Commercial law Books

Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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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 SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This Research Agenda considers the future direction of research in tax law, channeling creative thinking from leading tax scholars around the world who explore potential routes for further development in both traditional and more unconventional areas of tax law.Showcasing visionary and provocative thoughts from leading international tax scholars, each chapter follows a clear methodological structure, setting each specific topic in context before identifying research gaps indicating potential avenues for future research. These developments are discussed in relation to tax law’s interaction with a myriad of cutting-edge topics such as environmental challenges, new technologies, racial and immigration issues. The expert authors astutely draw out the social implications of tax law in order to present a case for developing a more global and interconnected approach to contemporary research ventures.A Research Agenda for Tax Law will provide guidance and inspiration for future researchers, doctoral students and scholars in the field of tax law and fiscal policy who wish to dive into some deeper, and perhaps unknown, waters of taxation.Trade Review‘. . . the individual chapters in this collection are all excellent and are a first port of call for tax researchers looking for inspiration. The book also provides an incredibly helpful reference point for academics who receive queries from students unsure of what their postgraduate research should explore. The book is thoroughly recommended to tax researchers, experienced and newcomers alike. It comes as a breath of fresh air for the scholar stuck in the same old stuffy room of ideas. Blue-sky thinking, which this book champions, is to be cherished.’ -- Stephen Daly, British Tax Review‘Proving that tax profoundly influences all aspects of society, this volume includes reflections by the world’s leading academics on essential facets of taxation — from age-old questions about redistribution to cutting-edge questions about how tax can mitigate climate change. Touching on race, inequality, morality, technology, rights, and more, this book truly supplies a research agenda for tax law.’ -- Ruth Mason, University of Virginia, US‘This is an outstanding introduction to tax research by leading tax scholars around the world. It provides simple guidance and inspiration for researchers who want to explore in depth various contested areas of tax law. It should be read by anyone interested in taxation.’ -- Reuven S. Avi-Yonah, University of Michigan, USTable of ContentsContents: Introduction: Why a Research Agenda in Tax Law? 1 Leopoldo Parada 1 Fundamental rights and tax law 15 Philip Baker 2 Public law and political values in tax law 29 Dominic de Cogan 3 Environmental challenges and tax law 47 Marta Villar Ezcurra 4 New technologies and tax law 65 Luisa Scarcella 5 Tax law, inequality, and redistribution: recent and possible future developments 85 Daniel Shaviro 6 Racial issues in tax law: identification, redress, and a new vision of horizontal equity 105 Alice G. Abreu 7 Taxation and immigration 127 Svetislav Kostić 8 An indirect tax law agenda 145 Giorgio Beretta 9 A European tax law agenda in direct taxation 163 Rita Szudoczky 10 An international tax law agenda 183 Aitor Navarro Ibarrola 11 Conclusions: The future of research in tax law 203 Leopoldo Parada Index

