Contract law Books
Sweet & Maxwell Ltd Exclusion Clauses and Unfair Contract Terms
Book SynopsisExclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause.
£310.00
Sweet & Maxwell Ltd Illegality and Public Policy
Book SynopsisProfessor Buckley's work, Illegality and Public Policy, sets out fully and clearly the law relating to illegality, public policy and restraint of trade in the context of contracts. Offering practical examples of situations in which illegality issues may arise and outlining possible solutions, the book also explores possible reforms of the law in the UK and Commonwealth jurisdictions aimed at overcoming its perceived uncertainly and rigidity.
£296.00
Sweet & Maxwell Ltd Chitty on Contracts
Book Synopsis
£918.00
Taylor & Francis Ltd Tort Lawcards 20122013
Book SynopsisRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come uTrade Review“This is an excellent series, which hits the target at a remarkable number of levels. The clarity of its reference points makes it ideal for students new to undergraduate study, while at the same time being the perfect ‘refresher’ book for students about to start on professional courses. More than that, the series is great as a ‘starter pack’ for non-specialist students covering elements of law as part of their wider studies, and invaluable for teaching international students studying the English common law from abroad.”FIONA E.C. KINGLAW LECTURER (for almost 30 years in Universities & Business Schools in the UK and Europe) “What a relief! A book I can understand quickly.. I’ll be using these this year”SECOND YEAR UNDERGRADUATE "an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Table of ContentsNegligence. Occupiers' Liability. Tort Relating to Land. General Defences. Remedies
£35.14
Taylor & Francis Ltd Offshore Contracts and Liabilities Maritime and
Book SynopsisWritten by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwideTrade ReviewOverall, this is a very fine book which is indispensable reading for any practitioner active within the field and which will also be of great interest to students and scholars of maritime law, energy law or the law of commercial contracts. - Greg Gordon, University of AberdeenTable of ContentsPart 1- Offshore Contracts Chapter 1. BIMCO’s Offshore Contracts Chapter 2. Key Aspects of New WINDTIME Form Chapter 3. HEAVYCON 2007: Liabilities, Exceptions, Indemnities Chapter 4. Knock for Knock Clauses in Offshore Contracts- The Fundamental Principles Chapter 5. The Construction of Mutual Indemnities and ‘Knock for Knock’ Clauses Chapter 6. Consequential Loss Exclusion Clauses in Offshore Contracts: The Need for Greater Clarity Chapter 7. Excluding Consequential Damages Chapter 8. Wilful Misconduct and Gross negligence Exclusions in ‘Knock for Knock’ Provisions in Offshore Contracts Chapter 9. Knock for Knock- The P & I Perspective Chapter 10. Standard Contracts Used in the Offshore Insurance Sector: Clear and Unambiguous? PART 2- Offshore Liabilities Chapter 11. Pollution from Offshore Rigs and Installations- UK Law Chapter 12. Norwegian Perspective with regard to Liability Regimes Concerning Oil Rigs and InstallationsChapter 13. Offshore Injury- Whose Jurisdiction, What Law? Chapter 14. Marine Spatial Planning- An Incoming Tide of Opportunity or Liability?
£380.00
Taylor & Francis Ltd Chinese Insurance Contracts Law and Practice
Book SynopsisChinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. Table of ContentsChapter 1. Introduction to Insurance and China’s Insurance industry Chapter 2. Chinese Legal System and the Insurance Law Chapter 3. The Regulation of Insurance Chapter 4. Formation of an Insurance Contract Chapter 5. Terms of Insurance Contracts and Construction Chapter 6. Premiums Chapter 7. Insurable Interest Chapter 8. The Insured’s Duty of Disclosure and Representations Chapter 9. The Insurer’s Pre-contractual Duty of Good Faith Chapter 10. Increase of Risk during the Insurance Period Chapter 11. Double Insurance and Contribution Chapter 12. Causation Chapter 13. Risk Prevention and Loss Mitigation Chapter 14. The Making of a Claim Chapter 15. Settlement of Claims Chapter 16. Fraudulent Claims Chapter 17. Subrogation Chapter 18. Modification and Rescission of Insurance Contracts Chapter 19. Property Insurance Chapter 20. Life and Accident Insurance Chapter 21. Liability Insurance Chapter 22. Motor Vehicle Insurance Chapter 23. Reinsurance Chapter 24. Marine Insurance
£356.25
Taylor & Francis Ltd Contract Law
Book SynopsisKey Facts Key Cases: Contract Law will ensure you grasp the main concepts of your Contract Law module with ease. This book explains in concise and straightforward terms: The rules regarding formation of contracts The contents of a contract Vitiating factors, factors which invalidate an otherwise validly formed contract The rules on discharge of contractual obligations Available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall oTable of Contents1. Fundamentals of contract law 2. Formation of a contract: agreement 3. Formation of a contract: consideration & intention 4. Other factors affecting formation legal relations 5. Privity of contract and third party rights 6. The contents of the contract: Terms 7. The contents of a contract; exclusion clauses 8. Vitiating factors: Misrepresentation 9. Vitiating factors: Mistake 10. Vitiating factors: Duress and Undue Influence 11. Vitiating factors: Illegality 12. Discharge of contract 13. Remedies
£35.14
John Wiley and Sons Ltd PowellSmith and Furmstons Building Contract
Book SynopsisPowell-Smith and Furmston's Building Contract Casebook The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases and construction professionals should be familiar with these cases, but the information is scattered throughout a large number of law reports. The fifth edition of Powell-Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases. It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful deciTable of ContentsPreface vii PART I – FORMATION OF THE CONTRACT 1 1 Letters of Intent 3 2 Costs of Tendering 9 3 Tenders and Estimates 14 4 Incorporation of Documents 20 5 Completion of the Contract 43 PART II – PERFORMANCE OF THE CONTRACT 59 6 The Contractor’s Obligations 61 Design 61 Materials and workmanship 74 Progress and completion 92 Indemnities and insurance 95 7 The Employer’s Obligations 133 Possession of site 133 Time and extent of possession 133 Site conditions 137 Co-operation 142 Instructions 151 Payment 154 Lump sum contracts 155 Other contracts 158 Retention 159 Quantum meruit 162 Set-off 165 Miscellaneous 176 Nomination of sub-contractors and specialists 176 Objection to nominees 176 Displacement of implied terms 177 Form of sub-contracts 177 Effect of failure 177 Default in supply of goods 178 8 Ownership and Vesting of Materials 180 Materials and goods 180 Vesting clauses 185 9 Acceptance and Defects 187 10 Approval and Certifi cates 191 General 191 Nature and effect of certifi cates 204 Recovery without certifi cate 226 11 Variations 228 12 Damages for Breach of Construction Contracts 246 13 Prolongation and Disruption Claims 272 14 Liquidated Damages and Extensions of Time 319 Liquidated damages 319 Extensions of time 336 Interpretation of provisions 351 PART III – DISCHARGE OF THE CONTRACT 353 15 Release 355 16 Frustration 358 17 Illegality 365 18 Forfeiture Clauses, Repudiation and Determination 369 19 Limitation 388 The Limitation Act 1980 388 Latent Damage Act 1986 391 PART IV – SUB-CONTRACTS AND SUB-CONTRACTING 399 20 Assignment and Sub-letting 401 21 Domestic Sub-contractors 411 22 Nominated Sub-contractors 414 PART V – BUILDING CONTRACTS AND THE LAW OF TORT 441 23 Building Contracts and the Law of Tort 443 Table of Cases 467 Index 485
£98.06
John Wiley and Sons Ltd Winward Fearon on Collateral Warranties
Book SynopsisSince this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor. Indeed, collateral warranties are now being used to create primary contractual obligations. There have been some immensely important developments in the law relating to collateral warranties since the first edition. The Contracts (Rights of Third Parties) Act 1999 has introduced radical new developments into English contract law. The book now includes a completely new chapter on the legislation, which also looks at the potential practical uses of the Act on development projects. The House of Lords has handed down a number of key decisions recently on third party remedies and on the principles relating to damages on assignment (such Table of ContentsPreface viii 1 Principle of Law 1 Definition of collateral warranty 1 A comparison of contract and tort 4 Essentials of a contract 5 Form of contract 20 Construing a contract 22 Implied terms 27 Letters of intent 28 2 The Rise of Collateral Warranties 31 Negligence 31 1932 to 1988 33 D & F Estates Limited and Others v. Church Commissioners for England and Others 36 Murphy v. Brentwood District Council 38 1990 to 2000 41 3 Contracts (Rights of Third Parties) Act 1999 47 The background 47 Contracts (Rights of Third Parties) Act 1999 50 Aspects of the Act 56 Using the Act or not using the Act? 59 4 Assignment and Novation 64 Future purchasers and tenants 64 Assignment 64 Prior equities 70 Restrictions on assignment 71 Novation 80 5 Reasonable Skill and Care and Fitness for Purpose 83 Reasonable skill and care 83 Fitness for purpose 88 Dwellings 93 6 Damages and Limitation of Action 94 Damages 94 Expectation interest and reliance expenditure 108 Mitigation and assessment 112 Assignment 117 Contribution and apportionment 125 Limitation of Action 129 7 Developers, Tenants, Purchasers and Funds 134 The position of a developer 134 The position of a tenant 137 The position of a purchaser 143 The position of the funding institution 145 Obligations to enter into collateral warranties 147 JCT enabling clauses 149 8 Insurance Implications 153 Principles of professional indemnity insurance 153 Disclosure of collateral warranties 155 Particular insurance problems 157 Other matters of concern to insurers 161 Policy endorsements for collateral warranties 162 Problems on changing insurers 166 9 Typical terms 167 General considerations 167 Typical terms 174 Contractors and sub-contractors 199 Guarantees of obligations under warranties 200 10 Practical Considerations 201 Does a warranty have to be given? 201 Commercial balance 203 Legal costs and consideration 203 Negotiating and insurance 204 Warranties must be executed 204 The givers, receivers and contents of warranties 205 Standard forms of collateral warranty 207 Commentaries 211 11 Other Solutions: Present and Future 228 Possible solutions – the present 228 Possible solutions – the future 234 Table of Cases 306 Table of Statutes & Statutory Instruments 332 Index 334
