Commercial law Books

Book SynopsisThe 2nd edition of this successful book provides a fully updated, succinct examination of the principles of agency law. The book explores the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.Table of Contents1. Agency: A Flexible Institution 2. Commercial Agency 3. Actual Authority 4. Apparent Authority 5. Ratification 6. Agents’ Performance Obligations 7. Agents’ Fiduciary Obligations 8. An Agent’s Financial Rights Against the Principal 9. Agency and Contract 10. Agency and Tort 11. Termination of Authority

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Book SynopsisThis book explores the correlations of diversity and power in UK boardrooms and the difficulties inherent in truly merit-based appointments. From a distance, boardroom diversity is seen as a UK success story of recent years. A closer look at boardrooms reveals a more uncomfortable truth: boards can be split into tracks of power and diversity. Where there is a concentration in power, genuine diversity is much less prevalent. Using the FTSE 100, the book examines the appointment and retention of the most powerful positions in some of the world’s most powerful corporations. Diversity, merit and power are each defined and measured individually, then considered cumulatively, to provide fresh insights into the meaning of corporate power, who wields it and how it is obtained. This analysis is considered alongside the diversity narratives created by the FTSE 100 to frame their position on diversity. From this, the value of corporate ‘diversity speak’ is challenged, together with the regulatory requirements that result in its production. Those studying or practising corporate law or management and anyone with an interest in corporate power will find this in-depth assessment thought-provoking and informative. From the book’s original vantage point, suggestions are made as to how and why we might seek a more balanced distribution of power in the boardroom.Table of Contents1. Those Who Seek Power Part One: In Theory 2. C-Suite Diversity and its Antecedents 3. Theories of Merit and Power Part Two: In Practice 4. Diversity 5. Merit 6. Power 7. The Framing of Diversity and Merit in the Boardroom 8. From Sweet Talkers to Deniers Part Three: Choices 9. Diversifying Power Through Regulation 10. A Holistic Approach 11. Conclusion

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Book SynopsisAn updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, ‘fundamental breach’, etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the ‘requirement for reasonableness’ - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.Trade ReviewThe most recent and up-to-date statement available on exemption clauses and unfair terms … The work will be of terrific value to practitioners and advisers alike. * Elizabeth Robson Taylor MA and Phillip Taylor MBE, Richmond Green Chambers *Table of ContentsIntroduction 1. Incorporation 2. Construction 3. The Unfair Contract Terms Act 1977 4. Unfair Terms in Consumer Contracts 5. Exemption Clauses and Third Parties 6. Misrepresentation and Exemptions 7. Exemptions and Fiduciary Duties