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Book SynopsisThe Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market. This handbook is a detailed reference source of original articles which analyse and critically evaluate the scope of the current paradigm change, and explain why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities. With contributions from a selection of highlyTrade Review“The challenges within the commercial space market are often perceived as technical. And while it is indeed a technical challenge, for example, to land and re-use a rocket booster, or to understand how to perform 3D printing and additive manufacturing in space, the more intractable hurdles may well be economic, financial, regulatory, political, and cultural. In this excellent compilation of writing from experts in the global space sector’s legal and regulatory community, Dr. Lesley Jane Smith and co-editors have assembled a ‘must-read’ for practitioners and scholars alike. The frameworks of Apollo and other large, monolithic, government-driven space programs have given way to a new, multi-variate, and extremely dynamic private-sector, that is moving faster than many of the legal and policy frameworks can adapt. Consequently, this timely compendium from the world’s best thinkers on where the market is headed, challenges that we all face, and regulatory frameworks that must be navigated, is an essential read for our entire community.”John M. Horack, PhD, Professor and Neil Armstrong Chair in Aerospace Policy, The Ohio State University“The economic growth of emerging ecosystems relies wholly on a legal framework that protects the interests of investors, operators and nation states. Without innovative legal frameworks such as those outlined in this book by thought-leading legal scholars in this space, the private space sector would have no basis for growth. This Handbook is essential reading and reference for those executives, policy makers and investors who wish to venture into the growing opportunity of the space sector with clarity on where and how they are best able to contribute to and unlock success in this exciting field.”Prof. Sinead O’Sullivan, Institute for Strategy and Competitiveness, Harvard Business School“Given the rapid growth of the global space economy with projections of a trillion-dollar space economy by the year 2040, The Handbook on Commercial Space Law – Legal Practice(s) for New Space is an extremely timely publication that is certain to become an invaluable reference tool for many years to come to commercial practitioners, policymakers and academics addressing the market changes brought about by NewSpace. In a series of well-structured chapters written by a global cross-section of space specialists, Lesley Jane Smith, Ingo Baumann and Susan-Gale Wintermuth have collected a strong set of contributions that highlight, in a comparative fashion: the main legal challenges posed by NewSpace, how different countries are adapting their national regulatory frameworks, as well as adopting different approaches to foster innovation and support NewSpace.”Lucy Stojak, Chair, Canadian Space Council Directrice exécutive, Mosaic - Pôle créativité et innovation, Montréal (Québec)“The Space economy is entering the Industrial Revolution phase of its rapid development, with both private and public sector investment and satellite launches going exponential, as are the uses for space tech in putting industries such as data centres in space, sourcing solar power from space and observing the earth in new ways. I also believe firmly that a planet of 10 billion people will never achieve net zero without space industrialisation. That is why this book is so timely and useful. As Chair of the world’s first publicly quoted investment trust for space tech I want answers to lots of questions on global commercial space law and here they are. We are in an age of rapid change with consequent instability and in that context the rule of law and its rapid adaptation to technological change is crucial, so I intend to keep my copy of The Routledge Handbook on Commercial Space Law close by.”Will Whitehorn, Chancellor of Napier University, Edinburgh, Former Virgin Galactic, Chair, Seraphim Venture Capital Trust, FRAeS FCILT FMS, Chair, Seraphim Space Investment Trust PLC, Member, UK Space Agency Space Exploration Advisory Committee“This Handbook covers all relevant issues and trends in today’s revolutionary transition from traditional space governance to commercial and privatised NewSpace. The impressive team of editors and contributors provides outstanding insight and guidance for navigating in this new universe of space becoming indispensable for our economies and societies on national levels as well as on a global scale.”Dr. Kai-Uwe Schrogl, President, International Institute of Space Law (IISL), Head of strategy, European Space Agency, Paris“As the space economy gallops ahead with private sector participation extending the earlier generation national space programs, the regulatory landscape that was aligned with the earlier sector construct, starts getting outdated and the need for the regulations to keep pace with the technological and economic developments seems both urgent and important. The value, that this development of private sector participation brings, is demonstrated both with respect to technology disruption and socio-economic impact. The players themselves are rearing to be on the tracks, however as the space activities are unbound by geographical boundaries, the treatment in terms of permissions, issues of commerce, patents, liabilities and rights, social responsibility etc take on a meaning that is not facilitated by the existing national and international construct of laws. This book is more of treatise on this subject and carefully highlights issues and the attempts by some nations to address these. Not all of these are optimal in a fast developing and expanding sector and each new attempt needs to build on the success and concerns that these attempts raise. Equally important is the fact that the private sector needs to be facilitated by these attempts, and have a significant role in not just the outcomes of these deliberations, but also play a constructive role in these developing regulatory landscape. In this direction the book, while being a comprehensive asset to the policy makers is also a significant input for the private sector players themselves to understand the developing regulatory ecosystem, under which they need to survive and thrive.I thank the various experts for sharing the knowledge that stems from their deep engagement in understanding and steering the international deliberations, especially Dr. Ranjana Kaul who helps us see the situation from the India lens. I also thank the Lesley Jane Smith, Ingo Baumann and Susan-Gale Wintermuth for bringing out this compendium of thoughts from all the internationals experts.”Dr. Subba Rao Pavuluri, President, Satcom Industry Association (SIA -India) and CMD Ananth Technologies Ltd“60 years ago, President John F Kennedy addressed Rice University (Texas) on the moon-shot programme. And during that historical speech he determined that ‘The greater our knowledge increases, the greater our ignorance unfolds’. The Editor and Authors of this vanguard Routledge Handbook have delivered a timely compendium of lessons learnt, knowledge gained and the critical challenges and opportunities around the future. And it is genuinely global in perspective yet precise in detail and understanding. It is entirely relevant. The document’s unquestionable strength is the spectrum of contributors and the intelligent fusing of the value that they each add, building knowledge and addressing ignorance. Space today, and as it was 60 years ago, is really hard. But because of the thoughtful, consolidated and extensive approach taken during the compilation of this Handbook, the space practitioner has a comprehensive handrail to the present and the future on which they can confidently rely.”James CMcG Johnston, OBE BSc MIoD FCMI, Director, Transcend Change Limited (commercial and secure government satellite consultant, ex RAF)“Space today offers one of cutting edge and fast-growing opportunity for taking technology into new business. In comparison to well established business areas, such as IT or transport law, the newcomers’ investors in space enterprises might be confused in discovering incomplete legal frameworks depending on where they are based, an apparent maze of regulatory conditions to become applicable, the dispersed availability of proven legal expertise in each jurisdiction. The representatives of the legal community who have undertaken this work are showing how to transition such impressions from complex or frustrating to reassuring and attractive. For both State actors and entrepreneurs, this volume tries to provide a mapping and to illustrate the legal landscape that space investors and operators will find, so to help an understanding of the challenges and opportunities offered by the space business. In this respect this publication is a useful example of how to foster the progressive and beneficial growth of laws and regulations, so to be experienced and leveraged by all kind of space actors and their endeavours. We wish to this collective work a long-term success of followers and so to continue developing our legal practice and business knowledge for using space.”Marco Ferrazzani, Senior Legal Counsel, European Space Agency (ESA)“This innovative book belongs on the shelf of any commercial space lawyer and those seeking to enter this exciting field. This well-researched treatise delves into major new developments in commercial space law such as in-orbit servicing, large constellations, artificial intelligence, big data, private spaceflight, and space resource exploitation. I believe all commercial space lawyers will benefit from the authors’ insight as we draft and review agreements for the novel space activities before us and on the horizon. I certainly will be consulting this book as I wrestle with the challenges of first-of-their-kind commercial space agreements and their national and international implications.”Milton “Skip” Smith, Chair, Aerospace Practice Group, Sherman & Howard, Denver, CO, legal Counsel to the private Dragon CrewTable of ContentsFigures Contributors Foreword Editor’s preface Introduction PART I: General framework and boundary conditions A: Changing institutional roles in space policy1 Towards a new legal ecosystem for the exploitation of space 2 The EU Regulation for the Space Programme: A new framework 3 Commercial space activities in the US: An overview of the current policy and regulatory framework B: Fostering NewSpace: Finance models and favourable jurisdictions4 NewSpace companies: Incorporating and financing operations 5 The Space Protocol of the Cape Town Convention: A tool to promote greater commercialisation and private financing in the space sector C: The international legal framework for licensing space activities: Innovative examples 6 Canada: Past, current, and future space law and policy perspectives 7 National space law and licensing of commercial space activities in Japan 8 Regulating commercial space activities in Australia and New Zealand 9 Practical experiences with Finland’s national space legislation and lessons learned 10 Framework and licensing requirements for space activities in Russia, with a particular focus on the NewSpace sector 11 How China incorporates and fosters commercial space activities by its national space law instruments12 India: Recent developments in space business and regulation D: Fostering innovation through competition and public procurement 13 The EU and ESA rules on public procurement 14 Procurement by ESA in times of pandemic crises 15 NewSpace growth through NASA’s contractual and other transaction authorities 16 Public-private partnership to promote new entrants to space activities in Japan PART II: Specific markets A: Commercial space solutions for earth observation data and space applications 17 Legal considerations for NewSpace companies when selling data (and associated products and services) to the US Government 18 Regulation of commercial Earth observation systems and data B: Large constellations: Frequencies, registration, and interference 19 A satellite operator’s practical experiences with licensing and market barriers for global satellite constellations: The case of OneWeb 20 Registration requirements for satellites and the reality of large constellations: Ensuring a symbiosis of international law requirements and practicability C: New launchers, small launchers, space ports, and space tourism 21 How can the insurance market provide new and effective solutions to NewSpace technologies and services? 22 Legislating for spaceports, commercial space markets, and space tourism D: Space mining 23 National and international norms towards the governance of commercial space resource activity E: Specific aspects of smart contracts and blockchain technology 24 Blockchain and smart contracts in space operations 25 Agile contracts for space projects PART III: Cross-cutting items and challenges A: International standards and export control 26 Export control and NewSpace: Reciprocal challenges B: Active debris removal, on-orbit servicing, and space traffic management 27 Towards space traffic management 28 Future regulatory and licensing trends for active debris removal and on-orbit servicing in the UK and US 29 Legal aspects of ground-based infrastructure for space situational awareness C: Long-term sustainability and the changing nature of space law (cybersecurity) 30 Space cybersecurity and US law 31 NewSpace and ensuring long-term sustainability of the space environment 32 Ensuring space sustainability through national space legislation D: Outlook 33 Mission off-world: A technology-enabled vision for reimagining our society on Earth and beyond Index

