. Conclusion

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Book SynopsisThis book provides a short and clear guide to key ideas which underpin the UK tax code and illustrates the wider political and economic issues students need to know about when studying tax law. Some of these key ideas are controversial and the subject of much discussion and debate.The book explains the key issues that are of fundamental juristic and philosophical importance and are common to tax codes throughout the world: What is a ''tax''? Is it different to a civil or criminal penalty? Why does this matter? Is ''taxation'' necessarily a public law concept? Does the concept of 'taxation' attract constitutional considerations? Why? How do the answers to these questions play out when courts have to interpret tax provisions? Readers will come away with a clear understanding of the architecture of the UK tax code, despite its (very real) complexity.

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Book SynopsisExploring artistic authorship and intellectual property in the contemporary world. If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessarynot only to benefit creators and inventors but also to support activities that contribute to the culture at largeyet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.Trade Review"Buskirk’s critical, nuanced take on copyright includes varied, important topics, such as a deep dive on the shortcomings of our fair-use exceptions to copyright; discussions on who benefits from copyright restrictions (author or publisher); how to consider moral or personhood rights of the author; and the challenges that fake or forged artwork poses to the art world. . . . Is It Ours? exposes the challenges of applying a uniform system to a diverse set of art through examples of cases that involve text, painting, sculpture, music, film, photography, digital images, etc." * ARLIS/NA Reviews *"The meticulously researched material makes this text a good reference for librarians, faculty, and graduate students desiring context for the constantly evolving copyright landscape and its impact on our culture." * College & Research Libraries *"Is It Ours? provides an impressive range of lawsuits and other conflicts within and beyond the contemporary art world emblematic of different problems that arise when copyright and other types of intellectual property function as a powerful economic engine." * Art Journal *Table of ContentsAcknowledgments Introduction: The Convenient Fiction of Authorship 1. From Privilege to IP 2. The Appropriation Game 3. Art, Life, and Infringement 4. Moral Rights and Beyond 5. Public Matters 6. Authorship and the Undead 7. Status Shifts 8. From Authentic to Fake Coda: Life in the Virtual Commons Notes List of Illustrations Index

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Book SynopsisCelebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability, and authority, they remain first-choice for students and lecturers, providing a careful selection of up-to-date legislation for exams and course use.Trade ReviewA must-have quick and easy reference point, with everything you need to access in one place. * Sarah Willis, Senior Lecturer, University of Northampton *These are the industry standard, containing a one-stop source for students. They cover all bases. * Dr Lucy Barnes, Associate Professor in Law, University of East Anglia *Blackstone's Statutes are a very reliable series. Up-to-date legislation, with a good match for teaching needs. Students appreciate the clear layout and easy reference materials. Ideal for exam use. * Renu Barton-Hanson, Associate Professor in Law, Middlesex University *The e-book is useful to support student's learning throughout the semester and for online exams. * Dr Vera Pavlou, Lecturer, University of Glasgow *

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Book SynopsisA new edition of a classic of commercial law: depth of coverage with exceptional clarity.Authors Beheshti, Saintier, and Thomas maintain the brilliance of late Professor Bradgate''s comprehensive text and provide students with an equally erudite guide, presenting the complexity of modern commercial law with clarity and fresh contextual links to practice. Key features:- Provides comprehensive coverage of the principles of commercial law alongside critical discussion- Offers rigorous in-depth analysis in an accessible way, giving students a thorough understanding- A modern, contextual approach draws links to the practice of commercial law- Also available as an e-book with functionality, navigation features, and links that offer extra learning supportNew to this Edition:- All chapters have been substantially revised to incorporate new developments and all major judgments in the area- Detailed coverage of impact of digitalisation throughout the book - Includes a new chapter on the future t

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Book SynopsisNow in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: The impact of the European Union (Withdrawal Agreement) Act 2020 which amends the European Union (Withdrawal) Act 2018.Over one hundred new cases from the English courts, the Court of Justice of the European Union and the International Tribunal for the Law of the Sea.Changes to the Merchant Shipping (Registration of Ships) Regulations 1993, includTable of ContentsCHAPTER 1: THE CONFLICT OF LAWS Yvonne BaatzCHAPTER 2: SHIPBUILDING, SALE, FINANCE AND REGISTRATION Filippo Lorenzon and Ainhoa Campàs VelascoCHAPTER 3: INTERNATIONAL TRADE AND SHIPPING DOCUMENTS Filippo LorenzonCHAPTER 4: CHARTERPARTIES Yvonne BaatzCHAPTER 5: CARGO CLAIMS AND BILLS OF LADING Charles DebattistaCHAPTER 6: CARRIAGE OF PASSENGERS Michael Tsimplis CHAPTER 7: THE LIABILITIES OF THE VESSEL Michael Tsimplis CHAPTER 8: PUBLIC INTERNATIONAL LAW ASPECTS OF SHIPPING REGULATION Andrew SerdyCHAPTER 9: SAFETY AND COMPLIANCE Filippo LorenzonCHAPTER 10: MARINE POLLUTION FROM SHIPPING ACTIVITIES Michael TsimplisCHAPTER 11: MARINE INSURANCE Özlem Gürses and Johanna Hjalmarsson CHAPTER 12: PROCEDURES FOR ENFORCEMENT Michael TsimplisCHAPTER 13: THE APPLICATION OF THE EU COMPETITION RULES TO THE MARINE SECTOR Andrea ListaBibliography Index