£115.16
John Wiley and Sons Ltd Building Contract Dictionary
Book SynopsisBuilding Contract Dictionary provides a succinct, but authoritative reference to words, phrases and terms encountered in, and in connection with, building contracts. For the new edition all entries have been reconsidered and updated in light of case law and legislation and the book has been substantially enlarged since the last edition ten years ago. There are now over 800 separate entries A wide range of contracts has been referenced, including JCT 98, IFC 98, MW 98, WCD 98, PCC 98, MC 98, ACA 3, GC/Works/1 (1998), NEC, NSC/C, DOM/1, DOM/2 as well as topics such as adjudication, arbitration and the Civil Procedure Rules. It will provide an invaluable reference for architects, quantity surveyors, project managers and contractors. It will also find a ready readership among all construction lawyers. This is an indispensable book which provides a succinct but authoritative reference to words, phrases and terms encountered in the constrTrade Review"When starting t read law as an undergraduate, the first law book I bought was Wharton's Law Lexicon, a book I still have and use. On appointment as an Official Referee, I bought the Penguin dictionaries of Building, Civil Engineering Architecture and Electronics. If I had known that this book was then in existence in its first edition, I would have bought that also. It would have been an enormous help to me" Judge Peter Bowsher QC “Presented in a non-legal and highly-readable style, this book is a desirable addition to the specialist library and the professional office and as a useful reference book is directed to architects, surveyors and construction professionals in general together with contractors and their staff.” Construction ManagerTable of ContentsA - Z alphabetical listing of terms; Table of cases
£144.85
Princeton University Press Getting Incentives Right
Book SynopsisLawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. This book explains how law might better serve the social good.Trade Review"Getting Incentives Right does just as the book's title says, and does so in a way that will startle and educate novices as well as seasoned economists and lawyers, not to mention law professors and their students. The book guides readers to places where multiple parties and margins are accounted for, casting brilliant light on important legal problems."—Saul Levmore, University of Chicago Law School"Courts should get incentives right when developing rules in tort, contract, and restitution law. But even after decades of scholarship, commentators have only a vague idea as to what the right incentives are. Cooter and Porat put their powerful imaginations to work in a book full of surprising insights and compelling arguments about improving these areas of law. This lucid book will appeal to both the novice and expert."—Eric Posner, University of Chicago"This timely book presents Cooter and Porat's full perspective on the challenges that three important bodies of law—torts, contracts, and restitution—face in inducing optimal behavior. The result is a unique book that I have no doubt will become one of the leading texts in its field. Thought-provoking, original, and useful, it fills a void in the current legal literature."—Ehud Guttel, Hebrew University Law School"Cooter and Porat are the most innovative and inspirational law and economics scholars of our generation. More than anyone else, they are good at identifying ideas, problems, and solutions that cut across subject areas. This book brings them together to unveil common threads and exploit analytical synergies between different concepts. This is a work that every scholar in the field and every respectable academic library will want to own."—Francesco Parisi, University of Minnesota Law School and University of BolognaTable of ContentsAcknowledgments vii Introduction 1 I. Torts and Misalignments 13 1. Prices, Sanctions, and Discontinuities 17 2. The Injurer's Self-Risk Puzzle 32 3. Negligence Per Se and Unaccounted Risks 47 4. Lapses and Substitution 61 5. Total Liability for Excessive Harm 74 II. Contracts and Victims' Incentives 89 6. Unity in the Law of Torts and Contracts 92 7. Anti-Insurance 105 8. Decreasing Liability Contracts and the Assistant Interest 128 III. Restitution and Positive Externalities 149 9. A Public Goods Theory of Restitution 151 10. Liability Externalities and Mandatory Choices 165 11. The Relationship between Nonlegal Sanctions and Damages 187 Conclusion 207 Table of Cases 211 Table of Books and Articles 213 Subject Index 220
£36.00
Emerald Publishing Limited Professional Services Agreements
Book SynopsisThis is a comprehensive review of the issues that readers need to be aware of when negotiating the minefield of professional services contracts in the construction industry.Table of Contents1. Introduction 2. The client 3. Forming the appointment 4. General clauses 5. The services 6. Payment of fees 7. Termination and suspension 8. Intellectual property rights 9. Liability for work carried out by others 10. Agency 11. Statements, certificates and reports 12. Insurance and liability 13. Limitation and exclusion of liability 14. Indemnities 15. Set-off, liens, retentions and liquidated damages 16. Assignments and novations 17. Collateral warranties 18. Guarantees and bonds 19. The Construction (Design and Management) Regulations 2007 20. Law and jurisdiction, and dispute resolution 21. Adjudication 22. Management of risks Appendices
£84.08
Emerald Publishing Limited FIDIC Quick Reference Guide Red Book
Book SynopsisThis book provides commentary on the FIDIC Red Book: FIDIC Conditions of Contracts for Construction for building and engineering works designed by the Employer.
£39.90
Emerald Publishing Limited FIDIC Quick Reference Guide
Book SynopsisThis book provides commentary on the FIDIC Pink Book: The MDB Harmonised Edition of the Red Book for use with contracts which have been financed by one of the participating multilateral development banks.
£39.90
Emerald - ICE Publishing FIDIC 2017 Contracts Companion 3 Vol Set
Book Synopsis
£157.46
Emerald Publishing Limited FIDIC 2017
Book SynopsisFIDIC 2017: The Contracts Manager’s Handbook is a practical guide to the effective use of the management procedures within the 2017 FIDIC suite of contracts. It is an essential companion for all users of the FIDIC 2017 suite of contracts, and for users from any position in the management chain, whether Employer, Engineer or Contractor.
£81.00
Aspen Publishers Inc.,U.S. Contracts and Commercial Transactions
Book Synopsis
£310.50
Ohio State University Press The Death of Contract
£29.24
Taylor & Francis Inc The Regulation of Insurance in China
Book SynopsisWith the rapid development of China's insurance industry and the opening of the Chinese insurance market to the world, Chinese insurance law and regulation has become an increasingly relevant topic for insurance practitioners and academics. The Regulation of Insurance in China therefore provides a much needed analysis of the Chinese regulatory system. This is the first systematic text written in English on the regulation of insurance in China and provides a comprehensive and systematic analysis of rules of law and administrative regulations on China's insurance industry and insurance market, covering four level of regulatory hierarchy - the statutory law, the regulations enacted by the central government (the State Council), the regulations developed by the insurance supervision and regulation authority of the State Council, and self-regulations by the insurance industry.This book is essential reading for insurance companies and legal practitioners looking to do busineTable of ContentsCHAPTER 1 Introduction of Insurance Regulation and Insurance Industry1.1 Introduction1.2 The nature of insurance 1.3 Reasons and objectives of insurance regulation1.4 The outline of this book1.5 The development of China’s insurance industry1.6 The present insurance market in China1.7 The further development of the insurance industry1.8 Conclusion CHAPTER 2 Chinese Legal System and the Insurance Legislation2.1 Introduction 2.2 Philosophical traditions of Chinese law2.3 The legislative system2.4 The judicial system 2.5 Insurance legislation in China2.6 Administrative regulations by the State Council The judicial interpretations of statutory law by the SPC Regulations enacted by the insurance supervision and regulation authority of the State Council and other relevant regulatory authorities Self-regulation rules 2.10 The regulatory framework of insurance in China2.11 ConclusionCHAPTER 3 Insurance Supervision and Regulation Authority and System3.1 Introduction3.2 A historical consideration of the development of insurance regulatory authority 3.3 Statutory functions and responsibilities of the insurance supervision and regulation authority of the State Council3.4 The China Banking and Insurance Regulatory Commission3.5 The functions and responsibilities of local offices of the CBIRC3.6 The new duty of the local offices of the CBIRC to implement certain administrative licensing matters3.7 The allocation of responsibilities between the CBIRC and its local offices for the supervision and regulation of property insurance companies and reinsurance companies3.8 Methods