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Book SynopsisThis is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers). Recent case law includes: · Pitt v Holt (SC) – trustee decisions (2013) · Braganza (SC) – contractual discretions (2015) · Eclairs (SC) – directors powers: proper purposes (2015) · IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017) · British Airways (CA)– pension plan – proper purposes (2018) The book reviews the relevant doctrines of: · Interpretation rules · Proper purposes; · Due consideration of relevant factors · Full perversity (no reasonable decision maker) This title is included in Bloomsbury Professional's Pensions Law online service.Trade ReviewIf any textbook can be thoroughly recommended to Trust Quarterly Review (TQR) readers, this is it. It is a truly international survey of the – quite radical – developments introduced into the circumstances where the courts will intrude into decision-making by, among others, trustees. * Trust Quarterly Review *This book should be attractive to the entire range of legal professionals, including academics and practitioners, and not only those operating in the superannuation field. Pollard has accomplished the difficult feat of presenting the material in a way that is accessible to practitioners while ensuring that the content is comprehensive, thoroughly researched and argued in a way that should make it an indispensable resource for those involved in their own research and teaching in the area. … I have already had occasion to resort to my review copy in providing advice to clients and am certain I will be using it in future research projects. * Dr Nuncio D’Angelo, Australian Law Journal *Table of ContentsPart 1: Introduction 1. Introduction Part 2: Legal review of decisions: General 2. Legal review of decisions: Major Tests 3. Expanded outline of major tests 4. Exceptions and qualifications 5. Public Law analogy in private law discretions? 6. Construction – General 7. Interpretation of Pension Schemes Part 3: Types of decision and who is the decision maker 8. Nature of discretion 9. Who is the decision maker? Part 4: Proper Purposes – Applying Eclairs 10. Proper purposes: Introduction 11. Eclairs 12. The proper purpose test 13. Purpose test in Trust Law and Company Law 14. How is the proper purpose test applied? 15. Can proper purposes apply where there has been a failure to act? 16. How is the decision maker’s purpose worked out? 17. Causation/More than one motive or intention 18. More than one decision maker 19. Purpose verses motive? 20. Effect of improper exercise 21. Proper Purposes: Conclusion Part 5: Proper Purposes – Application to Pension Schemes 22. Proper Purposes and pension schemes: Introduction 23. Pension scheme and Trustee powers 24. Overall Purpose of a pension scheme 25. Pensions: Main purpose verses Sole purpose? 26. Pension trusts: Examples of the application of the proper purpose test 27. Pension schemes: Amendment powers/Change of Principal 28. Transfers-in 29. Transfers out: Fletcher Challenge and ITS v Hope 30. Investment 31. Early retirement reduction 32. Commutation factors 33. Pension increases 34. Winding-up a pension scheme? 35. Pension Regulator powers 36. Trustees exercising powers fairly 37. Pension Trustees and Proper Purposes: Overview 38. No literal ‘best interests’ duty for trustees Part 6: Braganza 1: Due consideration of relevant factors 39. Braganza – a landmark case 40. Braganza: the Decision 41. The Braganza rationality Test 42. Trustees and Braganza: Beyond a Good faith test 43. Trustees and public law analogies following Braganza 44. Does Braganza apply to all commercial discretions? 45. Intensity of review 46. Braganza first limb – process: relevant factors 47. Trustees and relevant factors: Pitt v Holt compared with Braganza 48. Three types of relevant factors: the public law approach 49. Limits on enquiries: properly informed, but not an ‘endless search’ 50. Weight given to factors Part 7: Braganza 2: No reasonable decision maker: Perversity 51. Braganza 52. Arbitrary, capricious etc 53. Timing for irrationality? 54. What if one reasonable decision maker would have made the same decision? 55. Braganza 2 test is a limit on a power? Part 8: Braganza rationality tests: interaction with the proper purpose test 56. Braganza and proper purposes tests 57. Braganza and MDTC/Contractual/Imperial duty Part 9: Further common issues on the proper purposes and Braganza tests 58. Multiple decision makers 59. Decision maker would have made the same decision anyway? 60. Decision maker giving reasons Part 10: Remedies for a Failure? 61. Remedies 62. Fiduciary Duties 63. Reversal or cancellation of the decision: void or voidable 64. Damages or equitable compensation for breach of trust/duty 65. Impact on third parties 66. Removal of the decision maker 67. Exclusion clauses 68. Overturning a decision – reference back to decision maker Part 11: Trustees and Directors: Fetters on Discretion 69. Discretions and fetters 70. Statements of a no fetter rule 71. Fetters: Some older cases 72. The Fetters rule gets more sensible: three modern cases: Thorby; Cabra Estates and Firkin-Flood 73. Fetters: Modern position 74. Pension schemes and fetters 75. Fetters: is public law any guide? 76. Fetters: Directors and Companies 77. Fetters and changes of trustees 78. Fetters: Outside parties 79. Fetters: Impact on Third parties 80. Fetters and a Power of amendment 81. Setting policies or guidelines?

