Commercial law Books

Book SynopsisSince the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA's and PRA's requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, Form C', and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual's employmeTrade Review'...the authors provide valuable insights into issues that may need to be grappled with in due course... I anticipate that this will become the standard work for those of us who advise on questions of regulatory authorisation, conduct and pay in the financial services field. The authors have certainly achieved their objective of filling the gap that existed in our law libraries.'Richard Coleman Q.C. ARDL Quarterly Bulletin"A succinct, well-written book on the regulations governing conduct and pay in financial services…it is likely to be an essential read for any who have to advise clients in the financial services sector. Its greatest strength is that its contributors are practitioners with considerable collective experience of the sector who are also able to offer insight into the attitude and mindset of the regulators, coupled with an exceptionally high level of ability in and knowledge of employment law."Stephen Levinson, Employment Lawyers Association Table of Contents1. Introduction PART I: CONDUCT 2. The Conduct Regime 3. Fitness and Propriety 4. The Approved Persons Regime 5. The Certification Regime 6. The Senior Managers Regime 7. Notifications and the "Form C" Issue 8. Regulatory References and Whistleblowing 9. Misconduct 10. Sanctions 11. Enforcement Procedure PART II: PAY 12. Bonuses: the General Law 13. The Remuneration Codes 14. Malus and Clawback: Further Discussion

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

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Book SynopsisThis book covers key material for Scots commercial law courses.

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Book SynopsisTable of Contents The nature of law Law making Resolving disputes An introduction to types of business organisation Non-Corporate organisations – sole traders and partnerships Companies Forming business contracts The terms of business contracts Ending business contracts Law of agency Contracts for the supply of goods and services Business and the law of tort Credit Consumer protection Business property Employing labour

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

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Book 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 Synopsis

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Book Synopsis

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Book Synopsis

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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 Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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