of insurance supervision and regulation 3.9 Corrective measures and administrative penalties 3.10 Conclusion CHAPTER 4 Formation and Dissolution of Insurance Companies4.1 Introduction4.2 Formation of insurance companies 4.3 Formation of branch offices4.4 Formation of overseas insurance institutions4.5 Formation of reinsurance companies4.6 Formation and business scope of insurance group companies Regulation on modification, dissolution and abolition of insurance institutions Market access and withdrawal of non-insurance subsidiaries of insurance companies 4.9 Supervision and administration of insurance institutions4.10 Supervision and administration of insurance group companies4.11 ConclusionCHAPTER 5 Regulation of Foreign-Funded Insurance Companies and the Representative Offices of Foreign Insurance Institutions5.1 Introduction5.2 Regulation on the administration of foreign-funded insurance companies 5.3 The Implementation Rules for the RAFFIC 5.4 Administration of representative offices of foreign insurance institutions in China5.5 ConclusionCHAPTER 6 Regulation of Administrative Licencing and Insurance Permits6.1 Introduction 6.2 The principles of insurance licensing6.3 Administrative licensing and insurance permits6.4 The Provisions on Implementation Procedures of Administrative Licensing 6.5 Regulation of insurance permits6.6 ConclusionCHAPTER 7 Regulation of Corporate Governance7.1 Introduction7.2 The legal framework for corporate governance of insurance companies7.3 Statutory requirements for directors, supervisors and senior officers of insurance companies7.4 Requirements for directors, supervisors and senior officers formulated by the CBIRC The regulation of corporate governance structure 7.6 Regulation of the operation of the board of directors of insurance companies7.7 Administration of auditing of directors and senior managers of insurance companies Internal audit of insurance companies 7.9 Guidelines for salary management rules of insurance companies7.10 Compliance management of insurance companies7.11 Related-party transactions of insurance companies7.12 Risk management of insurance companies7.13 Comprehensive risk management of personal insurance companies7.14 Internal control of insurance companies7.15 Evaluation of insurance company corporate governance7.16 Corporate governance of insurance group companies and of insurance groups7.17 Information disclosure by insurance companies7.18 Corporate governance action plan for three years from 2020 to 20227.19 ConclusionCHAPTER 8 Regulation of Equites of Insurance Companies8.1 Introduction8.2 Classification of equites of insurance companies8.3 Qualifications of shareholders8.4 Acquisition of equities8.5 Funds for acquiring equities8.6 Behaviours of shareholders8.7 Management of equity matters8.8 Submission of materials to the CBIRC8.9 Supervision and administration8.10 Equity information disclosure by insurance companies8.11 ConclusionCHAPTER 9 Regulation of Insurance Business9.1 Introduction9.2 An overview of law and regulations for insurance business9.3 The regulation on scope of insurance business9.4 Statutory and regulatory requirements for insurance clauses and premium rates9.5 Regulation of insurance clauses and premium rates of property insurance 9.6 Regulation of insurance clauses and premium rates of commercial motor vehicle insurance9.7 Regulation of insurance clauses and premium rates of personal insurance 9.8 Development of insurance products by property insurance companies9.9 Improving the product supervision of property insurance companies9.10 Strengthening the supervision of personal insurance products9.11 Regulation of product development and design of personal insurance companies9.12 Regulation of information disclosure of insurance products9.13 Premium rate adjustment and information disclosure of long-term medical insurance products9.14 Regulation of actuaries9.15 Regulation of reinsurance business9.16 ConclusionCHAPTER 10 Regulation of Conduct of Insurance Companies 10.1 Introduction10.2 Legal framework for the regulation of the conduct of insurers10.3 Regulation of the conduct of insurance business10.4 Regulation on conduct of insurers in advertising or selling insurance products10.5 Prohibition of misconducts of insurers and their employees10.6 Guidelines for the determination of misleading sales of personal insurance10.7 Guiding opinions on liability for misleading sales of personal insurance10.8 The basic services of the personal insurance business10.9 Telephone sales of insurance products10.10 Retrospective administration of insurance sales practices10.11 Electronic return visit of life insurance10.12 Regulation of the conduct of insurance claims10.13 Evaluation of the service of insurance companies 10.14 Evaluation of the business operation of insurance companies 10.15 ConclusionCHAPTER 11 Regulation of Solvency11.1 Introduction11.2 The legal framework of regulation of solvency11.3 The first generation of solvency regulation system11.4 The conceptual framework of the second generation of solvency regulation system11.5 The documentary framework of C-ROSS11.6 The impact of the C-ROSS11.7 The second phase of the construction of the C-ROSS11.8 Capital guarantee funds11.9 The management of reserves for non-life insurance businesses of insurance companies11.10 ConclusionCHAPTER 12 Regulation of the Use of Insurance Funds12.1 Introduction12.2 The current state of insurance funds utilization12.3 Regulatory principles for insurance funds utilization12.4 An overview of the regulatory framework regarding the use of insurance funds12.5 Channels for the use of insurance funds12.6 Insurance funds in bank deposits12.7 Insurance funds investment in bonds12.8 Insurance funds investment in stocks 12.9 Investment of insurance funds in real estate12.10 Indirect investment of insurance funds in infrastructure projects12.11 Insurance funds investment in equities12.12 Investing insurance funds in infrastructure debt investment plans12.13 Insurance funds investment in collective trust funds12.14 Investment of insurance funds in venture capital funds 12.15 The proportional regulation of the utilization of insurance funds12.16 Modes of insurance funds utilization12.17 Entrusted investment of insurance funds12.18 Regulation of the insurance asset custody business12.19 Decision–making operating mechanisms for insurance funds utilization12.20 Risk management and control for insurance funds utilization12.21 Supervision and administration for insurance funds utilization12.22 Overseas investment with insurance funds12.23 Administration of insurance assets management companies12.24 Insurance asset allocation management12.25 Internal control of insurance funds12.26 The scoring supervision over internal control and regulatory compliance in the use of insurance funds12.27 Five-grade risk based insurance asset classification 12.28 Disclosure of capital use information by insurance companies12.29 ConclusionCHAPTER 13 Regulation of Insurance Agents13.1 Introduction13.2 Insurance intermediaries market in China 13.3 General agency principles13.4 Regulations of insurance agents13.5 The duties of insurance agents13.6 Supervision and administration of insurance agents 13.7 Regulation of side-line bancassurance business13.8 Strengthening the supervision and administration of insurance intermediaries13.9 Strengthening the administration of intermediary channel of insurance companies13.10 ConclusionCHAPTER 14 Regulation of Insurance Brokers14.1 Introduction14.2 Insurance brokerage market in China14.3 An overview of regulation of insurance brokers14.4 The features of insurance brokers14.5 The business scope of insurance broker14.6 The duties of insurance brokers14.7 Insurance brokers’ liability for loss and damages caused to the proposers14.8 Regulatory rules for insurance brokers 14.9 Foreign-funded insurance brokers14.10 ConclusionCHAPTER 15 Regulation of Insurance Adjusters15.1 Introduction15.2 The development of insurance adjusters 15.3 The Provisions on the Supervision and Administration of Insurance Adjusters15.4 The basic rules for insurance adjusting15.5 Foreign investors are permitted to operate loss adjusting business in China15.6 Factors which affects legal effect of an insurance adjusting report15.7 ConclusionCHAPTER 16 Health Insurance16.1 Introduction16.2 The present position of commercial health insurance in China16.3 An overview of the regulatory framework for commercial health insurance16.4 The Opinions of the General Office of the State Council on Accelerating Development of Commercial Health Insurance 201416.5 The Measures for the Administration of Health Insurance 16.6 Health insurance business with individual tax preferences Critical illness insurance Conclusion CHAPTER 17 Pension Insurance 17.1 Introduction17.2 The legal framework for the regulation of commercial pension insurance17.3 The State Council’s opinions on the development of commercial pension insurance17.4 The measures for the administration of old-age security management business17.5 The programme of the elderly housing reverse mortgage pension insurance17.6 The programme of individual tax-deferred commercial pension insurance business17.7 The Interim Measures for the Administration of the Utilization of Individual Tax- Deferred Commercial Pension Insurance Funds Conclusion CHAPTER 18 Agriculture Insurance18.1 Introduction 18.2 An overview of the regulatory framework for agriculture insurance in China 18.3 Development of agriculture insurance in China18.4 The State Council’s Regulation of Agriculture Insurance18.5 Qualification requirements for an insurance company to conduct agriculture insurance18.6 Agriculture insurance contracts clauses and premium rates18.7 The drafting of clauses on agriculture insurance products subsidized by the centraltreasury18.8 Catastrophe risk reserve of agriculture insurance18.9 Underwriting and claim handing of agriculture insurance 18.10 Premium subsidies by governments18.11 The Pilot Programme on agricultural catastrophe insurance 