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Book SynopsisSince the last edition ten years ago the pace of technological and legal change has stepped up even more than before with previous editions. New legislation is in force such as the General Data Protection Regulation (GDPR) and UK Data Protection Act 1998 and from 1 January 2021 "UKGDPR". The UK Information Commissioner has been looking closely at "Ad Tech" and what has become known as "big data" and how data are gathered on-line. Intellectual Property law in the ecommerce area has also changed. There is a very recently agreed new EU copyright directive which is due to be implemented in the 27 EU member states (but not the UK) in 2021. The post-Brexit transition period expired on 31 December 2020 which has implications for the application of ecommerce law in a number of different areas which are all addressed in the new addition. The 2010 EU vertical regulation and guidelines have recently been built on with the EU "geo-blocking" regulation and the related EU Commission's initiatives in relation to ecommerce in the anti-trust area. In 2020 the UK implemented changes in relation to EU law in the revised 2018 Audiovisual Media Services Directive (AVMS) through the Audiovisual Media Services Regulations 2020 which are addressed in the new edition as post-Brexit the UK is retaining this legislation. Other updates include the distance selling legislation in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 which came into force since the last edition. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.Table of ContentsChapter 1: Technological convergence Chapter 2: Digital rights Chapter 3: Brands Chapter 4: Data in a digital world Chapter 5: Digital marketing Chapter 6: User-generated content and social media Chapter 7: The Audiovisual Media Services Directive Chapter 8: Video-on-demand Chapter 9: Contracting Appendix 1 Information to be provided on the supplier’s website and prior to formation of a contract with a customer Appendix 2 Information to be provided in a ‘durable medium’ (eg an email or in permanent form online) Appendix 3 Wholly and partially exempt contracts Appendix 4 Execution of deeds Appendix 5 250 Model form for cancellation of distance contract Chapter 10: Jurisdiction and enforcement

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Book SynopsisDirectives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.Table of ContentsPart I: Validity of Directives Chapter 1 General Introduction: the Legislative Competence of the Community; Chapter 2 Legislative Discretion Chapter 3 Legislative Procedures Chapter 4 Legal Basis Chapter 5 Legal Formalities Chapter 6 Substantive Legal Requirements Chapter 7 Challenging the Validity of Directives Chapter 8 Obtaining Damages from the Community Part II: Obligations of Directives Part A - Transposition and Implementation Chapter 9 General Introduction: the Nature and Scope of Obligations Chapter 10 Transposition Chapter 11 Implementation Chapter 12 Defences to Breaches of the Obligation to Implement Part B - Remedies for Breach of Obligations Chapter 13 Enforcing Obligations by Direct Action Chapter 14 Direct Effect; Chapter 15 Damages; Chapter 16 Restitution, Injunctions, Declarations Part III: Meaning of Directives Chapter 17 General introduction: the Function of Interpretation Chapter 18 Interpretation and the Court of Justice Chapter 19 Interpretation and the English Courts Chapter 20 The Duty to Interpret and the Meaning of National Legislation Chapter 21 References to the Court of Justice

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Book SynopsisCommercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.Trade Review "...a leading textbook in the commercial agents’ field..."Mr Jasbir Dhillon QC, Computer Associates Ltd. v. The Software Incubator Ltd"...a leading textbook in the commercial agents’ field..."Mr Jasbir Dhillon QC, Computer Associates Ltd. v. The Software Incubator LtdTable of Contents1. General Introduction 2. Commercial Agents and Commercial Agency Agreements 3. Performance of the Commercial Agency Contract 4. The Commercial Agent's Remuneration 5. Termination of the Commercial Agency Contract and its Consequences for the Parties 6. Calculating the Termination Payments Due to the Commercial Agent 7. Competition Law 8. General Conclusion