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Book SynopsisJurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance.The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the Table of ContentsPART I – PRELIMINARIES Chapter 1 Introduction PART II – JURISDICTION AND ARBITRATION AGREEMENTS IN CONTRACTS FOR THE CARRIAGE OF GOODS BY SEA Chapter 2 International jurisdiction and arbitration Chapter 3: Incorporation of the dispute resolution clauses contained in the charter party into the bill of lading PART III – LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS IN MARITIME CARGO CLAIMS Chapter 4 Limitations on jurisdiction and arbitration agreements in case of cargo claims in tort and in bailment PART IV – LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS BY THE ARREST OF SHIPS AND MANDATORY RULES Chapter 5 Party autonomy and the arrest of ships Chapter 6 Limitations on jurisdiction and arbitration clauses by public policy, mandatory rules and overriding mandatory rules in contracts for the carriage of goods by sea PART V – FINAL ANALYSIS Chapter 7 Conclusions and a new Perspective ANNEX I: Bibliography

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Book SynopsisAn accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage. Table of Contents Introduction Contracts of carriage Transport documents The parties to the contract of carriage International conventions on the carriage of goods Multimodal situations governed by unimodal conventions The law applicable in the absence of a mandatory convention The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Annexes 1 Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM – Appendix B to the Convention) (CIM 1999)2 The Hague Rules as Amended by the Brussels Protocol 1968 (HVR)3 Convention for the Unification of Certain Rules for International Carriage by Air (MC)4 The Convention relative au contrat de transport international des Marchandises par Route (CMR)5 Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI)

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisThis book is designed for undergraduate and graduate law students as well as legal practitioners and policy analysts seeking to understand the main legal principles in international investment law and to be informed of current debates with sufficient rigor to inform further reading.Table of Contents1. Introduction to foreign direct investment: history, trends and rationales; 2. Bilateral, regional and multilateral investment agreements and investment contracts; 3. National laws governing foreign investment and definitions and conditions of admission; 4. Guarantees against discrimination: national treatment and most favoured nation; 5. Fair and equitable treatment, full protection and security, and umbrella clauses; 6. Guarantees against expropriation; 7. Compensation; 8. Dispute settlement; 9. Public interest issues: the environment, human rights and culture; 10. Non-precluded measures: essential security, economic stability and the defence of necessity; 11. Beyond international investment law.

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Book SynopsisInternational commercial arbitration has become the dispute resolution method of choice for international business transactions. Both students and practitioners will benefit from this short, readable and comprehensive book, providing the legal and regulatory framework of the field, as well as practical strategies to follow and pitfalls to avoid.Trade Review'The very fact that Moses' textbook is in its fourth edition in 16 years speaks to its quality. It masterfully combines the law and practice of international arbitration. The textbook, which I recommend to my students, is now up to date again with the latest developments such as virtual hearings and the Pechstein case.' Reinmar Wolff, Assistant Professor at the University of Marburg and Vice Chairman of the German Arbitration Institute (DIS)'The Principles and Practice of International Commercial Arbitration by Margaret Moses is an essential book for any arbitration practitioner or scholar. Put simply, it is the best textbook on international arbitration out there. It provides a clear explanation of the interplay of various legal instruments governing international commercial arbitration. Even more importantly, the book provides vivid real life examples of how those instruments come to life in legal practice.' Davor Babić, Professor of Law, University of ZagrebTable of Contents1. Introduction to international commercial arbitration; 2. The arbitration agreement; 3. Drafting the arbitration agreement; 4. Applicable laws and rules; 5. Judicial assistance for arbitration; 6. The tribunal; 7. The arbitral proceedings; 8. The award; 9. Attempts to set aside an award; 10. Enforcement of the award; 11. Investment arbitration.