18.12 The Pilot Programme of full cost insurance and income insurance for the three majorgrain crops18.13 Further development of agriculture insurance18.14 Self-regulation of agriculture insurance Typical crop insurance clauses 18.16 ConclusionCHAPTER 19 Catastrophe Insurance19.1 Introduction19.2 The legal framework for catastrophe insurance19.3 The China Urban and Rural Residential Building Earthquakes Catastrophe Insurance Pool and the early development of the catastrophe insurance system19.4 The Implementation Plan for Establishing the Catastrophe Insurance System for Urban and Rural Residential Housing in Earthquakes19.5 The Measures for the Administration of the Special Reserve Fund for Urban and Rural Residents' Earthquake Catastrophe Insurance19.6 The Model Insurance Clauses for Urban and Rural Residents Housing Earthquake Catastrophe Insurance 19.7 Earthquake insurance practice in Sichuan Province19.8 Earthquake insurance systems in other countries19.9 ConclusionCHAPTER 20 Motor Vehicle Insurance20.1 Introduction20.2 Legal framework for motor insurance20.3 Compulsory motor insurers20.4 Persons who are required to take compulsory motor insurance20.5 The scope of the insured persons The limits of the amount covered under a compulsory motor insurance policy 20.7 The scope of the third party victims20.8 The insured’s pre-contractual duty of disclosure 20.9 The insurer’s pre-contractual duty to explain the content of the contract 20.10 The contents of a compulsory motor insurance contract22.11 The Road Traffic Accident Social Relief Fund 20.12 The third party rights against the insurers20.13 Non-compulsory commercial motor insurance20.14 ConclusionCHAPTER 21 Regulation of Internet Insurance21.1 Introduction21.2 The development of Internet insurance in China21.3 Regulation of internet insurance21.4 Guarantee insurance business on Internet platform21.5 Retrospective management of Internet insurance sales activities21.6 ConclusionCHAPTER 22 Regulation of Mutual Insurance Organisations22.1 Introduction22.2 The development and significance of mutual insurance in China22.3 Pilot Measures for the Supervision and Administration of Mutual Insurance Organizations22.4 ConclusionCHAPTER 23 Protection of Insurance Consumers23.1 Introduction23.2 Legal framework for the protection of the insurance consumers23.3 Insurance consumer confidence index23.4 An overview of the insurance security fund23.5 The Administration of insurance security fund23.6 The business operation of the Insurance Security Fund Co. Ltd 23.7 The construction of system and mechanisms for protection of consumers23.8 The handling of consumers’ complains 23.9 Consumers disputes resolution23.10 ConclusionCHAPTER 24 The Self-Regulatory Institutions24.1 Introduction24.2 The Insurance Association of China24.3 Insurance Asset Management Association of China24.4 Insurance intermediary associations24.5 ConclusionAppendix 1 The Insurance Law of the People’s Republic of China
£285.00
Duke University Press The Fall and Rise of Freedom of Contract
Book SynopsisSuitable for legal scholars and specialists in contract law, this book includes essays that consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law.Trade Review“A compendium of original scholarship about the continuing vitality of our legal and political regime based on contract. This is an important book.”—Fred S. McChesney, Northwestern University School of Law“An interesting and impressive collection of essays that pulls together important research and arguments by an unusually impressive lineup of contributors. This a major piece of work.” —Paul H. Haagen, Duke University School of Law“One of the most notable trends in recent legal scholarship is the reinvigoration of the contract paradigm, and these original papers by some of the most distinguished North American law-and-economics scholars make a strong case for the virtues of contractarianism across a wide spectrum of legal specialties, including contract law, tort law, family law, bankruptcy, and private international law. The commentaries develop nuanced concepts, such as efficiency-enhancing limitations on contractual freedom. This important, impressive, and timely collection, accessible to a wide audience, should become the standard reference on free bargaining and contractarianism.”—Thomas S. Ulen, University of Illinois College of Law“These brilliant essays show that the ethic of respect for the uniqueness of individuals can influence and justify a return to bargaining freedom in a surprising variety of legal areas.”—James W. Bowers, Louisiana State University Law CenterTable of ContentsPreface Introduction I. Free Bargaining and Formalism Contracts Small and Large: Contract Law through the Lens of Laissez-Faire / Richard A. Epstein The Decline of Formality in Contract Law / Eric A. Posner External Critiques of Laissez-Faire Contract Values / Michael Trebilcock In Defense of the Old Order / Timothy J. Muris The Limits of Freedom of Contract in the Age of Laissez-Faire Constitutionalism / Gregory S. Alexander II. Bargaining around Tort Law Courts and the Tort-Contract Boundary in Product Liability / Paul H. Rubin Commodifying Liability / Robert Cooter III. Contracting for Land Use Law Zoning by Private Contract / Robert H. Nelson Dealing with the NIMBY Problem / William A. Fischel Devolutionary Proposals and Contractarian Principles / Steven J. Eagle The (Limited) Ability of Urban Neighbors to Contract for the Provision of Local Public Goods / Robert C. Ellickson IV. Free Bargaining in Family Law A Contract Theory of Marriage / Elizabeth S. Scott and Robert E. Scott Marriage as a Signal / Michael J. Trebilcock Family Law and Social Norms / Eric A. Posner Contracting around No-Fault Divorce / Margaret F. Brinig V. Bargaining Around Bankruptcy Reorganization Law Contracting for Bankruptcy Systems / Alan Schwartz Free Contracting in Bankruptcy / F.H. Buckley Free Contracting in Bankruptcy at Home and Abroad / Robert K. Rasmussen VI. Choosing Law by Contract Contract and Jurisdictional Freedom / Bruce H. Kobayashi and Larry E. Ribstein A Comment on Contract and Jurisdictional Competition / Michael Klausner Choice of Law as a Precommitment Device / Geoffrey P. Miller Corporate Law as the Paradigm for Contractual Choice of Law / Robert Romano Notes Contributors Index
£112.20
To His Glory Publishing Company Understanding the Power of Covenants
£14.00
Taylor & Francis Ltd Fresh Produce Shipping
Book SynopsisThis book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocolTrade Review"Fresh Produce Shipping provides a "go to guide" for Importers / Exporters, Loss adjusters, Fresh Produce Surveyors, students with an interest in Fresh Produce shipping and claims handling, by providing a comprehensive realistic understanding of the market inan easy to understand text. The book provides a step by step understanding of the claims handling process covering both Airline and Ocean shipments providing reference guides and an understanding of the various conventions relevant to both forms of shipping." -- Victoria Bredin, British Association of Cargo SurveyorsTable of ContentsDedication; Acknowledgements; Foreword; Table of Cases; Definitions; Introduction; Chapter 1 - An Overview of the Claims Process ; The Loss; Air; Ocean; The Strategy to be adopted; Chapter 2 - An Overview of the Legal Framework for Air Cargo and Ocean Cargo Liability; Air; Ocean; Hamburg Rules; Chapter 3 – Detailed Actions after Discovery of the Loss ; The Question of Abandonment ; Delivery Signatures on Collection and Receipt; Air Cargo; Ocean Cargo; Claim Notification & Invitation to Carrier to attend Survey; Air; Salvage and Mitigation; Survey & Investigation; Joint and Separate Surveys; Air; Ocean; Common Causes; Air; Temperature Abuse; Delay; Ocean; Temperature Abuse; Suffocation and CO2 Injury; Delay; Evidencing the container loading; Pre-Shipment Condition and Temperature; Shelf-life tests; The Relevance of Pre-Shipment Evidence; Trip Thermographs; Air; Ocean; Analysis of Transit History; Determination of Cause; Air; Ocean; Chapter 4 - Documentation Gathering; Booking Request and Carrier confirmation (Ocean only); Supplier Invoice; Packing List or Load List; Health Documents; Certificate of Origin, Movement Certificate EUR.1; Air Waybill; Air Cargo Consolidations and House Air Waybills; Ocean Bills of Lading and Sea Waybills; House Bills of Lading; Airline Release Note, Removal Authority, or Airline Delivery Order; Goods Inwards Records; 1st Inspections/Quality Control Records and Photographs; The Surveyor’s Report; Chapter 5 – The Legal Rules determining for What you can Claim; The Central Principle of Restitutio in Integrum; Attempts to derogate from this principle; Damages in Contract and Damages in Tort; Interest on Damages; Duty to Mitigate; Date for Assessment; Chapter 6 - Calculation of Constituent Claim Values; ASMV- Arrived-Sound Market Value; Proof of Arrived-Sound Market Value; The ‘Supermarket Market’; The ‘Wholesale Market’; Sales Price Lists; ADMV – Arrived-Damaged Market Value; Cost-based quantum; Directly-Related Expenses; Survey Fee; Sorting/Repacking; Dumping Costs and Certification; Other Possible Costs; Chapter 7 - Claim Submission; Covering Letter; Presentation Standards & Well-ordered Attachments; Submission of Claims by email; Other methods of claim submission – Air Cargo Claims; If by Post, obtain Recorded Delivery and why; Ask yourself?; Chapter 8 - Time Limits and Time Bar Protection; Time Limits; Air Cargo; Ocean Cargo; Time Bars; Air; Ocean Cargo; Chapter 9 - The Struggle For Settlement; Unreasonably-Delayed Responses & Refusal to Deal; The Burden and Onus of Proof; Delay not involving Physical Damage; Air Cargo; The Central Principle of a Carrier’s Liability under Applicable Law; Aspects of entitlement to claim and sue; Cessions of Rights; In relation to House Air Waybills; Objections to Quantum; The ‘Market’; Survey Fees; All other expenses; Defences – and Countering them; Contributory Negligence; Pre-Shipment Causes; Harvest