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Book Synopsis“With the ever increasing number of claims against directors and officers, this book provides a very welcome addition to the bookshelves which hitherto have lacked books on this important area” - Alison Green, Chairman of the Trustees of the BILA Charitable Trust. This book scrutinises the origins and the rationale underlying D&O insurance, and provides answers to the question of protecting directors against the potential liabilities they may face. It provides clear understanding about D&O policies wording, exclusions and issues of misrepresentation. The information contained in this new book includes Nature and Legality of D&O Liability Insurance, D&O Exclusions, Directors’ and Officers’ Liability to Third Parties, Directors’ Liability at Civil Law, D&O: Defence Costs Cover and Allocation, Aggregation Principles and D&O Cover and the Reinsurance of D&O Policies.Table of ContentsChapter 1 Introduction to Liability Insurance Chapter 2 The Nature and Legality of D&O Liability Insurance Chapter 3 Persons Covered by D&O Insurance Chapter 4 D&O Exclusions Chapter 5 Sources of Liability and the Consequential Loss: D&O Covered Risk Chapter 6 Directors' and Officers' Liability to Third Parties Chapter 7 Directors' Liability at Civil Law Chapter 8 D&O Defence Costs Cover and Allocation Chapter 9 The Reinsurance of D&O Policies

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Book SynopsisPractice and Procedures of the Commercial Court is primarily intended as a reference for those who practice in the Court, it also sets those practices and procedures in context, including the Commercial Court’s history. It includes the principles and procedure for obtaining and discharging freezing injunctions and the procedures for The Court’s supervisory jurisdiction over arbitrations as well.Table of ContentsChapter 1. The Origin and Development of the Commercial Court Chapter 2. The Commercial Court Users' Committee Chapter 3. The Business of the Commercial Court, The Rules and Practice Directions and the Commercial Court Guide Chapter 4. Commencement of Proceedings and Statements of Case Chapter 5. Case Management Chapter 6. Pre-Trial Applications in the Commercial Court Chapter 7. Freezing Injunctions Chapter 8. Documents and Evidence in the Commercial Court Chapter 9. Trials in the Commercial Court Chapter 10. The Commercial Court and Arbitration Proceedings

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Book SynopsisCurrency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element.The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad."Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance."The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency."The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012Trade Review"An excellent text in a field of great complexity... The text is comprehensive in seeking to cover a wide range of areas in which foreign currency issues may become relevant, and has been prepared by authors who are plainly well-suited to their task. The text will appeal to solicitors and barristers who need to argue these matters, but it also contains much discussion of real academic value."Charles Proctor Partner, Fladgate LLP"On any view, this is a most remarkable book… a well-researched, masterly study of a difficult subject. The authors tackle head-on practical problems concerning foreign currency claims in disparate areas of the law and, where appropriate, happily stick their necks out in expressing their views. Praise be to the brave. The result is a unique book which provides excellent and invaluable guidance for anyone concerned with claims in a foreign currency."Hon Sir Bernard Eder, The Law Quarterly ReviewTable of ContentsForeword, The Rt Hon The Lord Phillips of Worth Matravers Chapter 1: IntroductionChapter 2: Basic ConceptsChapter 3: Sterling: its Historical Role, and the Decline that Led to a Change in the LawChapter 4: The Euro ZoneChapter 5: The Change in English Law Introduced by Miliangos and its ForebearsChapter 6: ContractChapter 7: TortChapter 8: Restitution and Unjust EnrichmentChapter 9: The Law of Trusts and FiduciariesChapter 10: Claims Against Limited or Common FundsChapter 11: Set-offChapter 12: InterestChapter 13: Are currency exchange losses recoverable as damages?Chapter 14: Procedure and EvidenceChapter 15: Fiat Money, Legal Tender and Alternative Money

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Book SynopsisThe validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.Table of ContentsChapter 1: Contracts, Consent and VitiationChapter 2: IncapacityChapter 3: DuressChapter 4: Undue InfluenceChapter 5: Contracts with Parties in a Weaker PositionChapter 6: MistakeChapter 7: Misrepresentation and DeceitChapter 8: Pre-Contractual Non-Disclosure