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Book SynopsisThis book is the ‘one-stop-shop’ for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as ‘How do I draft my contract clearly?’, ‘What will happen if my contract is interpreted by the English court?’ and ‘Why are liability clauses so full of legal jargon?’, the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.Trade ReviewThis book is an absolute gem...The authors leave no stone unturned as they explore various types of commercial contract...This is a remarkable and highly practical resource that has earned its place on my bookshelf -- Sheyla Rzaeva, Solicitor, Hogan Lovells International LLP, London * Law Society Gazette *The emphasis is on the practical and providing solutions, rather than being a theoretical or scholastic work...This is a book that every lawyer involved in drafting, negotiating and, I would add, ending commercial contracts should have at their fingertips -- Paul Bennett, Partner, Bennett Briegal LLP * The Law Society Gazette *Table of Contents1: Legal formalities for a binding contract 2: The structure and format of the contract 3: Contract drafting techniques 4: Advanced drafting techniques 5: Basic commercial/legal issues affecting contract drafting 6: Interpretation of contracts by the courts - implications for the drafter/negotiator 7: Drafting consumer contracts 8: Legal terms and lawyers' jargon 9: Termination 10: Techniques for checking contracts before signing them 11: Drafting, exchanging and protecting documents electronically Appendix: Sample Agreements

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Book SynopsisTable of ContentsPart I: Legal and Ethical Environment 1. Legal Heritage and the Digital Age 2. Ethics and Social Responsibility of Business 3. Courts, Jurisdiction, and Administrative Law 4. Judicial, Alternative, and E-Dispute Resolution Part II: Constitution and Public Law 5. Constitutional Law for Business and E-Commerce 6. Torts and Strict Liability 7. Criminal Law and Cyber Crimes 8. Intellectual Property and Cyber Piracy Part III: Contracts, Commercial Law, and E-Commerce 9. Formation and Requirements of Contracts 10. Performance and Breach of Contracts 11. Digital Law and E-Commerce 12. UCC Sales Contracts, Leases, and Warranties 13. Credit, Secured Transactions, and Bankruptcy Part IV: Business Organizations, Corporate Governance, and Investor Protection 14. Small Business, General Partnerships, and Limited Partnerships 15. Limited Liability Companies, Limited Liability Partnerships, and Special Forms of Business 16. Corporations and Corporate Governance 17. Investor Protection and E-Securities Transactions Part V: Agency, Employment, and Labor Law 18. Agency Law 19. Equal Opportunity in Employment 20. Employment Law and Worker Protection 21. Labor Law and Immigration Law Part VI: Government Regulation 22. Antitrust Law and Unfair Trade Practices 23. Consumer Protection 24. Environmental Protection 25. Real Property and Land Use Regulation Part VII: Global Environment 26. International and World Trade Law Part VIII: Accounting Profession 27. Accountants’ Duties and Liability Appendices A: The Constitution of the United States of America Glossary Case Index Subject Index

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Book SynopsisThe last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union. As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field. Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK''s departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including ^iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 -

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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 SynopsisThis book provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice.Table of Contents1: Formation and the Concept of Agreement 2: Offers and Invitations to Treat 3: Termination and Revocation of Offers 4: Acceptance 5: Auctions and Tenders 6: Contracts Formed Online and 'By' Computers 7: Letters of Intent and Comfort 8: Conditional Contracts 9: Intention to Contract 10: Certainty and Completeness 11: Consideration 12: Is There a Duty to Negotiate in Good Faith 13: Pre-Contractual Liability

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Book SynopsisPolitical boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs.Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border trTrade ReviewFinancial Institutions in Distress stands out for its significant contribution, shedding light on existing problems and presenting well-reasoned and flexible solutions. It is a must-read for policymakers, regulators, and everyone interested in regulation, recovery and resolution of financial institutions. * Ilya Kokorin, Assistant Professor, Financial Law Department, Leiden University *Table of Contents1: Introduction 2: Why the Special Treatment for Financial Institutions 3: The Regulatory Landscape of Supervision and Resolution of Financial Institutions: A Cross-Border Perspective 4: Resolution and Other Crisis Management Tools 5: The Application of the Regulatory Landscape (I) - Consolidated Systems 6: The Application of the Regulatory Landscape (II) - Emerging Models 7: Principles and Theoretical Foundations of an Effective Financial Institution Resolution Regime 8: Institutional Framework 9: A Model Law on Cross-Border Resolution of Financial Institutions 10: Conclusion

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Book SynopsisIn The Laws of Restitution, Robert Stevens seeks to show that there is no unified law of restitution or unjust enrichment. He also explains how the law of restitution relates to, and is bound up with, areas of contract, torts, equity, and property law.Table of ContentsForeword Preface Part I Introduction 1: Summary 2: Foundations Part II Unjustified Performance 3: Performance 4: Reversal 5: Theory 6: Practice Part III Conditional Performance 7: Conditions 8: Contract Part IV Intervention in Another's Affairs 9: Discharge 10: Necessity Part V Property and Trusts 11: Things 12: Equity: General 13: Equity: Restitution 14: Improvements Part VI Wrongdoing 15: Wrongs 16: Profits 17: Damages Part VII Countervailing Reasons 18: Defences 19: Illegality Part VIII Apologia 20: Conclusion

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Book SynopsisCommercial Law offers a fresh, modern, and stimulating account of this important subject. This accessible and engaging text includes 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.Trade ReviewThe best textbook available. It contains a good level of detail, which encourages fairly deep understanding, and yet is accessibly written. * Dr Lucy Floyd, Programme Lead, Oxford Brookes University *An excellent resource for my students. Accessible, easy to understand, and concise, providing a very good balance between a clear explanation of legal principles and critical analysis. * Dr Muriel Renaudin, Lecturer in Law, Cardiff University *I have no hesitation in recommending it. * Adam Shaw-Mellors, Senior Lecturer, Aston University *Table of ContentsPart I: An Introduction to Commercial Law 1: An introduction to commercial law 2: Personal property Part II: The Law of Agency 3: An introduction to the law of agency 4: The creation of the agency relationship 5: The authority of an agent 6: Relations between principal and agent 7: Relations between principal and third party 8: Relations between agent and third party 9: Termination of agency Part III: The Law Relating to the Domestic Sale of Goods 10: An introduction to the sale of goods 11: The transfer of property and risk 12: The transfer of title by a non-owner 13: Perishing of goods 14: Delivery and payment 15: Statutory implied terms and statutory rights 16: The remedies of the seller 17: The remedies of the buyer 18: Product liability Part IV: The Law Relating to the International Sale of Goods 19: An introduction to international sales and documentation 20: International trade terms 21: Contracts of carriage of goods by sea 22: Marine cargo insurance Part V: Methods of Payment Security and Finance 23: Legal aspects of money and payment 24: Documentary payments 25: Security interests in property 26: Forms of title-based financing Additional Chapters Principles of Insurance Law Aspects of Commercial ADR The UN Convention on the International Sale of Goods