Records; Pack House Protocols; ‘Hot Stuffing’ - Ocean; ‘Hot Delivery’ – Air; Mixed Maturity; Rots, and Diseases; Thermographs; Reefer container Inspection; Vent Closure and Suffocation/CO2 injury; Failures during Transit; Inadequate packing; Inadequate stowage in an Ocean container; Post Shipment Objections; Attempts to reject claims on dis-entitlement; Air Cargo; The Grounds for a Claim; Force Majeure issues; Successive Carriage; US-Based Airlines and the ‘3-day rule’; Limitation of Liability; Enforcement of these Rules; Ocean Cargo; Attempts to reject claims on dis-entitlement; The Grounds for the Claim; Shipper’s Responsibility for container Settings; Inadequate Stowage; Carrier’s Datalogger – if it can be obtained; Malfunctioning containers and ‘Due Diligence’; Measure of Damages; Limitation of Liability; Unreasonable Attitudes and Commercial ‘Strong-Arm’ Tactics; Field-Heat Argument; Improper Use of Authorities; ‘Strong-Arm Tactics’; Refusal to Produce Evidence; Being ‘Taken to the Wire’; Further Carrier Tactics after Issue of Proceedings; Dismissal of Evidence; Excessive Demands for Evidence; Mixed Maturity; Carrier’s Claims, Operational, and Marketing Personnel at Odds?; Chapter 10 - Reaching for Settlements; Without prejudice negotiations; Dispute Resolution; Ocean Carriers’ P&I Clubs; Jurisdiction; Air; Ocean; Solicitors and Litigation; Choice of Lawyers; Broad Outline of events during Litigation with Costs implications; Pre -Legal Action; Legal Action; Part 36 offers; Preparation for Trial; Trial; Costs Awards; Withdrawing at Any Stage; Annexes; Examples of claim notices; Air Claim Notice; Ocean Claim Notice; Non-Survey Claim Notice; Claim Submission covering letter or message; Air Claim; Ocean Claim; Excel Spreadsheet to show quantum; Cession of Rights wording; Air; Ocean; Schedules; Air; Montreal Convention; Warsaw/Hague; Warsaw [unamended]; IATA 600b Air Waybill; Conditions; Ocean; Hague; Hague/Visby; Hamburg
£128.25
Taylor & Francis Banking Law and Financial Regulation in the UK
Book SynopsisBanking Law and Financial Regulation in the UK and EU seeks to blend orthodox topics covered within the banking and financial law syllabus, such as sources of banking and financial law, financial markets, financial and banking institutions, financial transactions, and banking and financial insolvency, with a careful analysis of emerging issues and more contemporary topics.This advanced-level textbook offers a new format for the study of banking and financial law, placing it within the wider context of economic development. As such, two elements are integral to this new methodology: the rise of techno-banking and digitalisation of the financial sector, and Brexit. Departing from the approaches of more traditional textbooks in this area, the book also takes a comparative approach to UK and EU banking law, highlighting the legal consequences of the UKâs exit from the EU. Aspects of human rights are integrated throughout and current debates and developments around financ
£36.09
Taylor & Francis Vegan Witchcraft
Book SynopsisVegan Witchcraft is the first book to blend theories of animal rights, feminism, and modern witchcraft in pursuit of total liberation.Perhaps the most foundational of all ethics in modern witchcraft is the creed: Do no harm. Despite this, multi-species suffering persists in non-vegan witchcraft. Vegan Witchcraft examines this intriguing conflict, unpacking the role of Nonhuman Animals in modern witchcraft from a vegan feminist perspective to illuminate inequalities that persist in alternative spiritual practices in the West. Recognising Nonhuman Animals as comrades instead of consumables, vegan witchcraft confronts the harm imposed on nature, humans, and other animals and identifies witchery as a powerful conduit for social change that draws its energy from plant-based foods, multispecies solidarity, and feminine power. The book critically analyses popular witchcraft pathways in Britain and America to interrogate the many ways in which Nonhuman Animals are overlooked, objectified, or exploited, highlighting theological inconsistencies and missed opportunities that might be overcome to create a stronger practice for women and their communities. It reimagines witchcraft practice and lore to manifest justice and compassion for fellow humans, Nonhuman Animals, and nature. Veganism is advanced as a magical practice of self-care, community responsibility, conscious consumption, societal transformation, and environmental protection. The book calls for the redirection of the modern witch's path toward a just world and away from the systematic symbolic and material exploitation of Nonhuman Animals that permeates witchcraft today.This book will be essential reading for those interested in critical animal studies, animal rights, ecofeminism, vegan religious studies, environmental philosophy and witchcraft.
£37.99
Taylor & Francis Tort Law
£37.99
Edward Elgar Publishing Research Methods for Contract Law and Scholarship
£128.25
Edward Elgar Towards a Model Sales Law in the Greater Bay Area
Book Synopsis
£85.50
Edward Elgar Publishing Ltd Comparative Law of Obligations
Book SynopsisTrade Review‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’ -- Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, GermanyTable of ContentsContents: I Introduction II Contracts III Unilateral legal transactions IV Non-contractual liability V Negotiorum gestio VI Unjust enrichment VII Main concepts of the Law of Obligations VIII The international harmonisation and unification of the Law of Obligations Index
£42.75
Edward Elgar Publishing Comparative Contract Law Fourth Edition
Book Synopsis
£166.25
Edward Elgar Publishing Comparative Contract Law Fourth Edition
Book Synopsis
£46.50
Edward Elgar Publishing Principles of Contract Law and Theory
Book SynopsisThis informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.
£42.75
Taylor & Francis Liabilities and Modern Artificial Intelligence
Book SynopsisThis book addresses how private law liability should be assigned in contexts where modern forms of AI are deployed.AI as a technology holds the potential to radically improve global society, yet the pace of its advancement far outstrips the pace at which legal systems are responding. This book explores legal approaches to AI, how AI should be legally characterised, and proposes an overarching theoretical liability framework termed the Tri-Phase AI Liability Model. This framework is flexible in nature and considers the type of AI, the context in which it is deployed, who has the most control over the AI system and the capacity of a deployed AI. In response, this book brings greatly needed clarity to the evolving landscape of AI governance, aiding in resolving existing and emerging private law challenges.This book is a timely response to the urgent need to resolve private law liabilities and will appeal to legal professionals, policymakers, and scholars looking to understand or contribute to the current and future governance of AI within private law.
£137.75
Cambridge University Press Party Autonomy in Contractual Choice of Law in
Book SynopsisThe principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties'' choice of law clauses in an international commercial contract should be enforced by ChineTrade Review'The book analyses party autonomy in PRC law. It considers when the PRC courts will override parties' express choice of law in the social or public interest. It also discusses the likelihood (or not) of PRC courts allowing parties to stipulate non-state law (e.g., the lex mercatoria) as contractual governing law. As a bonus, it sets out the historical and philosophical underpinnings of party autonomy in China. The work is to be commended for its clarity and breadth.' Anselmo Reyes, The University of Hong Kong'Private commercial relations with the People's Republic of China have grown significantly in recent years. Mechanisms for international dispute resolution are therefore important. Given differences in substantive law and uncertainty about a commercial partner's legal system, private agreements on the applicable law (party autonomy) become of central importance. Jieying Liang's work is a masterful and comprehensive study of the development of party autonomy and its present status under the 2010 Chinese Conflicts Statute, including limitations resulting from mandatory norms and the ability to choose non-state law. It is an indispensable resource.' Peter Hay, L. Q. C. Lamar Professor of Law Emory University, AtlantaTable of Contents1. The development of the party autonomy principle in China; 2. The background to the development of party autonomy; 3. The existence and validity of parties' choice of law; 4. The 'law' that can be chosen by parties; 5. Statutory restrictions on party autonomy (I); 6. Statutory restrictions on party autonomy (II); 7. Ascertainment of the foreign law chosen by parties; 8. Contractual choice of law under the 'One Country, Two Systems' regime; 9. The party autonomy principle in the context of the Chinese legal system.
£113.41
Cambridge University Press Principle and Policy in Contract Law
Book SynopsisStephen Waddams argues that it is an over-simplification to insist upon too sharp a distinction between the concepts of principle and policy in contract law. Each has incorporated elements of the other, enabling English contract law to change over time while maintaining a high degree of stability and predictability.Trade Review"Principle and Policy is full of elegant and effective historical analysis and has much to offer anyone wanting a better understanding of the development of contract doctrine." -Charlie Webb, London School of Economics and Political Science, UNIVERSITY OF TORONTO LAW JOURNALTable of Contents1. Introduction: empire of reason or republic of common sense?; 2. Intention, will, and agreement; 3. Promise, bargain, and consideration; 4. Unequal transactions; 5. Mistake; 6. Public policy; 7. Enforcement; 8. Conclusion: joint dominion of principle and policy.