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Book SynopsisThe unique features of the Lloyd’s Corporation and Market and their governing rules are complex and are often difficult to navigate even for the most seasoned practitioner. This book provides the reader with a definitive and detailed guide, and is essential for any practitioner dealing with Lloyd’s Insurance. After a brief historical account, the book provides a thorough legal description and analysis of Lloyd’s, which includes topics ranging from the constitution and membership requirements of Lloyd’s, UK and overseas regulation, the processes for placing and underwriting business and handling claims, chain of security, enforcement and disciplinary matters, compensation and the reconstruction and the renewal of the Lloyd’s market between 1990 and 1996. The book will be an invaluable reference tool for insurance practitioners and professionals dealing with Lloyd’s.Julian Burling is a barrister at Serle Court, and has been involved in advising on and implementing nearly all significant legal developments at Lloyd’s in the last 25 years.Trade Review"This is an excellent new book which deserves praise of the highest order: in its specialist field it makes a material contribution to the broadening of knowledge and understanding. It is a book which will serve the needs of many with an interest in the Lloyd's market and it may be said of any insurance library that does not have this book on its shelves that it is to that extent incomplete and deficient." - Journal of International Maritime Law (2013) 19"The author’s approach to the subject is comprehensive detailed and thorough. Yet the book is set out and composed in a clear, logical, readble and readily understandable style. It has already become an essential tool for practitioners dealing with Lloyd’s transactions." - Jonathan Goodliffe, solicitor for the British Insurance Law Association Journal (issue 127, 2014)Table of ContentsChapter 1. An Overview of the Current Lloyd's Market Chapter 2. A Brief History of the Lloyd's Market Chapter 3. Lloyd's- A Statutory Body Chapter 4. Members and Membership of Lloyd's Chapter 5. Regulation of Lloyd's Market under FSMA Chapter 6. Syndicates (1): Structure and Participation Chapter 7. Syndicates (2) Standard Agency Agreements Chapter 8. Managing Agents Chapter 9. Members' Agents Chapter 10. Lloyd's Brokers and other Agents of the Assured Chapter 11. Placing and Accepting Insurance at Lloyd's: Open Markets Chapter 12. Delegating Underwriting Chapter 13. Claims Process at Lloyd's Chapter 14. Accounts and Payment of Premiums and Claims Chapter 15. Supervision of Underwriting at Lloyd's Chapter 16. Capital Requirements Chapter 17. Financial Resources at Lloyd's (1): Syndicate Level Chapter 18. Financial Resources at Lloyd's (2): Member Level- "Funds at Lloyd's" Chapter 19. Financial Resources at Lloyd's (3): The Central Fund and Other Central Assets Chapter 20. Solvency Test Chapter 21. Accounts and Reporting Chapter 22. Taxation of Members Chapter 23. FSMA Part VII: Insurance Business Transfers to or from Members of Lloyd's Chapter 24. Enforcement Chapter 25. Dispute Resolution Chapter 26. Regulation of Members of Lloyd’s Overseas Chapter 27. Agency Department Chapter 28. Insolvency Procedures Chapter 29. The "Lloyd's Litigation"