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Book SynopsisExploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.Table of ContentsTable of ContentsPreface Acknowledgements List of Abbreviations Table of Cases Table of Legislation CHAPTER 1 INTRODUCTION I. Background *1. Paucity of Actions for Damages for Competition Infringements 2. The Need for Collective Redress in Competition Law Enforcement 3. Reflection on the Term ‘Collective Redress’ II. Issues relating to the Design of a Collective Redress Action 1. Judicial v Non-Judicial Means of Collective Redress 2. Elements of Collective Redress Actions III. Methodology IV. Structure CHAPTER 2 THE NOTION OF AND NEED FOR COLLECTIVE REDRESS ACTIONS I. Introduction II. The Concept and Function of Collective Redress Procedures 1. A Short Summary of Evolution and Policy Rationale 2. The Purpose of the Procedure III. Setting the Scene for EU Collective Redress Actions 1. The Recognition and Exercise of the Right to Damages 2. The Need for Collective Redress Actions for Consumers 2.1. Barriers to the Effective Compensation of Consumers 2.2. Inadequacy of Existing Aggregation Mechanisms 3. The Role of Collective Redress Actions IV. Concluding Remarks CHAPTER 3 COMMISSION INITIATIVES ON COLLECTIVE REDRESS ACTIONS I. Introduction II. Two Distinct Initiatives in Competition and Consumer Law 1. Commission Efforts in Competition Law 1.1. The Green Paper 1.2. The White Paper 1.3. Withdrawn Directive in 2009 *2. Commission Efforts in Consumer Law III. Combining the Two: A Horizontal Approach toward Collective Redress Actions 1. Overview of the Reasons leading to Horizontal Approach 2. The Proposals Under the Horizontal Approach 2.1. Public Consultation 2.2. Recommendation and Communication 3. Impact of the Horizontal Approach on Collective Redress IV. Distinctive Approach toward Collective Redress Actions 1. Potential Shortcomings of the Horizontal Approach 2. The Case for a Distinctive Competition Law Approach V. Concluding Remarks CHAPTER 4 OBJECTIVES OF COLLECTIVE REDRESS ACTIONS IN EU COMPETITION ENFORCEMENT I. Introduction II. Determining the Objectives and Their Significance III. Objectives of Actions for Damages 1. The Approach of the EU Courts 2. The Approach of the Commission IV. Compensation and Deterrence Objectives for Collective Redress Actions 1. The Unique Competition Law Enforcement Goal and its Implications for Collective Redress Actions 2. Objectives of Collective Redress Actions 2.1. The Compensatory Objective 2.2. The Deterrence Objective 3. Collective Redress Actions for Consumers: Do the Objectives Pursued Differ? V. Concluding Remarks CHAPTER 5 CONSUMER DAMAGES CLAIMS IN EU COMPETITION CASES I. Introduction II. Damages Caused by Competition Infringements 1. The Types of Competition Infringements 2. The Types of Harm Resulting from Competition Infringements 3. Potential Damages of Competition Infringements III. The Overcharge as a Measure of Damages in Consumer Cases *1. Overcharge in Collusion Cases 1.1. Practices Giving Rise to Overcharge 1.2. Case Studies 1.2.1. Case Study 1 1.2.2. Case Study 2 2. Overcharge in Abuse of Dominance Cases 2.1. Practices Giving Rise to Overcharge 2.2. Case Studies 2.2.1. Case Study 1 2.2.2. Case Study 2 IV. The Ways in Which Consumers are Harmed 1. Direct Consumers 2. Indirect Consumers 3. Deadweight Loss Consumers 4. Umbrella Consumers V. Concluding Remarks CHAPTER 6 GROUPING COLLECTIVE CLAIMS: OPT-IN v OPT-OUT I. Introduction II. Establishing the Group Membership 1. Opt-In Actions 2. Mandatory Actions 3. Opt-Out Actions 3.1. The Functioning of Opt-Out Actions 3.2. The Role of Notice 3.3. The Compensation Objective and Opt-Out Actions 3.3.1. Participation Rates 3.3.2. Take-Up Rates 4. The Proposed Approach 4.1. Reflections 4.2. Assessing the Criticisms 4.2.1. Overview of the Criticisms 4.2.2. The Merits of the Criticisms III. Grouping the Claims 1. The Ways in Which the Group is Defined 2. Two Necessary Elements of Group Definition 3. Towards an Adequate Group Definition: What Matters? 3.1. The Type of Loss 3.2. The Type of Plaintiff 4. The Proposed Approach: Grouping Consumer Claims IV. Concluding Remarks CHAPTER 7 DESIGNING COLLECTIVE REDRESS ACTIONS: REPRESENTATIVE PARTY AND FUNDING RULES I. Introduction II. Determining the Representative Party 1. Lead Plaintiff 2. Ideological Claimant III. Funding 1. Liability for Costs 2. Possible Options for Funding 3. Contingency Fees as One of the Options 4. The Proposed Approach IV. Concluding Remarks CHAPTER 8 CALCULATION AND DISTRIBUTION OF DAMAGES IN COLLECTIVE ACTIONS FOR CONSUMERS I. Introduction II. Possible Ways of Awarding Damages to a Group 1. Aggregate versus Individual Damages Assessment 2. Aggregate Damages Assessment and the Compensation Objective III. Calculation of Damages to Consumers IV. Allocation of Damages 1. Distribution of Damages to Group Members 2. Possible Alternatives for Undistributed Damages and the Proposed Approach V. Concluding Remarks CHAPTER 9 CONCLUSIONS Bibliography index