£37.99
John Wiley & Sons Inc Contract Law For Dummies
Book SynopsisTake the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools.Table of ContentsIntroduction 1 Part I: Introducing Contract Law and Contract Formation 7 Chapter 1: Getting the Lowdown on Contract Law 9 Chapter 2: Let's Make a Deal: Offer and Acceptance 23 Chapter 3: Sealing the Deal: The Doctrine of Consideration 45 Chapter 4: Noting Exceptions: Promises Enforceable without a Contract 63 Part II: Determining Whether a Contract Is Void, Voidable, or Unenforceable 77 Chapter 5: Introducing Contract Defenses 79 Chapter 6: Considering Whether an Agreement Is Unenforceable Due to Illegality or Unfairness 89 Chapter 7: Evaluating the Parties' Ability to Make the Contract 105 Chapter 8: Assessing the Enforceability of Oral Agreements 119 Part III: Analyzing Contract Terms and Their Meaning 135 Chapter 9: Evaluating Unwritten Terms with the Parol Evidence Rule 137 Chapter 10: Finding Unwritten Terms That Complete the Contract 151 Chapter 11: Interpreting Contracts 169 Part IV: Performing the Contract or Breaching It 183 Chapter 12: Evaluating Whether Contract Modifi cations Are Enforceable 185 Chapter 13: Deciding Whether Unforeseen Events Excuse Performance 201 Chapter 14: Checking for Conditional Language 213 Chapter 15: Breaching the Contract by Anticipatory Repudiation 235 Part V: Exploring Remedies for Breach of Contract 247 Chapter 16: Examining How Courts Handle Breach of Contract 249 Chapter 17: Exploring Remedies in Article 2 of the UCC 267 Chapter 18: Checking for Additional Remedies 285 Part VI: Bringing Third Parties into the Picture 303 Chapter 19: Deciding Whether a Third Party Can Enforce or Interfere with a Contract 305 Chapter 20: Acknowledging the Rights and Duties of Third Parties 315 Part VII: The Part of Tens 325 Chapter 21: Ten Questions to Ask When Analyzing a Contracts Problem 327 Chapter 22: Ten Notable People (And Philosophies) in Contract Law 337 Appendix: Glossary 341 Index 345
£17.59
John Wiley and Sons Ltd International Construction Contract Law
Book SynopsisThe updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author an expert in international construction contracts puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous conTable of ContentsAbout the Author xxiii Foreword xxv Svend Poulsen Acknowledgments xxvii Introductory Remarks xxix ShuiboZhang Introductory Remarks xxxi Robert Werth Introductory Remarks xxxiii Ilya Nikiforov 1 International Construction Projects 1 1.1 The unique nature of the construction industry 1 1.2 Individuality of construction projects 1 1.3 Roles and relationships 2 1.4 Contract administration 4 In-Text Vignette: Engineer’s power to re-rate due to substantial increase in BoQ quantities by Albert Yeu (Hong Kong) 10 1.5 Further important aspects of construction projects 11 1.6 Typical contractual relationships 12 In-Text Vignette: Shipping and marine construction contracts in Asia by Knut Kirkhus (Oman)12 1.7 Motivation for international business 15 In-Text Vignette: The Italian construction industry: Between past and future by SDG & Partners (Italy) 17 1.8 Managerial analysis 20 1.9 Hazards and risks 21 1.10 Hazard identification 21 1.11 Risk analysis 22 1.12 Anti-risk measures 22 1.13 Typical hazards in the international construction business 23 In-Text Vignette: Corruption on Peruvian gas pipeline contract by Enrique Moncada Alcantara (Peru) 24 In-Text Vignette: Anticorruption and construction contract law by Enrique Moncada Alcantara (Peru) 27 In-Text Vignette: Indian law by C.K. Nandakumar and Rishabh Raheja (India) 33 1.14 Risk allocation in contracts 35 In-Text Vignette: Wrongforms of contract by James Bremen (UK) 36 In-Text Vignette: The importance of early analysis of risk, knowledge of efficient risk allocation and right choice of delivery method by Conor Mooney (France) 36 1.15 Form of Business Organization 42 In-Text Vignette: To deal with subcontracts in international construction projects by Giuseppe Broccoli and Fabio Zanchi (Italy) 42 In-Text Vignette: Interface agreements between subcontractors by Bernd Ehle and Sam Moss (Switzerland) 48 2 Civil Law and Common Law 55 2.1 Specifics of the governing law 55 2.2 Common law versus civil law: Differences and interconnections 55 In-Text Vignette: The common law of Australia and the influence of statutory law by Donald Charrett (Australia) 57 2.3 Delay damages (liquidated damages) versus contractual penalty 59 In-Text Vignette: The use of liquidated damages in construction projects by Rob Horne (UK) 60 In-Text Vignette: Penalty clauses and liquidated damages under Brazilian law by Thiago Fernandes Moreira and Caio Gabra (Brazil) 72 2.4 Substantial completion versus performance 76 2.5 Binding nature of adjudication awards 78 2.6 Limitation of liability 79 2.7 Lapse of claim due to its late notification (time bars) 79 2.8 Allocation of unforeseeable and uncontrollable risk to the contractor 80 2.9 Contract administration (the Engineer’s neutrality and duty to certify) 90 2.10 Termination in convenience 90 In-Text Vignette: Isan employer in breach of contract prevented from terminating the contract for its convenience? by Cecilia Misu (Germany) 91 2.11 Time-related issues 93 2.12 Quantification of claims 94 2.13 Statutory defects liability 95 2.14 Performance responsibility: Reasonable skill and care versus fitness for purpose 95 2.15 Common law, civil law, and Sharia interconnections 96 In-Text Vignette: Considerations for the construction of offshore oil and gas structures in the Middle East by Faisal Attia and Fernando Ortega (Qatar) 97 3 Common Delivery Methods 102 3.1 Common delivery methods: Main features 102 3.2 General contracting 104 3.3 Design-build 105 In-Text Vignette: Dutch design and construct of infrastructural projects in complex environments by Joost Merema (the Netherlands) 109 In-Text Vignette: Best value in the Netherlands by J.N. (Jaap) de Koning (the Netherlands) 126 In-Text Vignette: Concern over increasing adoption of design build for infrastructure works—JICA funding projects by Takashi Okamoto (Japan) 128 3.4 Construction management 131 In-Text Vignette: Interface management and interface agreements by Zachary Ferreira (the United States) and Alex Blomfield (UK) 132 3.5 Multiple-prime contracts 138 3.6 Partnering 138 In-Text Vignette: Integrated project delivery—“Collaborate rather than litigate” by Edward J. (“Ned”) Parrott (the United States) 139 3.7 Alliancing 140 In-Text Vignette: Targetprice and early risk identification/management: London 2012 Olympics by Klaus Grewe (UK) 140 3.8 Extended delivery methods (PPP, BOT, DBO) 143 In-Text Vignette: Public-private partnerships by Steven Van Garsse (Belgium) 144 In-Text Vignette: Infrastructure through public-private partnerships in the Philippines by Aris L. Gulapa and Dan Kevin C. Mandocdoc (the Phillipines) 146 3.9 Further aspects of delivery methods 153 In-Text Vignette: BIM—The way forward? by Christopher Miers (UK) 156 In-Text Vignette: Developments in BIM application: Legal aspects by Joost Merema (the Netherlands) 159 In-Text Vignette: BIM: A superior approach for infrastructure construction by Josef ák (the Czech Republic) 166 4 Specifics of EPC and EPCM 172 4.1 EPC and EPCM 172 4.2 Engineer procure construct (EPC) 172 In-Text Vignette: The employer’s pitfall in the use of FIDIC conditions of contract for the EPC/turnkey projects (Silver book) in Indonesia by Sarwono Hardjomuljadi (Indonesia) 175 4.3 Bespoke EPC contracts 177 In-Text Vignette: Mitigating the risk of delays in power plant projects: An EPC contractor’s view on different contractual concepts by Jacob C. Jørgensen (Denmark) 178 4.4 Turnkey EPC contracts 185 In-Text Vignette: Water treatment wind farm, and road construction projects in Asian and African countries by Stéphane Giraud (France) 186 4.5 Front end engineering design 188 In-Text Vignette: Key issues in the procurement of international hydropower construction contracts by Alex Blomfield (UK) 189 4.6 Engineer procure construction management (EPCM) 192 In-Text Vignette: The use of the EPCM delivery method in the mining industry by Mark Berry (UK) and Matthew Hardwick (UK) 195 4.7 EPC versus EPCM 200 In-Text Vignette: Offshore construction by Fernando Ortega (Qatar) 202 5 Unification and Standardization in International Construction 215 5.1 Unification of contracts 215 5.2 Unification per law, principles, and sample documents 215 In-Text Vignette: Resolving construction claims under investment treaty arbitration by Fernando Ortega (Qatar) 218 5.3 Lenders and their influence on unification 220 5.4 Standard form of contract in a governing law context 222 5.5 Purpose of sample documents in construction projects 222 5.6 Standard sample forms as a source of law 224 5.7 Lex causae 224 5.8 Interpretation 225 In-Text Vignette: Inconsistency in contract documents by Patrick Kain (South Africa) 226 5.9 Trade usage and business custom 229 In-Text Vignette: A common law of construction contracts—or Vive La différence? by Donald Charrett (Australia) 230 5.10 Lex constructionis principles 232 In-Text Vignette: Contractor’s duty to mitigate delay and damages under FIDIC 1999 standard forms and in lex mercatoria by Vladimir Vencl (Serbia) 234 5.11 The use of lex constructionis 240 In-Text Vignette: Future-proofing construction contracts by Shy Jackson (UK) 240 6 Price 244 6.1 Contract price 244 In-Text Vignette: International construction measurement standards: Global consistency in cost analysis by Simon Collard (United Arab Emirates) 245 6.2 Bid pricing methods 247 6.3 Methods of contract price determination 248 6.4 Re-measurement 249 6.5 The lump sum 252 6.6 Cost plus 252 6.7 Guaranteed maximum