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Book SynopsisWritten by a worldwide team of experts, this new work surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure: I. Background and General Approach to Unfair Competition Law. II. Legal Basis of Unfair Competition Law and Relations to Neighbouring Areas of Law III. General Considerations IV. General Clause Against Unfair Competition V. Marketing V. Protection of Competitors Against Unfair Trade Practices VI. Specific Protection of Consumers Against Unfair Trade Practices VII. Enforcement Country Reports § 1 Australia § 2 Austria § 3 Brazil § 4 Canada § 5 China § 6 France § 7 Germany § 8 Hungary § 9 India § 10 Italy § 11 Japan § 12 Lithuania § 13 Netherlands § 14 Poland § 15 Spain § 16 South Africa § 17 Sweden § 18 Switzerland § 19 Turkey § 20 UK § 21 USATrade ReviewThere are at least three broad reasons why this book should be regarded as a welcome addition to any law library. First, it gives easy access to a wide variety of legal jurisdictions, many of whose laws are only comprehensible to those familiar with their respective native languages, to an English-reading audience. In addition, key legal terms in French and German, for example, are identified and explained in English to give the reader a more nuanced understanding of the jurisprudential contours of these legal systems. Furthermore, each country report includes a very substantial bibliography of reference materials relevant to the unfair competition laws of that particular jurisdiction. Secondly, despite the relatively modest length of each country report, the authors have succeeded in providing the reader with a sufficiently comprehensive picture of the different facets of their respective unfair competition law regimes. General clauses in statutes are analysed alongside leading case law from national and, in the case of Europe, supranational tribunals. Activity-specific regulations dealing with diverse practices, from ambush marketing to comparative advertising, and from trademark dilution to consumer protection regulations, are also examined in some detail. Thirdly, through the first few chapters of the book, the editor has done a very commendable job of constructing a helpful conceptual and thematic framework for understanding the many different moving parts that make up the machinery behind each country’s unfair competition laws. -- Burton Ong * Singapore Journal of Legal Studies, 2013 *Table of ContentsTable of Contents A) General § 1 What is Unfair Competition? § 2 International Protection Against Unfair Competition § 3 Regional Protection Against Unfair Competition B) Country Reports § 1 Australia § 2 Austria § 3 Brazil § 4 Canada § 5 China § 6 France § 7 Germany § 8 Hungary § 9 India § 10 Italy § 11 Japan § 12 Lithuania § 13 Netherlands § 14 Poland § 15 Spain § 16 South Africa § 17 Sweden § 18 Switzerland § 19 Turkey § 20 UK § 21 USA C) Outlook

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Book SynopsisSale of goods transactions are central to commercial life. This book provides an essential up-to-date and clear account of the law as it stands today, giving you the confidence to offer the best possible resolution for your clients. Written by a team of specialists drawn from both the academic world and professional practice, Sale of Goods provides a clear and accurate account of the law relating to the sale of goods. It provides complete analysis of the Sales of Goods Act 1979, together with amendments made to the Act in 1994 and 1995 - ensuring that your understanding is current and complete.Table of ContentsChapter 1. Introduction: The Contract for the Sale of Goods DJ Stephens Chapter 2. Passing Of Property Sarah Worthington Chapter 3. Risk Louise Gullifer Chapter 4. Frustration and Mistake Louise Gullifer Chapter 5. Conflicts of title and the Obligations of the Seller Janet Ulph Chapter 6. Delivery, Acceptance and Payment Adam Tolley Chapter 7. Implied Terms as to Description and Misrepresentation Paul Mitchell Chapter 8. Implied Terms as to Quality and Sample Paul Mitchell Chapter 9. Remedies of the Seller Ewan McKendrick Chapter 10. Remedies of the Buyer Ewan McKendrick Chapter 11. Exemption of the Seller Edwin Peel Chapter 12. F.O.B Contracts Ewan McKendrick Chapter 13. C.I.F Contracts Ewan McKendrick Chapter 14. Financing International Sale Contracts Sonia Tolaney Chapter 15. Conflicts of Law Edwin Peel

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Book SynopsisThis text looks at the options that the law provides, both domestically and internationally. It also explains the various opportunities available to reduce risk and organize and administer rescue packages for ailing institutions. This edition addresses the new civil procedures rules in England; arbitration in banking and finance; rescues; EC remedies and English law remedies.Table of ContentsChapter 1. The New Civil Procedures Rules In England Chapter 2. Arbitration in Banking And Finance Rescues Chapter 3. EC Remedies And English Law Remedies Chapter 4. Discovery Chapter 5. Cross-Border Court Orders And Banks Chapter 6. Insolvency Administration Chapter 7. Debt Reorganization Chapter 8. Set-Off And Remedies Under The Companies Act.