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Book SynopsisCommercial Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students...I am hugely impressed by this little textbook on the substance: it does a better and clearer job at explaining key issues than many of the core texts. - Dr Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham UniversityThe Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others. Carly Hatchard, law student, University of BoltonThis revision guide is excellent ... I would certainly recommend it as a revision aid - Claudia Carr, PriTrade ReviewReview from previous edition It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique * Godwin Tan, law student, University College London *The exam style questions are brilliant and the series is very detailed, prepares you well * · Frances Easton, law student, University of Birmingham *The accompanying website for Concentrate is the most impressive I've come across * Alice Munnelly, law student, King's College London *

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Book SynopsisThis new work contains the most current analysis of the English law of contract. Contract Law in Practice enables easy access to the essence of judgements, and includes clear explanations of the law, especially where the law is unsatisfactory, undecided, or lacks certainty. Written by Neil Andrews--an experienced author--this highly valuable book is essential for all commercial lawyers and anyone interested in this fundamental area of the law.With precise links to cases and important passages of the leading judgements, the analysis is founded in the words of the judgments themselves, enabling clear interpretation of their impact on the shape of the law and easy access to judicial discussion. The coverage is comprehensive, and emphasis is made upon interpreting and elucidating difficult or undecided topics. Substantial references to further reading throughout enable easy research for the reader.The author identifies six key principles of contract law: freedom of contract; objectivity; tTrade Reviewthis book is a refreshing overview of the current state of English contract law, frequently enlivened by Professor Andrews' vivid turn of phrase... it is a valuable addition to the literature. * Sir Kim Lewison, Lord Justice of Appeal, England and Wales, Cambridge Law Journal *The distinctive - indeed to me knowledge unique - feature of this book is that it adopts a different and fresh approach which gives full recognition to the nature and texture of the common law. While the author looks for principles that underpin the case law, he does so at a high level - finding six major organising principles. In discussing topics, he highlights and analyses significant cases, with particular emphasis on cases recently decided. His footnotes refer the reader to the latest academic commentary on controversial points. And in forty-nine places where he finds the law uncertain or in an unsatisfactory state, he provides a critical evaluation of the topic. * Lord Leggatt, Foreword *The reader or user of this book is given an authentic sense of the English common law of contract as a work in progress. The author shows us which topics lie at the law's cutting-edge, how the case law on any particular topic has developed or is developing and how it might or should continue to develop. Readers are also reliably directed to the main up-to-date material which will enable them to engage in the process of interpretation or re-interpretation of the relevant case law themselves. * Lord Leggatt, Foreword *Table of ContentsI: Fundamentals 1: Sources and General Features 2: Principles II: Formation 3: Agreement 4: Certainty 5: Formality 6: Consideration 7: Intent to Create Legal Relations III: Capacity and Parties 8: Capacity 9: Third Parties and Co-Parties 10: Assignment and Agency IV: Vitiation 11: Misrepresentation 12: Mistake 13: Duress 14: Undue Influence 15: Unconscionability V: Illegality and Public Policy 16: Illegality VIL Terms and Interpretation 17: Express Terms 18: Implied Terms 19: Good Faith 20: Interpretation of Written Contracts 21: Rectification 22: Exclusion Clauses and Consumer Protection VII: Descharge and Breach 23: Termination By Notice or Consent 24: Breach 25: Incomplete Performance 26: Force Majeure and Frustration VIII: Remedies for Default 27: Debt and Other Agreed Sums 28: Damages 29: Specific Performance and Other Equitable Remedies

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Book SynopsisAuthored by a leading scholar, Foundations of American Contract Law systematically reconsiders the principal doctrines of contract law. The book's theoretical approach reconciles concerns about fairness, party autonomy, and the purposes that a contract serves for society and the parties themselves.Table of ContentsPart I: Prologue Chapter 1. The Search for System Part II: Enforceability Chapter 2. A Critique of Current Doctrine Chapter 3. Promises to do Favors Chapter 4. Promises to Make Gifts of Money or Property Chapter 5. Fair Exchange (with Hao Jiang) Chapter 6. Voluntary Exchange (with Hao Jiang) Chapter 7. Commitment Chapter 8: Enforcement by Third Parties Part III: The Content of a Contract Chapter 9. Duties Chapter 10. Conditions Chapter 11. Conflicts in the Expression of Assent Part IV: Remedies Chapter 12. Compensation for Harm Suffered and Lost Gain Chapter 13: Compensation for the Value of Benefits Conferred Chapter 14: Disgorgement of the Value of Benefits Received

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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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Table of ContentsForeword ; 1. Introduction ; 2. Construction of Commercial Contracts: A Practitioner's Perspective ; PART I: CONSTRUCTION AND INTERPRETATION ; 3. Overview: the Principles and Policies of Contractual Construction ; 4. Whither Contra Proferentem? ; 5. Construction and Rectification ; 6. Objectivity, Mistake and the Parol Evidence Rule ; 7. Interpretation of Contracts: Concluding Comparative Observations ; PART II: LEGISLATIVE CONTROL OF EXEMPTION CLAUSES AND UNFAIR TERMS ; 8. UCTA thirty years on ; 9. Unfairness and the Consumer Contract Regulations ; 10. Exclusion and Limitation Clauses in Business Contracts: Transparency ; PART III: ISSUES RELATING TO PARTICLULAR TYPES OF TERM ; 11. Excluding Liability for Misrepresentation ; 12. Force Majeure Clauses: the Gap between Doctrine and Practice ; 13. Termination Clauses ; 14. Retention of Title Clauses: a Question of Balance ; 15. Contractual Agreements on Choice of Law: Some Notes Towards an Understanding of their Relative Effect

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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 SynopsisA thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future.The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common FraTrade ReviewA masterly survey of the remedies for breach of contract * Professor Richard Hooley, Cambridge Law Journal *A well-written and highly informative contribution to the literature on remedies for breach of contract... Rowan manages to construct a finely balanced view on how the availability of performance-orientated remedies in English law could (and should) be enhanced, without by-passing or interfering with established tenets of English law If you want to read up on contract law, add it to your essential reading list. * Vanessa Mak, Modern Law Review *The author does a fine job of describing and comparing the different approaches of the English and French legal systems, and, in doing so, she identifies the jurisprudential differences between the two systems. * Howard Hunter, Journal of Contract Law *Table of ContentsPART I: THE SPECIFIC ENFORCEMENT AND THE DISCHARGE OF PRIMARY OBLIGATIONS; PART II: THE SECONDARY OBLIGATION TO PAY DAMAGES; PART III: ENHANCING THE PROTECTION OF THE PERFORMANCE INTEREST