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Book SynopsisOver the last few decades, banks, insurers, pension funds, investments firms and other financial institutions have become subject to sometimes dramatically new, but always substantially more, legislation. This is especially true for the EU. Moreover, Brexit has already caused profound changes to the dynamics of EU financial regulation, and its effects will likely become ever-more significant in the years to come. This book serves as a comprehensive introduction to these developments, and, more generally, to European banking and financial law. It is organised around the three economic themes that are central to the financial industry: (i) financial markets, (ii) banking and financial institutions and (iii) financial transactions. It covers not only regulatory law but also commercial law that is relevant for the most important financial transactions. This Second Edition has been completely revised. The basic structure of the First Edition has been maintained, but all chaTrade ReviewExploring three key themes (financial markets, financial institutions and financial transactions), the book provides a very succinct overview of the entire universe of banking and finance in the EU. It is an invaluable tool for the student or practitioner who quickly needs to gain a basic understanding of both the regulatory framework and the relevant commercial law . . . the book forms an extremely useful tool as an introductory text on a very complex and technical area of law. Michael Schillig, Professor of Law, King’s College LondonTable of ContentsPart A Introduction 1. Sources of EU Financial Law Part B Financial Markets 2. The Primary Market 3. The Secondary Market 4. Market Abuse 5. Consumer and Investor Protection Part C FinancialInstitutions 6. Banking, EU Supervision and Bank Structures 7. Authorisation, Capital Requirements and Governance Rules 8. Bank Insolvency 9. The Investment Firm and the Investment Fund Part D Financial Transactions 10. Custody and Transfer of Cash and Securities 11. Loan Finance 12. Derivatives 13. Collateralised Finance 14. Structured Finance 15. Answers

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Book SynopsisKey Facts has been specifically written for students studying Law. It is the essential revision tool for a broad range of law courses from A Level to degree level. Consumer Law is also relevant to courses for Trading Standards Officers and many Business Studies courses.The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.Chapters include: The character of consumer contracts / Consumer protection in contract law / Contracts for sale of goods / Unsolicited goods / Distance selling / Contracts to provide services / Protection under the law of tort / Exemption clauses and unfair terms in consumer contracts / The Consumer Protection Act 1987 / Criminal Law as a means of consumer protection / Consumer finance / Trade Descriptions Act 1968 / Misleading proce inTable of ContentsIntroduction to consumer protectionConsumer protection in contract lawSale of goodsUnsolicited goodsDistance sellingSupply of goods and servicesProtection under the law of tortControl of exemption clauses & unfair termsThe Consumer Protection Act 1987 and civil remediesCriminal Law as a means of consumer protectionThe Consumer Protection Act 1987 and criminal liabilityTrade Descriptions Act 1968Misleading pricesConsumer creditPackage holidays

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Book SynopsisTable of ContentsBRIEF TABLE OF CONTENTS Part I Legal, Ethical, and Digital Environment 1. Legal Heritage and the Digital Age 2. Constitutional Law for Business and E-Commerce 3. Courts and Jurisdiction 4. Judicial, Alternative, Administrative, and E-Dispute Resolution 5. Intentional Torts and Negligence 6. Criminal Law and Cyber Crimes 7. Intellectual Property and Cyber Piracy 8. Ethics and Social Responsibility of Business Part II Contracts and E-Commerce 9. Nature of Traditional and E-Contracts 10. Agreement and Consideration 11. Capacity and Legality 12. Genuineness of Assent and Statute of Frauds 13. Third-Party Rights and Discharge 14. Breach of Contract and Remedies 15. Digital Law and E-Commerce Part III Sales and Lease Contracts and Product Liability 16. Formation of Sales and Lease Contracts 17. Title to Goods and Risk of Loss 18. Remedies for Breach of Sales and Lease Contracts 19. Warranties and Product Liability Part IV Negotiable Instruments, Banking, and Electronic Financial Transactions 20. Creation and Transfer of Negotiable Instruments 21. Holder in Due Course and Liability of Parties 22. Banking System and Electronic Financial Transactions Part V Credit, Secured Transactions, and Bankruptcy 23. Credit, Real Property Financing, and Secured Transactions 24. Bankruptcy and Reorganization Part VI Business Organizations, Corporate Governance, and Investor Protection 25. Agency Law 26. Small Business, Entrepreneurship, and Partnerships 27. Corporate Formation and Financing 28. Corporate Governance and the Sarbanes-Oxley Act 29. Corporate Acquisitions and Multinational Corporations 30. Limited Liability Companies and Limited Liability Partnerships 31. Franchise and Special Forms of Business 32. Investor Protection, E-Securities, and Wall Street Reform Part VII Government Regulation and Employment Law 33. Antitrust Law and Unfair Trade Practices 34. Consumer Safety and Environmental Protection 35. Labor, Worker Protection, and Immigration Law 36. Equal Opportunity in Employment Part VIII Property, Insurance, and Estates 37. Personal Property, Bailment, and Insurance 38. Real Property, Landlord-Tenant Law, and Land Use Regulation 39. Family Law, Wills, and Trusts Part IX Accounting Profession 40. Accountants’ Duties and Liability Part X Global Environment 41. International and World Trade Law Appendices A The Constitution of the United States of America Case Index Subject Index