price 253 6.8 Target price 253 6.9 Payment 254 In-Text Vignette: Taxation in international construction contracts by Alex Blomfield (UK) 255 In-Text Vignette: Managing the risk of non-payment by Sean Sullivan Gibbs (UK) 257 6.10 Contract price under FIDIC forms 261 6.11 Cost overruns 263 6.12 Abnormally low tender (ALT) 264 In-Text Vignette: Best value approach in the Netherlands by Wiebe Witteveen (the Netherlands) 265 6.13 Claims as part of contract price 273 6.14 Public procurement law limitations 273 In-Text Vignette: A concept of variation in a construction contract under Polish public procurement by Michał Skorupski (Poland) 275 7 Time 280 7.1 Time in construction 280 7.2 Delay 280 7.3 The United Kingdom Society of construction law delay and disruption protocol 282 7.4 Time program 283 7.5 Ownership of floats 285 In-Text Vignette: Time extension and float ownership under the FIDIC Red and Yellow Books (1999) by Frank Thomas (France) 285 7.6 Time at large and extension of time (EOT) 298 7.7 Concurrent delay 300 In-Text Vignette: Delay clauses in different jurisdictions by Jacob C. Jørgensen (Denmark) 301 7.8 Disruption 302 7.9 Time for completion under FIDIC forms 303 7.10 Time program under FIDIC forms 304 In-Text Vignette: A lack of realism in negotiations by James Bremen (UK) 306 7.11 Delay and suspension under FIDIC forms 306 7.12 Contract termination under FIDIC forms 309 8 Variations 313 8.1 Variation clauses 313 8.2 Variations under FIDIC forms 315 In-Text Vignette: Sub-Clause 13.2 value engineering under the FIDIC forms by Manuel Conthe (Spain) 316 8.3 Claims related to variations 319 In-Text Vignette: The nightmare of valuing omissions by Aymen K. Masadeh and Remon Farag (UAE) 321 8.4 Acceleration 329 In-Text Vignette: Drafting acceleration agreements by Alan Whaley (UK) 333 In-Text Vignette: The U.S. approach to constructive acceleration by Robert A. Rubin and Sarah Biser (the United States) 336 In-Text Vignette: Constructive acceleration claims: A common law perspective by Alan Whaley (UK) 339 8.5 Proving the acceleration claim 340 8.6 Substantial change 342 In-Text Vignette: Modification of contracts during their execution under EU law by Odysseas P. Michaelides (Cyprus) 343 In-Text Vignette: ITER—An International project for the construction of a first-of-a-kind fusion nuclear installation under the FIDIC forms by Karoly Tamas Olajos (France) 347 9 Claims 364 9.1 Claims 364 In-Text Vignette: Claims caused by deficiencies in tender documents by James Bremen (UK) 368 9.2 Contractor’s claims under FIDIC forms 368 9.3 Employer’s claims under FIDIC forms 369 In-Text Vignette: Employer’s notices by Victoria Tyson (UK) 369 In-Text Vignette: Claims in the St. Petersburg flood protection barrier construction by Aleksei Kuzmin (Russia) 373 9.4 Lapse of claim 377 9.5 Cause of the claim 378 9.6 Limits of the lapse of claim 379 In-Text Vignette: Construction claims in the UK by Garry Kitt (UK) 381 In-Text Vignette: Condition precedent and time-barred claims under Polish law by Michał Skorupski (Poland) 383 In-Text Vignette: Australian position on time bars by Andrew P. Downie (Australia) 385 In-Text Vignette: Timebars under Kuwaiti law by Dina Al Ansary (Kuwait) 392 10 Claim Management 395 10.1 Claim management 395 10.2 Claims for extension of time (EOT) 396 10.3 Claims for additional payment 398 10.4 Claims resulting from delay and/or disruption under the provisions of the contract 399 In-Text Vignette: Considerations related to site overhead claims by Gary Kitt (UK) 400 In-Text Vignette: Head office overhead claims under FDIC contracts by Alan Whaley (UK) 410 In-Text Vignette: Calculation and recovery of home/head office overhead in North America by James G. Zack (the United States) 412 10.5 Claims resulting from governing law 424 10.6 Global claims 425 In-Text Vignette: All global claims are not negatively “global”! by Frank Thomas (France) 428 10.7 Contractor’s claim management under FIDIC forms 429 10.8 Employer’s claim management under FIDIC forms 431 10.9 Intercultural aspects 432 In-Text Vignette: “Claim” as perceived in the Polish civil law environment by Michał Skorupski (Poland) 434 10.10 Claim management implementation 436 In-Text Vignette: Claims in a tunnel construction in the Republic of Serbia by Radim Wrana (the Czech Republic) 437 In-Text Vignette: The evolution of contractor’s claims in Peru/South America by Jerry Pessah (Peru) 438 11 Construction Dispute Boards 442 11.1 Construction disputes 442 In-Text Vignette: Construction dispute in sheet metal galvanizing line project by Patrick Kain (South Africa) 442 11.2 Dispute boards 444 In-Text Vignette: Project dispute avoidance by Christopher J. Mather (the United States) 445 In-Text Vignette: Dispute resolution boards: The long-term experience from the United States by Robert A. Rubin (the United States) 451 11.3 Contractual adjudication: The use of DAB in FIDIC forms 454 In-Text Vignette: Construction disputes in Ukraine by Roger Ribeiro and Yaryna Bakhovska (Ukraine) 457 11.4 Enforcement of dispute board decisions 464 In-Text Vignette: The Persero proceedings and the issue of the enforcement of a non-final DAB decision under the FIDIC conditions by David Brown (UK) 469 11.5 Statutory adjudication 471 In-Text Vignette: Statutory adjudication by Nigel Grout (UK) 471 In-Text Vignette: Settling construction disputes in Hungary by Tamás Balázs (Hungary) 474 In-Text Vignette: Statutory adjudication in Australia by Donald Charrett (Australia) 475 In-Text Vignette: Statutory adjudication in Malaysia by Albert Yeu (Hong Kong) 481 12 FIDIC 485 12.1 FIDIC expansion 485 In-Text Vignette: Using translated texts in FIDIC contracts: The Spanish case by Ignacio de Almagro (Spain) 485 12.2 FIDIC 487 12.3 FIDIC’s influence on the construction industry 488 12.4 FIDIC membership 488 12.5 Networking activities 489 In-Text Vignette: The use of FIDIC forms in Russia by Dmitry Nekrestyanov (Russia) 492 In-Text Vignette: The use of FIDIC forms in Brazil by Rafael Marinangelo (Brazil) 493 In-Text Vignette: The use of FIDIC Forms within the construction contract law of Turkey by Yasemin Çetinel (Turkey) 493 In-Text Vignette: The use of FIDIC forms in Azerbaijan by Farid Nabili (Azerbaijan) 502 In-Text Vignette: The use of FIDIC forms in Nigeria by Marc J. Enenkel (Germany) 505 In-Text Vignette: The use of FIDIC forms in Ukraine by Svitlana Teush (Ukraine) 507 In-Text Vignette: The use of FIDIC forms in Vietnam by David Lockwood (Vietnam) 513 In-Text Vignette: The use of FIDIC forms in Kazakhstan by Artyushenko Andrey (Kazakhstan) 517 12.6 FIDIC forms of contract 522 In-Text Vignette: Journey to the “kitchen” of FIDIC: How FIDIC publications are produced by Husni Madi (Jordan) 524 12.7 The structure of the contract under FIDIC forms 527 12.8 Conditions of contract for construction (CONS)—1999 Red Book 530 In-Text Vignette: Misapplications of FIDIC contracts in the United Arab Emirates by Kamal Adnan Malas (United Arab Emirates) 531 12.9 Conditions of contract for plant and design-build (P&DB)—1999 Yellow Book 535 12.10 Conditions of contract for EPC/Turnkey projects (EPC)—1999 Silver Book 536 12.11 Short form of contract—Green Book 537 12.12 Construction subcontract 537 12.13 Conditions of contract for design, build, and operate (DBO)—Gold Book 538 In-Text Vignette: The 2017 updates of the 1999 FIDIC forms of contracts (Red, Yellow, and Silver Books) by Zoltán Záhonyi (Hungary) 541 12.14 Other FIDIC standard forms 547 In-Text Vignette: FIDIC suite of consultant agreements by Vincent Leloup (France) 547 In-Text Vignette: The use of FIDIC contracts by the mining industry in Africa by Coenraad Snyman (South Africa) 551 12.15 Risk allocation under FIDIC forms 553 In-Text Vignette: China’s standard form of construction contract in comparison with FIDIC forms by Shuibo Zhang (China) 556 In-Text Vignette: Explanation of FIDIC EPC risk allocation by FIDIC 561 In-Text Vignette: The FIDIC golden principles—A new approach to discouraging inappropriate amendments to standard form contracts by Donald Charrett (Australia) 563 12.16 Design responsibility under FIDIC forms 566 In-Text Vignette: Design Liability: risk share, conflicts and a little bit of common sense? by Cecilia Misu (Germany) 568 13 Other Standard Forms of Construction Contracts: NEC, ICC, ENNA, IChemE, Orgalime, AIA, VOB 580 13.1 Common standard forms of construction contracts 580 13.2 The NEC (New Engineering Contract) 580 In-Text Vignette: The NEC form of contract—ready for the international market by Rob Horne (UK) 585 13.3 FIDIC forms versus NEC3 594 13.4 ICC forms of contract 597 13.5 ENAA forms of contract 597 13.6 IChemE forms of contract 598 13.7 Orgalime forms of contract 599 13.8 Standard forms of construction contracts in the Czech Republic 600 In-Text Vignette: United States standard form contracts by Edward J. (“Ned”) Parrott (the United States) 602 13.9 VOB: German standard 607 13.10 Invalid clauses in German case law 613 In-Text Vignette: The standard forms of construction contract in Australia by John Sharkey (Australia) 614 In-Text Vignette: Construction contracts in the Republic of Ireland by Arran Dowling-Hussey (Ireland) 617 14 Risk and Insurance 623 14.1 Insurance in construction 623 14.2 Commercial risk, risk of damage, and exceptional risk 624 In-Text Vignette: Weather risk in offshore wind construction contracts by Alex Blomfield (UK) 627 14.3 Risk management in the standard forms of contract 630 14.4 Hazards and risks in construction projects 632 In-Text Vignette: The difficulties connected to construction risk quantification by Dejan Makovšek(France) 635 14.5 Insurance requirements in standard forms of contract 640 In-Text Vignette: Professional