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Book SynopsisThis is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the Trade ReviewThis is an excellent monograph that makes important inroads to investment arbitration and will no doubt make a wonderful companion to anyone with a serious interest in this field. * Ilias Bantekas, Transnational Dispute Management *The author's critical analysis of the multifarious shades and lights of such a complex subject has made it a worthwhile reading for gaining some insight into the subject. International lawyers, international investment lawyers, international arbitration law experts, international arbitrators and academics in the field will find the study of great value for some time to come. The study is a most up-to-date one in the field as well. * A F M Maniruzzaman, Manchester Journal of International Economic Law *Table of Contents1. General Introduction ; 2. Territorialized and Internationalized Arbitration Tribunals ; 3. Choice-Of-Law Rules ; 4. The Scope of the Arbitration Agreement: Claims and Counterclaims of a National and/or International Nature ; 5. The Primary Applicability of National Law and the Role of International Law ; 6. The Primary Applicability of International Law and the Role of National Law ; 7. Concurrent Application of, and Reference to, National and International Law in Case of Consistency ; 8. Concluding Observations

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Book SynopsisThe new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students'' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law.It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections oTrade ReviewThis very well-established book needs no introduction. With contributions from an expanded team of private international law experts, the text covers almost all aspects of English private international law. Especially because it is the last edition on the English position immediately prior to Brexit, this latest edition is a most welcome product. ... It is an understatement to say that this is a huge research resource but being a huge research resource is also why it is so valuable to everyone. * Look Chan Ho, International Company and Commercial Law Review *Table of ContentsPART I: INTRODUCTION; PART II: PRELIMINARY TOPICS; PART III: JURISDICTION, FOREIGN JUDGMENTS AND AWARDS; PART IV: THE LAW OF OBLIGATIONS; PART V: FAMILY LAW; PART VI: THE LAW OF PROPERTY

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Book SynopsisComprehensively integrates business torts (also known as economic torts) and unfair competition actions. The book covers all of the major tort causes of action that one might see in a commercial litigation practice. The book also covers important state, federal, and model statutes. The authors have included numerous questions and problems.

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Book SynopsisThis fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference.This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.Table of Contents1. Law, legal sources and dispute resolution; 2. The criminal and civil courts; 3. Alternative dispute resolution; 4. Business transactions; 5. Contract (2): contents of a contract; 6. Contract (3) vitiating factors; 7. Contract (4): discharge of a contract; 8. Consumer protection and sale of goods and services; 9. Business liability; 10. Vicarious and employers’ liability; 11. Liability for land and environmental damage; 12. Business organisation; 13. Partnership law; 14. Company law (1): the nature and formation of companies; 15. Company law (2): the management and operation of companies; 16. Employment law and health and safety; 17. Individual employment rights (2): equal pay and discrimination; 18. Individual employment rights (3): termination; 19. Health and safety law; 20. Intellectual property rights

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Book SynopsisThis book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more back office' operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of sTable of ContentsPart 1- Emerging Legal Problems and Liabilities for Ship Operators Chapter 1- Sanctions and Money Laundering – Associate Professor George Leloudas Institute of International Shipping and Trade Law, Swansea University Chapter 2- Criminal Liability of Seafarers and Operators- Professor Henrik Ringbom Scandinavian Institute of Maritime Law, Oslo University Chapter 3- Cyber Problems- The Tort Liabilities That Can Be Incurred by Shipowners and Operators Due to Inadequate Cyber Security- Daniel Martin, Partner, HFW, London Chapter 4- Cyber Risks and Insurance- Professor Barış Soyer, Director, Institute of International Shipping and Trade Law, Swansea University Chapter 5- Insolvency Difficulties – Professor Andrew Tettenborn, Institute of International Shipping and Trade Law, Swansea University Chapter 6- Liability for Wrongful Arrest – Sir Bernard Eder Arbitrator, 4 Essex Court, International Judge of the Singapore International Commercial Court, Acting Judge of the Eastern Caribbean Supreme Court Chapter 7- Liability for Wrongful Arrest Euro Style– Associate Professor Frank Stevens Erasmus University Law School, The Netherlands Chapter 8- Electromagnetic Fields and Navigation: On Board Safety in the Radar- Professor Olivier Cachard, University of Lorraine, France Part 2- Ship Operations in a Contractual Context Chapter 9- A New GENCON: Transforming A Standard Charter for the Modern World- John Weale, Fednav, Montreal Chapter 10- Time Charterers’ Employment Orders and Shipowners’ Rights of Indemnity- Professor Simon Baughen, Institute of International Shipping and Trade Law, Swansea University Chapter 12- New BIMCO Clauses and Risk Allocation (Cyber, Piracy, Sulphur) – Professor Richard Williams, Institute of International Shipping and Trade Law, Swansea University Part 3- Back Office Ship Operations Chapter 13- Bunkers – Who Pays When Things Go Wrong? Simon Rainey QC, Quadrant Chambers, London Chapter 14- Contemporary Legal Issues Concerning Ship Managers – Daniel Jones, Clyde & Co, London Chapter 15- Ship Management Agreements for Autonomous Ships – Grant Hunter, Chief Officer for Legal and Contractual Affairs, BIMCO

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Book SynopsisThe book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date.Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK's, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with Table of Contents1. Introduction Section One: History, Issues and Challenges 2. The Evolution and History of Insurance Warranties 3. The Law of Insurance Warranties Prior to the Insurance Act 2015 4. Implied Warranties 5. Challenges and Issues: Problems with the Law on Warranties and Potential Solutions for Resolving Them 6. The Law Commission’s Historic Reviews of Insurance Warranties and Proposal for Reform in England and Wales 1957 to 2012 Section Two: Reform Initiatives in Australia, New Zealand and the UK 7. The Law on Insurance Warranties in Australia 8. The Law on Insurance Warranties in New Zealand 9. The 2014 Law Commission Proposals for Reform of the Law of Warranties 10. The Insurance Act 2015: An Effective Reform of the Law on Warranties? 11. Implied Warranties 12. An International Comparative Analysis: Stress-Testing the Existing Law on Insurance Warranties in Australia, New Zealand and the UK Section 3: An Alternate Approach to the Treatment of Insurance Warranties 13. A New Approach 14 Stress-Testing the Alternate Approach 15. Conclusion