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Book SynopsisProfessor Charles Wild (PhD, MBA, LLM, PCHE, LPC, CPE, BSc (Econ)) is a leading authority on company law, has lectured widely, both in the UK and abroad, and acts as consultant to a number of public and private bodies.   Professor Stuart Weinstein (JD, MBA, BA) is a solicitor and attorney with over twenty years' practice experience in the US, UK and Korea, is a recognized expert on legal risk management in companies, and is a Swift Institute Scholar.  Table of Contents Brief contents Preface to the eighteenth editionLaw report abbreviationsTable of casesTable of statutes1 An overview of company law2 Partnerships and Limited Liability Partnerships (LLPs)3 Promotion, incorporation, membership and people with significant control4 The corporate veil5 Corporate governance6 The memorandum of association7 The articles of association8 Altering the articles of association9 The company and its contracts10 Directors and management11 The duties of directors12 Vacation of office, disqualification and the personal liability of directors13 Meetings and resolutions14 Allotments, calls and forfeiture of shares15 Shares and share capital16 Shares – payment and transfer17 Company flotations and insider dealing18 Capital maintenance and distribution19 Debentures and charges20 The statutory derivative action21 The protection of minorities22 Corporate insolvency – company rescue23 Corporate insolvency – procedures other than rescue24 Corporate insolvency – winding-up in contextIndex

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Book SynopsisEwan MacIntyre is a Senior Lecturer in Law at Nottingham Trent University. Josephine Bisacre is a Senior Teaching Fellow in Business Law at Heriot-Watt University.Table of ContentsAcknowledgements Introduction Guided tour Guided tour of the companion website Table of cases and statutes Chapter 1: Contract 1: Formation of a contract Chapter 2: Contract 2: Error, Misrepresentation, other challenges based on lack of consent, young people, illegality, and privity Chapter 3: Contract 3: The terms of the contract Chapter 4: Contract 4: Discharge of contractual obligations and remedies Chapter 5: Delict Chapter 6: Companies 1: Formation and personnel Chapter 7: Companies 2: Shares, resolutions, protection of minority shareholders and charges Chapter 8: Partnership, limited liability partnership and sole trading Chapter 9: Employment 1: The contract of employment, employee rights, dismissal and redundancy Chapter 10: Employment 2: Discrimination Chapter 11: Sources of Scots law And finally, before the exam . . . Glossary of terms Index

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Book SynopsisIn recent years, a great deal has changed in the oil and gas industry, from legal and regulatory change to falling oil prices. This updated third edition of 'UK Oil and Gas Law' has been published in two volumes: this volume focuses on commercial and contract law issues.

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Book SynopsisAs attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 12 legal systems from different legal traditions and from different parts of the world (though with a special emphasis on European countries). In alphabetical order, those countries are: Finland, France, Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.Table of Contents1. A Case-Based Approach to Comparative Company Law David Cabrelli and Mathias Siems PARTS 1 to 3 COMPARATIVE CASE STUDIES Country reports by Sonja Siggberg, Jesse Collin and Lena Nordman (Finland), Pierre-Henri Conac (France), Mathias Siems (Germany), Marco Ventoruzzo and Corrado Malberti (Italy), Hisaei Ito and Hiroyuki Watanabe (Japan), Theis Klauberg (Latvia), Mieke Olaerts and Bastiaan Kemp (the Netherlands), Michal Zurek and Kamil Szmid (Poland), Irene-marié Esser and Piet Delport (South Africa), Pablo Iglesias-Rodríguez (Spain), David Cabrelli (UK), Martin Gelter, Nemika Jha and D Gordon Smith (US) PART 1 DIRECTORS’ DUTIES AND LIABILITY 2. General Case on Directors’ Duties Edited by Theis Klauberg 3. Duties of Nominee Directors Edited by Martin Gelter, Nemika Jha and D Gordon Smith 4. Obligations of Directors in Takeovers Edited by Pablo Iglesias-Rodriguez 5. Cross-Border Takeovers and Takeover Defences Edited by Sonja Siggberg, Jesse Collin and Lena Nordman PART 2 CREDITOR PROTECTION 6. Piercing the Corporate Veil Edited by Hisaei Ito and Hiroyuki Watanabe 7. Capital Maintenance Edited by MichalZurek and Kamil Szmid PART 3 SHAREHOLDER PROTECTION 8. Shareholders and Shareholder Law Edited by Pierre-Henri Conac 9. Abuse of Shareholder Rights Edited by Mathias Siems 10. Shareholders’ Rights and Litigation Edited by David Cabrelli 11. Limitations on the Shareholder’s Right to Transfer Shares Edited by Corrado Malberti and Marco Ventoruzzo PART 4 CONCLUSION 12. A Rule-Based Comparison and Analysis of the Case Studies David Cabrelli and Irene-marie Esser 13. A Quantitative Analysis of Similarities and Diff erences in Form, Style and Substance Mathias Siems

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Book SynopsisTrade and commerce are central to the wealth of nations. International and cross-border by nature, they require international rules. In response, a complex framework of rules have been developed to regulate the field, with some gaining global acceptance. Rules around the sales and carriage of goods, services, financing and security, underline transnational commercial activity. These rules are made up of international treaties and soft law. This important new commentary provides in-depth article-by-article analyses of the legislation in the field of trade and commerce. Conventions and legislation covered includes: the CISG plus Limitation Convention; the UNIDROIT Principles; the Montreal Convention; the Commercial Agents Directive; the Late Payment Directive and the Cape Town Convention. This commentary takes an innovative approach by placing the different frameworks in the applied context they operate in within commercial practice. Rigorous and comprehensive, this is an essential guide for all in world of international commerce.Trade ReviewOverall the volume is an impressive achievement that promises great benefits for both legal practitioners and legal scholars in the field of international commercial law. -- Christoph Benicke * RabelsZ (translated from the original German) *This book … will, rightly, be regarded as an essential purchase by practically anyone who practises, studies or teaches cross-border commercial law … an excellent and up-to-date English language legal commentary in one manageable volume that has been written by a cast of twenty-one distinguished and international subject experts to cover thirteen different international legal instruments. -- Jonathan Fitchen, University of Aberdeen * Edinburgh Law Review *