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Book SynopsisThe Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.Table of ContentsChapter 1. The use of experts in litigation in Germany, Volker Triebel Chapter 2. The expert in France, Michael Brisac, Bernard Peckells, Michael Chapman Chapter3. The expert in Italy, Vicenzo Vigorriti, Aldo Berlinguer Chapter 4. The expert in the USA, Faust F. Rossi Chapter 5. The expert in Australia, A.A.De Fina Chapter 6.The expert in mainland China and Hong Kong, Fei Ning Chapter 7. Expert evidence in litigation and arbitration in Hong Kong, David Leonard Chapter 8. The expert witness in medical cases, Nigel H. Harns Chapter 9. The expert witness in criminal cases, Patrick Sheen Chapter 10. The expert witness in construction dispute cases, Roger Trett Chapter 11. The expert witness in insurance and reinsurance cases, Phillippa Rowe Chapter 12. The expert witness in maritime dispute cases, Ron Vince Chapter 13. The expert witness in rent review dispute cases, Peter Wainwright, Lesley Webber Chapter 14. Interlocutory and hearing problems and the expert witness, D.Mark Cato Chapter 15. The courts and independent experts, Lesley Webber Chapter 16. Final and binding, Jonathan Gaunt, Nicholas Cheffings Chapter 17. Expert determination in commercial contracts, Doug Jones Chapter 18. Expert determination in construction disputes, Tony Ensom Chapter 19. Expert determination in rent review disputes, Tim Copper Chapter 20. Expertise v experts - the experience of the commodity sector, Graham Parr Chapter 21. Interlocutory and hearing problems inexpert determination, D.Mark Cato

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Book SynopsisProfessional Liability: Law and Insurance 2nd Edition has been updated in line with changes in the law. With the increase in liability litigation and the growing sophistication of the law in this area, this edition provides an easy-to-read reference source offering a practical analysis of professional negligence.Table of Contents1 The Mutual Cognition of Professional Qualifications in the EC, 2 Negligence and the Professions, 3 Architects and Engineers, 4 Auctioneers, 5 Auditors and Accountants, 6 Barrister, 7 Estate Agents, 8 Insurance Intermediaries, 9 Solicitors, 10 Surveyors and Valuers, 11 Medical Practice and Professional Liability, 12 Insurance of Professional Indemnity Risks.

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Book SynopsisDas Buch widmet sich dem Haftungsrisiko des Erwerbers eines Kommanditanteils, wenn der Veräußerer für bestimmte Verbindlichkeiten der Gesellschaft unbegrenzt, wie ein persönlich haftender Gesellschafter, haftet. Im Zentrum der Untersuchung steht die Frage, ob den Erwerber eines Kommanditanteils aufgrund der Rechtsnachfolge in die Rechtsstellung, die der Veräußerer bis zur Übertragung in Bezug auf den Kommanditanteil innehatte, auch die persönliche und ggf. unbeschränkte Haftung des Veräußerers trifft, obgleich eine derartige Haftung des Erwerbers gesetzlich nicht vorgesehen ist.

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Book SynopsisDiese Open-Access-Publikation vermittelt Personen aus Wirtschaft und Lehre durch pragmatische und fokussierte Darstellungsweise sowohl die Grundsystematik der Organhaftung als auch die in der Praxis äußerst relevante Problematik der Organhaftung bei unklaren Rechtslagen. Gleichzeitig wird durch Auslegung der Legalitätspflicht untersucht, ob der gegenwärtig in der Rechtsprechung verfolgte Ansatz zur Lösung der Frage nach einer Haftungsprivilegierung bei unklaren Rechtslagen dogmatisch sinnvoll ist oder ob nicht gegebenenfalls durch Rechtsfortbildung ein praktisch und dogmatisch sinnvollerer Lösungsansatz gefunden werden kann.Table of ContentsEinleitung.- Organhaftung bei unklarer Rechtslage.- Lösungsansätze zur Organhaftung bei unklarer Rechtslage.- Fazit des Verfassers.

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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 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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