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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 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 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 SynopsisSavage and Bradgate: Business Law made a big impression upon its first appearance six years ago, with its comprehensive and up-to-date coverage of those principles of common law and statute law which regulate business activity in the United Kingdom. This new edition carries on the good work in its critical analysis of the purpose and functioning of the rules and legislation involved, placing emphasis on the rationale of the law and on the economic and politicalcontext within which it operates - all delivered in an uncluttered, straightforward style.Table of ContentsPART I; PART II; PART III; PART IV; PART V; PART VI; PART VII

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Book Synopsis

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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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Book SynopsisWritten by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School''s prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules.An indispensable rTrade ReviewTables of cases, of UK legislation, of international conventions and treaties provide much of the necessary background documentation, and overall this book gives detailed insight into the complexities of multimodal transport while also providing much practical information for legal practitioners. - Marc A. Huybrechts, Leuven University, for Journal of International Maritime LawTable of ContentsPART 1 Carriage of Goods by Sea Chapter 1. Piracy and Contracts of Carriage by Sea Simon Rainey QC Chapter 2. Liability for Defective Containers: Charting A Course between Seaworthiness, Care for the Cargo and Liabilities of Shippers Frank Stevens Part 2 Carriage of Goods by Land and Air Chapter 3. Liability, Jurisdiction and Enforcement Issues in International Road Carriage - CMR Carrier Liability in the Netherlands and Germany and the Influence of the EU Dr Marian Hoeks Chapter 4. Integrating International Air and Road Carriage: Operational and Liability Issues Dan Soffin Chapter 5. Multimodal Transport under the Warsaw and Montreal Convention Regimes: A Velvet Revolution? Dr George Leloudas Part 3- Multimodal Transport: Current Practice and Future Chapter 6. Who Contracts with Whom? An Analysis of Chinese Exports to the United Kingdom Craig Neame Chapter 7. Of Bills of Lading, Multimodal Transport Documents, and Other Things Professor Andrew Tettenborn Chapter 8. International Sale Contracts and Multimodal Transport Documents- Two Issues of Significance Professor D. Rhidian Thomas Chapter 9. All tied up? The Potential Impact of the Rotterdam Rules on Shippers’ Obligations to Carriers under Bill of Lading Clauses in respect of Goods Shipped David Glass Chapter 10. Multimodal Bills of Lading and Limitation Christopher Hancock QC Chapter 11. The Quest for An International Multimodal Transport Convention: Does the CMR Liability System Fit the Bill? Dr Theodora Nikaki Chapter 12. The Overall Impact of the Rotterdam Rules on the Liability of Multimodal Carriers and their Sub-contractors Professor Richard Williams Chapter 13. The European Project on Sustainable Multimodal Transport – Is a Harmonized Liability System the Right Tool? Dr Ellen Eftestøl-Wilhelmsson Part 4 Market Participants Chapter 14. The Liability of Freight Forwarders Professor Francis Reynolds QC Chapter 15. Terminal Operators and Liability for Cargo Claims under English Law Mr Simon Baughen Chapter 16. Cargo Insurance in the Multimodal Context – Full and Complete Cover? Professor Barış Soyer

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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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Book SynopsisA simple, practical guide to help not-for-profit organizations lobby local, state, and federal legislative bodies Only a fraction of not-for-profit organizations take advantage of the legislative process in representing their members and their organization''s goals. Yet lobbying is an important way to gain visibility, attract members, and find new sources of funding. This book is designed to help the modern not-for-profit develop and implement an effective lobbying program without jeopardizing its tax-exempt status. Dr. Pidgeon and the contributers he has assembled provide in-depth analysis of all the major issues of the lobbying process, including: * The basics of lobbying * The structure of local, state, and federal government * Using the mass media to spread the message * Political action committees (PACs) * Marketing and communication strategies * Strategic partnerships * The legal aspects of government affairsTrade Review"Pidgeon writes that the goal for the book is to provide a guide for nonprofit leaders on launching or refining a government affairs program. By any reasonable measure, the book is wildly successful. No one charting a course through the legislative wilderness should be without Pidgeon's well-crafted map." (Philanthropy Magazine, 10/01)Table of ContentsPreface. Foreword. THE LEGISLATIVE/GOVERNMENT AFFAIRS PROCESS AND THE NOT-FOR-PROFIT (W. Pidgeon). The Significant Role That the Legislative Process Can Play in Fulfilling the Mission of a Not-for-Profit (D. Kushner). Introduction to the Legislative Process (W. Horn). SUCCESSFUL METHODS USED BY NOT-FOR-PROFITS (W. Pidgeon). Achieving Impact through Political Involvement (J. Kalavitinos). Adding Light to the Heat: Using the Mass Media to Support Your Issues (R. Story). Developing Partnerships for Greater Success (R. Goodwin). The Use of Outside Legislative Consultants: When and How to Hire a Lobbyist. (J. Chwat). THE LEGAL ASPECTS OF GOVERNMENT AFFAIRS AND LOBBYING (W. Pidgeon). The Legal Aspects of Government Affairs and Lobbying. (B. Hopkins). DEVELOPING A STRATEGIC PLAN FOR A NOT-FOR-PROFIT (W. Pidgeon). A Strategic Plan for Success (W. Pidgeon). Ten Fundamental Keys to a Successful Government Affairs Program. Reference Guide to Organizational Support. The Accompanying CD-ROM and How to Use It. End Notes. Index.

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Book SynopsisThis inaugural volume of the Wiley Restaurant Basics Series is the first professional-level book on the legal challenges faced by restaurant managers.Table of ContentsPreface. Acknowledgments. Restaurant Managers and the Law. Restaurant Contracts. Restaurant Operating Structures. Legal Responsibilities of Managers. Managing Within Regulatory and Administrative Requirements. Managing Insurance. Legal Issues in Selecting Employees. Legal Aspects of Employee Management. Duties and Obligations of Restaurant Managers. A Manager's Legal Responsibilities to Customers. Legal Concerns in Serving Food and Beverages. Legal Aspects of Safety and Security Management. Appendix A: Sample Banquet Contract. Appendix B: Sample Meeting Space Contract. Appendix C: Sample Contract for Sale of Goods. Appendix D: Publications on Government Regulations. Appendix E: Sample Job Description. Appendix F: Guidelines for Appropriate Interview Questions. Appendix G: Sample Employee Consent Form for Drug Testing. Appendix H: Sample Consent Form Authorizing Background Check. Appendix I: Sample Form 1-9. Appendix J: Form 1-9 Qualifying Documents. Appendix K: Sample Demand Letter. Appendix L: Sample Incident Report Form. Appendix M: Sample Lost and Found Tracking Form. Appendix N: Sample Employee Privacy Policy. Appendix O: Sample Property Safety and Security Checklist. Appendix P: Sample Emergency Telephone List. Appendix Q: Sample Fire Emergency Plan. Appendix R: Manager's Responsibilities in a Crisis. Index.