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Book SynopsisThis book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.Table of ContentsPreface Contributors Table of Cases Table of Legislation 1. Introduction Paul S Davies (University College London, UK) and Tan Cheng-Han SC (City University of Hong Kong) 2. The Fiduciary Status of Agents Matthew Conaglen (University of Sydney, Australia) 3. Ministerial Acts Rachel Leow (National University of Singapore) 4. Justifications for and Limitations on Interventions by Undisclosed Principals William Day (University of Cambridge / 3 Verulam Buildings, UK) 5. Agency Theory Revisited and Practical Implications Gerard McMeel KC (University of Reading, UK) 6. Platform Liability for Terrorist Activities Ying Hu (National University of Singapore) 7. How Intermediaries Entrench Google’s Position in the Advertising Display Market Roger Alford (University of Notre Dame, USA) 8. The Platform as Agent Deborah A DeMott (Duke University, USA) 9. Online Intermediary Platforms and English Contract Law Christian Twigg-Flesner (University of Warwick, UK) 10. Agency, Artificial Intelligence and Algorithmic Agreements Tan Cheng-Han SC (City University of Hong Kong) 11. Client-Intermediary Relations in the Crypto-Asset World Hin Liu (University of Oxford, UK), Louise Gullifer (University of Cambridge, UK) and Henry Chong (Fusang Corp, Hong Kong) 12. As Complex as ABC? Bona Fide Purchasers of Equitable Interests Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK) 13. The Partner’s Fiduciary and Good Faith Duties: More than Just an Agent? Laura Macgregor (University of Edinburgh, UK) 14. Debt Collection and Assignment of Debts: Navigating the Legal Maze Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University) 15. Financial Wellbeing – the Missing Link in Financial Advice under Private Law and Statute Andrew Godwin (University of Melbourne, Australia), Wai Yee Wan (City University of Hong Kong) and Qinzhe Yao (Skandan Law LLC, Singapore) 16. Adjudicating Intermediary-Related Losses Hans Tjio (National University of Singapore) 17. Intermediaries as ‘Gatekeepers’ in International and Domestic Regulation Alexander Loke (City University of Hong Kong) 18. A Fine Balance: Insolvency Practitioners and the Leveraging of Intermediary Power Sarah Paterson (London School of Economics and Political Science, UK)

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Book Synopsis“This is a big book, with big themes and an author with the necessary experience to back them up… Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.” (Law Quarterly Review) Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.Table of ContentsPart I The Emergence of the Modern Lex Mercatoria, its Method, Structure and Antecedents. Civil or Common Law Thinking? 1.1. Introduction 1.2. The Origin of Civil Law. Its Traditional Approach to Law Formation and to the Operation of Private Law. Effect on Commercial and Financial Law 1.3. The Origin and Evolution of the Common Law. Its Approach to Law, Private Law Formation and Operation 1.4. The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria 1.5. Different Legal Orders, their Manifestation, and the Competition between them. Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria) Part II The Nature, Status and Function of Private International Law 2.1. Modern Private International Law 2.2. The Modern European and US Approaches to Conflicts of Law 2.3. Interaction of Private International Law and Uniform Law Part III The Substance and Operation of Transnational Commercial and Financial Law or the Modern Lex Mercatoria 3.1. The Lex Mercatoria, Interrelation with Private International Law, Legitimation 3.2. The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration in the Positive Law 3.3. Operation of the Lex Mercatoria. Objections