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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 SynopsisThis text provides a clear and concise introduction to the legal framework surrounding international trade.Trade Review"A comprehensive introduction to the key areas of law that apply in international business." Book News "It is well suited for a textbook at the undergraduate level of perhaps business school." Journal of International Banking LawTable of ContentsList of Figures and Specimens. Foreword. Series Editor's Introduction. About The Institute of Export Examinations. Preface. Dedication. Part I: Principles of the Law of Contract: . 1. Elements of Contract. 2. Terms of a Contract. 3. Misrepresentation. 4. Mistake. 5. Remedies for Breach of Contract. 6. Discharge of Contract. 7. Arbitration. 8. Law Governing a Contract. Part II: Agency Law:. 9. Agency. 10. Exemption Clauses. Part III: Sale of Goods Act 1979:. 11. Sale of Goods. 12. Right of Disposal (Romalpa Clauses). 13. Seller's and Buyer's Remedies. 14. Introduction of CIF and FOB Sales. Part IV: Competition Law:. 15. Restrictive Trade Practices. 16. Free Movement of Goods in the European Community. Part V: Legal Aspects of the Finance of Exports: . 17. The Law Relating to Export Finance. 18. Letters of Credit. Part VI: Export Insurance:. 19. Marine Insurance. 20. General Average. 21. Institute Cargo Clauses. Part VII: Legal Aspects of Carriage by Sea, Air and Road:. 22. Carriage of Goods by Sea. 23. Carriage of Goods by Air. 24. Carriage of Goods by Road. Index.

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Book SynopsisSince it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way.Trade Review"The fact that this book, by a respected and highly experienced engineer and arbitrator and first published in 1982, has now reached its fifth edition is in itself a tribute to its quality. It is an excellent short guide to a complex subject, written in clear English..." CIArb Journal, November 2001Table of ContentsForeword. Preface to the Fifth Edition. 1. Introduction. 2. Arbitration Agreements. 3. Appointment of the Arbitrator. 4. Jurisdiction of the Arbitrator. 5. The Preliminaries. 6. Evidence. 7. The Hearing. 8. The Award. 9. Costs. 10. Powers of the Court in Relation to the Award. 11. Dispute Avoidance and Management. Appendices. A. Specimen Documents. B. The Arbitration Act 1996. C. The Arbitration Act 1950: Part II. D. The Scheme for Construction Contracts (England and Wales) Regulations 1998. E. The Unfair Terms in Consumer Contracts Regulations 1999. F. The Unfair Arbitration Agreements (Specified Amount) Order 1999. G. Interest Tables. Bibliography. Table of Cases. Index.

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Book SynopsisHow far should society go in permitting people to buy and sell goods and services? Radin addresses this controversial issue in an exploration of contested commodification. As a philosophical pragmatist, the author argues for an incomplete commodification, in which some contested things can be bought and sold, but only under regulated circumstances.Trade ReviewRadin's book is both complex in structure and highly nuanced in argument. Essentially it is a critique of existing theories of commodification that develops a distinctive approach to understanding commodification...Radin, like liberal political theorists, seeks a middle way between universalized commodification and universalized noncommodification, instead of a thesis of compartmentalized commodification she offers a thesis of 'incomplete commodification'...[An] insightful and rewarding book. -- Deryck Beyleveld * Journal of Law and Society *In this thought-provoking book Margaret Jane Radin asks us to consider whether there are some areas of social life which should be off-limits to the market, and whether some human interactions should be exempted from market-style forms of description and analysis. Although Radin is not the first theorist to address these issues, her eloquently written book contains some of the most sophisticated treatment they have received thus far. She convincingly makes the point that unless we transcend those models of human behaviour which characterize all human interactions as market exchanges, we may find ourselves unable to engage in the forms of valuing required for the maintenance and promotion of a humane society...The book represents a significant contribution to debate about the role of markets and market ideology in modern democratic polities. Future discussions of these issues will undoubtedly be influenced by Radin's work. -- A. J. Walsh * Philosophical Quarterly *Margaret Radin asks, why not put everything up for sale? Her answer is that doing so would impair human flourishing by compromising the social contexts needed for personhood. She offers a general approach to determining the ethical limits of markets and shows how it works in cases ranging from organ sales, prostitution, and commercial surrogate motherhood to the 'free marketplace of ideas,' compensation in torts, and public choice theories of democracy. Radin's contributions to this controversy are consistently illuminating and through provoking...For anyone interested in the ethical limitations of markets, this book is required reading. -- Elizabeth Anderson * Ethics *What does it say about us, and what does it do to us, when we talk about people as commodities to be traded in the market? Radin's profound, subtle, and disturbing book asks how the texture of our human world may be altered by ways of speaking and thinking, apparently innocuous and nicely scientific, that we import from market economics and use to characterize non-market behavior. A distinguished writer about property law, Radin avoids facile answers and stresses the complexity of the issue. Nonetheless, she leaves her reader with a warning: the models we use shape the people we may become. One day we may find to our grief (or, worse still, lack of grief) that our intellectual inventions have reinvented our world. -- Martha Nussbaum, University of ChicagoProfessor Radin has brought very considerable intellectual courage and perspicacity to bear on one of the most vexing and central issues in any liberal, market-based society--where should the market (and market rhetoric) end, and politics begin in the allocation of scarce resources? Law and economics scholars, who more or less assume the virtues of the private market, in most contexts, will be especially challenged by Radin's anlysis. Her book is also beautifully written and displays an elegance and lucidity that is absent in much modern legal scholarship. -- Michael J. Trebilcock, University of TorontoAt a time when belief in markets is ascendant throughout the world, Contested Commodities challenges--at the most fundamental level--the very idea of exchanging things for money. Margaret Jane Radin's arguments are subtle and nuanced, and her central claim about the potentially dehumanizing effects of exchange is powerful and important. No one in recent decades has made this case against the dominance of markets as well as Radin. -- David Strauss, University of Chicago

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Book SynopsisThese essays assess specific themes in legal historian Morton Horwitz’s work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