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Book SynopsisThis book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.Table of ContentsPART I FORMATION OF CONTRACT, AUTONOMY AND CONSENT 1. Mapping Artificial Intelligence: Perspectives from Computer Science Luigi Portinale (Università del Piemonte Orientale, Italy) 2. Artificial Intelligence, Contracting and Contract Law: An Introduction Martin Ebers (University of Tartu, Estonia) 3. When AI Meets Smart Contracts: The Regulation of Hyper-Autonomous Contracting Systems? Mimi Zou (University of Reading, UK) 4. A Philosophy of Contract Law for Artificial Intelligence: Shared Intentionality John Linarelli (Touro College, USA) 5. From Document to Data: Revolution of Contract Through Legal Technologies Silvia Martinelli (University of Turin, Italy) and Carlo Rossi Chauvenet (CRCLEX, Italy) PART II DRAFTING, AI TOOLS FOR CONTRACTING AND CONTRACT ANALYSIS, MANAGEMENT 6. Legal Tech Solutions for the Management of the Contract Lifecycle Giulio Messori (Sweet Legal Tech, Italy) 7. Building a Chatbot: Challenges under Copyright and Data Protection Law Aleksei Kelli (University of Tartu, Estonia), Arvi Tavast (Institute of the Estonian Language, Estonia) and Krister Lindén (University of Helsinki, Finland) 8. Legal Tech Solutions as Digital Services under the Digital Content Directive and E-Commerce Directive Karin Sein (University of Tartu, Estonia) 9. Contracting in Code Megan Ma (Stanford Center for Legal Informatics, USA) 10. Summarising Multilingual Documents: The Unexpressed Potential of Deep Natural Language Processing Luca Cagliero (Politecnico di Torino, Italy) PART III (NON-)PERFORMANCE, REMEDIES AND DISPUTE RESOLUTION 11. Remedies for Artificial Intelligence Cristina Poncibò (University of Turin, Italy) 12. Artificial Intelligence and Platform Services: EU Consumer (Contract) Law and New Regulatory Developments Monika Namyslowska (University of Lodz, Poland) and Agnieszka Jablonowska (Polish Academy of Sciences, Poland) 13. Artificial Intelligence and Anticompetitive Collusion: From the ‘Meeting of Minds’ towards the ‘Meeting of Algorithms’? Giuseppe Colangelo (University of Basilicata, Italy) 14. Artificial Intelligence and Contracts: Reflection about Dispute Resolution Paola Aurucci (University of Turin, Italy) and Piercarlo Rossi (University of Turin, Italy)

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Book SynopsisThe Commercial Law Handbook examines the most commonly encountered transactions, provides a checklist of the terms that need to be included in the agreements and analyses the issues that should be considered when drafting them. This new second edition includes: - Consumer Rights Act 2015 - General Data Protection Regulation (Data Protection Act 2018) - Rome I and II Regulations on governing law - Recast Brussels Regulation on jurisdiction and the recognition and enforcement of judgments - Competition and Markets Authority succeeding the Office of Fair Trading - case law clarifying rights of agents and operation of Commercial Agents Regulations - perspectives on the potential impact of Brexit.Table of Contents1. Introduction: what is a commercial contract and how to draft one; 2. Services agreements; 3. Sale and supply of goods agreements; 4. Distribution agreements; 5. Agency agreements; 6. Licensing and franchising agreements; 7. Joint ventures; 8. Competition law aspects; 9. Resolution of commercial disputes; Appendix.

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Book Synopsis

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Book SynopsisAs the number and size of nonprofit organizations continues to grow, NFPs are coming under ever-increasing government scrutiny. Soon Congress will require that nonprofits comply with rigorous accounting and governance standards very similar to those set forth for for-profits in the Sarbanes-Oxley Act.Table of ContentsForeword xix Introduction 1 Part I: Nonprofits in the 21st Century 7 Chapter 1: Defining and Scrutinizing the Nonprofit Sector 9 Chapter 2: Regulating Nonprofits: Who’s in Charge? 21 Chapter 3: The State of the Nation’s Nonprofits 33 Part II: The Nuts and Bolts of Nonprofits 45 Chapter 4: Starting Up and Staying True to the Mission 47 Chapter 5: Getting Tax-Exempt Status 69 Chapter 6: Paying Nonprofit Directors, Officers, Staff, and Volunteers 87 Part III: Structuring a Nonprofit to Meet Its Mission 101 Chapter 7: Filing the Dreaded Form 990 103 Chapter 8: The Responsibilities of the Board 117 Chapter 9: Creating the Right Committee Structure 135 Chapter 10: All About Audit Committees 141 Part IV: Some Special Types of Nonprofits 151 Chapter 11: Forming a Solid Foundation 153 Chapter 12: Capitalizing on Cooperatives 165 Part V: Legal Landmines 179 Chapter 13: Existing in a World of Sarbanes-Oxley 181 Chapter 14: Some Sticky Accounting Issues That All Nonprofits Face 199 Chapter 15: Communicating Comfortably with the IRS 217 Part VI: The Part of Tens 227 Chapter 16: More Than Ten Web Sites Every Nonprofit Should Visit 229 Chapter 17: Ten Questions to Ask Before Agreeing to Join a Nonprofit Board 235 Chapter 18: Ten Ways to Lose Tax-Exempt Status 243 Chapter 19: Ten Tips for Dealing with the Media 249 Part VII: Appendixes 255 Appendix A: Sample Nonprofit Bylaws 257 Appendix B: Sample Audit Committee Report 261 Appendix C: State Regulatory Authorities for Nonprofits 263 Appendix D: Selections from the Revised Model Nonprofit Corporation Act (1987) 275 Index 325

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Book SynopsisThis book is a user manual for understanding and deployment of open source software licensing in business. Written for lawyers and businesspeople alike, it explains and analyzes open source licensing issues, and gives practical suggestions on how to deal with open source licensing in a business context. Including useful forms, information, and both technical and licensing background, this book will help you avoid legal pitfalls and edcuate your organization about the risks of open source.Trade Review"In her book, Heather Meeker does a good job describing the "border dispute" of the Copyleft provision in the GPL" (ccsblog, March 16th, 2009) "So I would say, this is the book to read, for a good account of the legal aspects surrounding open source." (dw2-o.com, 7/6/08)Table of ContentsPreface ix Part one Leveraging opportunities 1 Chapter 1 Introduction: How UNIX Gave Birth to Linux, and a New Software Paradigm 3 In the Beginning Was the Word, and the Word Was UNIX 3 Along Comes Linux 6 Now, What is Open Source? 7 And This is Just the Beginning 9 Chapter 2 Free Software and Open Source 11 Viruses and Freedoms 11 Philosophy of Free Software 13 Open Source Initiative 18 Mozilla Foundation 18 Linus Torvalds 19 Definitions: Free Software and Open Source 21 What’s in a Name? The Viral and the Nonviral 22 Open Source Development Model 25 Chapter 3 Common Open Source Licenses and Their Structure 27 Direct Licensing 29 GPL 29 GPL + Exception (or Special Exception) 39 GPL + FLOSS Exception 40 LGPL 40 Corporate Hereditary Software Licenses 41 Other Hereditary Software Licenses 43 Permissive Licenses 43 Apache 1.0 46 Apache 1.1 46 Apache 2.0 46 Artistic License 46 Miscellaneous Licenses 47 Non-Software Licenses 49 Chapter 4 Due Diligence, License Proliferation, and Compatibility 53 What is the Problem with Combining Software? 53 What is Due Diligence? 54 License Conditions and Diligence Problems 57 License Compatibility 59 Choices in an Incompatible World 62 An Embarrassment of Riches? 66 Reusability 69 Chapter 5 Audits and Compliance Initiatives 71 Provenance and Objective Checking 72 Applying Policy and Legal Review 74 Some Nuts and Bolts 76 Chapter 6 Notice Requirements 83 Chapter 7 Patents and Open Source 89 Patent Debate 89 Patent Portfolio Management 98 Chapter 8 Trademarks and Open Source 109 Trademark Law and Open Source Licensing 109 Trademarks in the Open Source World 111 AT&T UNIX Battle 112 Chapter 9 Open Source and Open Standards 115 Chapter 10 Developing a Corporate Open Source Policy 119 Appendix 10A Open Source Corporate Policy 123 Chapter 11 Open Source Code Releases 135 Choosing a License 136 Effect on Patent Portfolio 139 Effect on Trademarks 140 Open Source Business Models 142 Dual Licensing 143 “Ur-Licensor” and Open Source Decision Models 146 Contribution Agreements 146 Reissuing Code 150 Corporate Organization 150 Appendix 11A Open Source Trademark Policy 153 Part two Understanding risks 159 Chapter 12 Technical Background: Operating System Kernels, User Space, and Elements of Programming 161 What is the difference Between an Application and an Operating System? 163 What is an Operating System Kernel? 164 What is an Application? 165 Dynamic and Static Linking, and Inline Code 166 Header Files 169 Monoliths and Loadable Kernel Modules 170 Chapter 13 Enforcement of Open Source Licenses 171 Past Enforcement 171 Enforcement Obstacles 176 Lack of Track Record: GPL Has Never Been Tested in Court 176 Waiver/Estoppel: Occasional and Selective Enforcement of GPL Means it is Unenforceable 177 Formation: GPL is Not Validly Accepted by Licensees 177 GPL Constitutes Copyright Misuse 178 Joint Work Arguments 179 Standing and Joinder Arguments 180 Chapter 14 The Border Dispute of GPL2 183 Defining the Border Dispute 183 What the GPL Says 184 Rules of Contract Construction 186 Applying the Four Corners Rule to GPL2 188 Applying the Rules of Contract Construction of GPL2 190 Trade Usage and Other Extrinsic Evidence 191 Derivative Works Question 192 The Facts 195 Legal Rules 196 Analyzing the Case of Two Works 200 Is the Result One or Two Works? 205 Policy Arguments 206 Non-U.S. Law Interpretations 207 Approach of Legal Realism 208 Outside the Four Corners 209 Loadable Kernel Modules 212 The Hardest Cases 216 LGPL Compliance 217 Chapter 15 License or Contract? 223 Contract Formation 223 Arguments Supporting Formation 225 Implications of Absence of Contract Formation 226 Incentives for Formation Arguments 229 Chapter 16 Defining Distribution 233 Chapter 17 Open Source in Mergers and Acquisitions and Other Transactions 237 Open Source in Licensing and Commercial Transactions 241 Development Agreements 242 Chapter 18 GPL Version 3.0 245 What is the Effect of the Release of GPL3? 245 Adoption of GPL3 247 Politics and Context 248 “Derivative Works” Problem 251 “Propagation” and “Conveying” 252 Patents 252 Digital Millennium Copyright Act Provisions 255 “Java Problem” 257 Disabling and Obfuscation 257 ASP Problem 258 License Compatibility 259 Chapter 19 LGPL Version 3.0 261 New Approach for LGPL 261 Adoption of LGPL3 261 Politics and Context 262 Definitions 262 Compliance 262 Drawbacks 264 Appendix A Open Source Development Agreement 265 Glossary 277 Index 283

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