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Book SynopsisTrade Review"The book is worth reading from cover to cover. It is thoughtful, well written, lucidly surveys some well-known material, and brings useful insights using some of the tools of industrial organisation economics."---Geoffrey Wood, Central Banking Journal"Competition and Stability in Banking can be said to represent the best of available knowledge. . . . An impressive work of one of the leading economists in the field. It is first of all a (rather: the) new textbook on a Master or PhD level. Yet, it should also be mandatory reading to all economists (and lawyers) working in official or government agencies related to either banking regulation and supervision or competition."---Urs Birchler, Journal of Economics and StatisticsTable of ContentsList of Figures and Tables xi Preface xiii Abbreviations xvii Chapter 1 Introduction 1 Chapter 2 Trends in Banking 7 2.1 The Expansion of the Financial Sector, Economic Growth, Financial Innovation, and Systemic Risk 10 2.1.1 Financial Sector Growth and Economic Growth 10 2.1.2 Financial Innovation and Systemic Risk 12 2.2 Business Models and the Challenge to Traditional Banking 18 2.2.1 Business Models and New Competitors 18 2.2.2 The Evolution of Competition 21 2.3 Consolidation and the Evolution of Concentration 27 Chapter 3 Fragility in Banking and the Role of Regulation 37 3.1 The Uniqueness of Banks and Fragility 37 3.1.1 The Roots of Fragility 38 3.1.2 Contagion and Systemic Risk 40 3.1.3 Social Cost of Failure 43 3.2 Shadow Banking and the 2007-2009 Crisis 44 3.3 Regulation and Financial Stability Facilities 47 3.3.1 Regulatory Aims and Tools 47 3.3.2 Prudential Regulation and the Safety Net 48 3.3.3 Bailout Distortions 50 3.3.4 Resolution 51 3.4 The 2007-2009 Crisis, Regulatory Failure, and Regulatory Reform 53 3.4.1 The 2007-2009 Crisis and Regulatory Failure 53 3.4.2 Macroprudential Regulation 56 3.4.3 Regulatory Reform 57 3.5 Regulation in Emerging/Developing Economies 64 Chapter 4 The Analysis of Competition in Banking: Theory and Empirics 70 4.1 Theoretical Models 72 4.1.1 Pricing 72 4.1.2 Product Differentiation 73 4.1.3 Frictions: Switching Costs and Asymmetric Information 74 4.1.4 Network Externalities and Two-Sided Markets 76 4.1.5 Market Structure, Entry, and New Competitors 79 4.1.6 Mergers 83 4.2 Empirical Studies 85 4.2.1 The SCP Paradigm 85 4.2.2 The New Empirical IO 88 4.2.3 The Impact of Deregulation 91 4.2.4 Asymmetric Information and Relationship Banking 93 4.2.5 Mergers 94 4.3 Behavioral Industrial Organization and Banking 97 4.3.1 Behavioral Biases and Their Impact on Consumer Behavior 98 4.3.2 Biases in Financial Markets 100 Chapter 5 Competition, Regulation, and Stability in Banking: Theory and Evidence 106 5.1 Competition and Stability: The Theory 106 5.1.1 Competition and Runs 106 5.1.2 Competition and Risk Taking 109 5.2 Competition and Stability: The Evidence 115 5.2.1 Competition and Systemic Risk 115 5.2.2 Liberalization, Risk Taking, and Systemic Risk 116 5.2.3 Concentration, Competition, and Stability 118 5.2.4 Consolidation, Diversification, Internationalization, and Stability 121 5.2.5 Lessons from the Subprime Financial Crisis 122 5.3 Interaction of Competition Policy and Regulation 124 5.3.1 The Competition-Stability Trade-Off and Regulation 124 5.3.2 The Competition-Stability Trade-Off in Emerging Economies 129 5.3.3 Coordination of Competition Policy and Prudential Regulation 130 5.4 Assessment of the Regulatory Reform Post 2007-2009 Crisis 134 Chapter 6 An Overview of Competition Policy Practice 141 6.1 The Concerns of the Competition Authorities in the EU and the UK 142 6.1.1 The EU 142 6.1.2 The UK 143 6.2 Market Definition 146 6.3 Mergers 149 6.3.1 The United States 150 6.3.2 The EU 151 6.4 Cartels and Restrictive Agreements 154 6.4.1 International Cartels 156 6.4.2 Credit Cards and Two-Sided Markets 159 6.5 State Aid in the EU 161 6.6 Consumer Protection and Behavioral Banking 163 6.6.1 The United States 166 6.6.2 The EU 168 6.7 Banking Competition Policy in Emerging Economies 170 6.7.1 Brazil 170 6.7.2 China 172 6.7.3 India 174 6.7.4 Mexico 175 6.7.5 Russian Federation 178 6.7.6 Southern Mediterranean Countries 180 Chapter 7 Competition Policy, Regulatory Architecture, and Public Intervention in the Crisis 183 7.1 Regulatory Architecture and the Competition Authority 183 7.1.1 The Design of the Financial Regulatory Architecture 183 7.1.2 The EU 190 7.1.3 The UK 195 7.2 Public Intervention, State Ownership, and Competition Distortions 199 7.2.1 Systemic Crisis, State Aid, and Competitive Distortions 199 7.2.2 State Ownership in Banking 201 7.2.3 Savings Banks 202 7.3 Competition Policy and State Aid in the EU 205 7.3.1 The 2007-2009 Crisis and Banking Resolution Tools 206 7.3.2 State Aid and Competition Distortions 209 7.3.3 Competition Policy, TBTF, and Moral Hazard 213 7.4 Merger Policy and the "Failing-Firm Defense" Doctrine 215 7.4.1 The United States 215 7.4.2 The UK 216 7.4.3 The "Failing-Firm Defense" in Banking 217 7.4.4 Spain 218 Chapter 8 Summary of Findings and Policy Implications 222 8.1 Summary of Findings 222 8.1.1 Evolution of Banking 223 8.1.2 The Role of Regulation and the Response to the 2007-2009 Crisis 224 8.1.3 The Nature of Competition in Banking 227 8.1.4 The Trade-Off between Competition and Stability 229 8.1.5 Competition Policy Practice in the Banking Sector 231 8.2 Policy Implications 233 8.2.1 Competition Policy Recommendations 233 8.2.2 Assessment of Regulatory Reform 235 8.2.3 Regulation and Competition Policy Must Be Coordinated 237 8.2.4 Regulatory Architecture 239 8.3 Challenges 241 Notes 245 References 283 Index 315

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Book SynopsisTrade Review"The book is worth reading from cover to cover. It is thoughtful, well written, lucidly surveys some well-known material, and brings useful insights using some of the tools of industrial organisation economics."---Geoffrey Wood, Central Banking Journal"Competition and Stability in Banking can be said to represent the best of available knowledge. . . . An impressive work of one of the leading economists in the field. It is first of all a (rather: the) new textbook on a Master or PhD level. Yet, it should also be mandatory reading to all economists (and lawyers) working in official or government agencies related to either banking regulation and supervision or competition."---Urs Birchler, Journal of Economics and Statistics

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