indemnity insurance under the FIDIC yellow book by Richard Krammer (Austria) 642 In-Text Vignette: Insurance in hydropower projects by Alex Blomfield (UK) 651 14.6 Practical aspects of insurance in construction projects 652 In-Text Vignette: Incompatibility of the construction contract with the insurance contract by Karel Fabich (the Czech Republic) 655 14.7 International insurance law and insurance standards in the construction industry 655 In-Text Vignette: Construction/erection all risk insurance in the offshore wind industry by Gregory Efthimiu (Germany) 658 15 Risk in Underground Construction 664 15.1 Underground construction hazards and risks 664 15.2 Code of practice for risk management of tunnel works 665 15.3 Alternatives of unforeseeable physical conditions risk allocation 667 In-Text Vignette: Geotechnical baseline reports as a risk management tool by Randall J. Essex (the United States) 668 In-Text Vignette: Geotechnical baseline used in contractor’s bid by Michal Uhrin (the Czech Republic) 679 15.4 Unforeseeability 684 15.5 “Unforeseeability” according to FIDIC forms 684 15.6 Site data 686 In-Text Vignette: Water-related construction projects by Robert Werth(Germany) 689 15.7 Sufficiency of the accepted contract amount 691 15.8 Unforeseeable physical conditions 692 In-Text Vignette: Ground conditions risk in an EPC contract for a gas treatment plant by Cristina Della Moretta (Italy) 693 15.9 Unforeseeable operation of the forces of nature 697 In-Text Vignette: Clairvoyance: A contractor’s duty? by Gustavo Paredes and Katherine Waidhofer (Peru) 697 15.10 Force majeure 700 15.11 Release from performance under law 701 16 Securities 703 16.1 Securities in construction 703 16.2 Bank guarantees 704 16.3 Functions and parameters of bank guarantees 704 16.4 Specifics of retention guarantee 706 In-Text Vignette: Performance security and termination payment security in hydropower projects by Alex Blomfield (UK) 708 16.5 Governing law 709 In-Text Vignette: Common law specifics related to securities by Rupert Choat and Aidan Steensma (UK) 710 16.6 ICC rules related to securities 712 16.7 Suretyship 712 16.8 Stand-by letter of credit 713 16.9 Securities under FIDIC forms 714 17 Civil Engineering Works: Infrastructure Construction Projects 716 17.1 Investments in developing countries 716 17.2 The approach to the risk allocation in the United States 717 17.3 The approach to the risk allocation in the United Kingdom 719 In-Text Vignette: Construction of airports by Patrick Kain (South Africa) 720 17.4 The approach to the risk allocation in Central and Eastern Europe 722 In-Text Vignette: The Romanian experience by Claudia Teodorescu (Romania) 725 17.5 The Polish experience 731 In-Text Vignette: FIDIC Forms and contractual relationships in Poland by Aleksandra Marzec (Poland) 731 In-Text Vignette: Market environment prior to and after 2008: The need for change in procurement by Michał Skorupski (Poland) 734 In-Text Vignette: Claims considerations by Aleksandra Marzec (Poland) 740 In-Text Vignette: Contractor defense measures by Michał Skorupski (Poland) 745 17.6 The Czech experience 748 In-Text Vignette: Local limits for development: An interview with Shy Jackson (UK) by Lukas Klee (the Czech Republic) 750 18 Building Construction: Health Care Facilities 756 18.1 Health care facility construction project 756 18.2 Pre-design planning phase 756 18.3 Design phase 757 18.4 Basic structure of a hospital 758 18.5 Efficiency and cost effectiveness 758 18.6 Flexibility and expandability 759 18.7 Therapeutic environment 759 18.8 Cleaning and maintenance 759 18.9 Controlled circulation and accessibility 760 18.10 Aesthetics 760 18.11 Health and safety 761 18.12 Use of information technology 761 18.13 Relevant regulations and standards 761 18.14 Health care facility construction project: Suitable delivery method 762 Appendix A: Interactive Exercises 766 A.1 Interactive exercise 1: Delivery method selection 766 A.1.1 Task 766 A.2 Interactive exercise 2: Claim for delayed site handover 767 A.2.1 Task 767 A.2.2 Time schedule (program) 768 A.2.3 Site handover procedure 768 A.2.4 Mobilization 768 A.2.5 Acceleration 768 A.2.6 Claims 768 A.3 Interactive exercise 3: Claim due to suspension of work 769 A.3.1 Task 769 A.3.2 Suspension 769 A.3.3 Mobilization 769 A.3.4 Claims 770 A.4 Interactive exercise 4: Subcontractor claim for contractor delay (lack of cooperation, inadequate on-site coordination and improper, unclear, and delayed instructions) 770 A.4.1 Task 770 A.4.2 Fact 1—Lack of cooperation 771 A.4.3 Fact 2—Inadequate on-site coordination 771 A.4.4 Fact 3—Improper, unclear, and delayed instructions 771 Appendix B: Sample Letters (Examples of Formal Notices) 772 Appendix C: Dictionary of Construction Terms: English, German, French, Hungarian, Czech, Russian, Polish, Spanish, Portuguese and Chinese 791 C.1 Dictionary—General part 792 C.2 Dictionary—Contractor’s claims 800 C.3 Dictionary—Employer’s claims 804 Appendix D: Claim Management System under FIDIC Forms 807 D.1 Claim management team responsibilities 807 D.1.1 E1—Project manager 807 D.1.2 E2—Design and time schedule (program) 808 D.1.3 E3—Site manager 808 D.1.4 E4—Contract interpretation, monthly statements, invoicing, insurance, subcontractors, employer’s claims, mutual claims in a joint venture 809 D.1.5 E5—Administrative support 809 D.2 Claim management processes 810 D.3 Table of contractor’s claims under FIDIC CONS 811 D.4 Table of employer’s claims under FIDIC CONS 811 Appendix E: FIDIC Forms Risk Allocation Charts 813 E.1 Chart No.1: Basic risk allocation alternatives in connection with unforeseeable physical conditions 813 E.2 Chart No. 2: Basic comparison of risk allocation (claims options) in FIDIC CONS/1999 red book, P&DB/1999 yellow book, and EPC/1999 silver book 813 Index 817
£84.56
John Wiley and Sons Ltd A Practical Guide to the NEC4 Engineering and
Book SynopsisProvides construction industry professionals with a practical and detailed guide to the NEC4 contract The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This new edition of the book covers all changes in the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4. Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; thespirit of mutual trust'; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealingTable of Contents1 Introduction 1 1.1 General 1 1.2 Mechanics not law 2 1.3 A simple formula for understanding a contract 3 1.4 Mandatory or discretionary 4 1.5 Conditions precedent 4 1.6 Note on use of uppercase in keywords and phrases 5 2 Background to the NECECC 7 2.1 The background: First edition 7 2.2 The second edition 8 2.3 The third edition 9 2.4 The third edition (reprinted) 9 2.5 The fourth edition 9 2.6 Endorsement of NEC3 by the Office of Government Commerce 10 2.7 Endorsement by the Development Bureau, HKSAR Government 11 2.8 General philosophy: Aims and objectives 12 2.9 Flexibility 12 2.10 Clarity and simplicity 13 2.11 Stimulus to good management 14 2.12 Other characteristics 15 3 The Options: An Overview 17 3.1 General arrangement of the ECC 17 3.2 Other documents referred to 19 3.3 Contract Data 20 3.4 The published documents 20 3.5 Main Options: General outline 21 4 Spirit of Mutual Trust and Cooperation 25 4.1 Introduction 25 4.2 The clauses 25 4.3 What does it mean? 27 4.4 Practical issues 28 5 The Cast of Characters 33 5.1 Introduction 33 5.2 The Client 33 5.3 The Project Manager 35 5.4 The Supervisor 38 5.5 The Contractor 38 5.6 The Senior Representatives 39 5.7 The Adjudicator 40 5.8 The Tribunal 41 5.9 The Dispute Avoidance Board 41 5.10 Subcontractors 42 5.11 ‘Others’ 42 5.12 Named Suppliers 43 5.13 Designers 43 5.14 Principal Designer 44 5.15 Principal Contractor 45 5.16 Practical issues 45 6 Communications, Early Warnings and other General Matters 47 6.1 Introduction 47 6.2 Communications:The clause 47 6.3 Communications: Practical issues 49 6.4 Early warnings: The clause 51 6.5 Early warnings: Practical issues 53 6.6 Other matters:The clauses 55 6.7 Other matters: Practical issues 59 7 The Contractor’s Main Responsibilities 61 7.1 Introduction 61 7.2 Providing theWorks 61 7.3 Contractor’s design 62 7.4 Information modelling 66 7.5 Other matters 68 7.6 Practical issues 72 8 Subcontracting 75 8.1 Introduction 75 8.2 Definition of a Subcontractor 75 8.3 The core clauses 76 8.4 Provisions in the Main Options 76 8.5 Practical issues 77 8.6 Options for forms of subcontract in the NEC4 family 78 9 Quality Management 81 9.1 Introduction 81 9.2 Quality management system 81 9.3 Tests and inspections 82 9.4 What is a Defect? 84 9.5 The Defect procedure 84 9.6 The Defects Certificate 86 9.7 Uncorrected Defects 87 9.8 Practical issues 87 10 Title 91 10.1 Introduction 91 10.2 The core clauses 91 10.3 Practical issues 92 11 Liabilities and Insurance 95 11.1 Introduction 95 11.2 The core clauses 95 11.3 Secondary options 98 11.4 Practical issues 99 12 Time 101 12.1 Introduction 101 12.2 The programme: Contents 102 12.3 The programme: Submitting, accepting and revising 107 12.4 The programme: Practical issues 110 12.5 Starting and finishing 118 12.6 Other matters 121 12.7 Secondary Options related to Time 124 12.8 Practical issues 126 13 Payment 131 13.1 Introduction 131 13.2 The payment process 131 13.3 Payments in multiple currencies 134 13.4 Interim payments – The amount due and the Price for Work Done to Date 135 13.5 Supporting documents and records 145 13.6 Final assessment 148 13.7 The Contractor’s share 150 13.8 The Contractor’s share: Practical issues 152 13.9 Special provisions for the United Kingdom 153 13.10 Related Secondary Options 157 13.11 Practical issues 162 14 The Schedules of Cost Components 169 14.1 Introduction 169 14.2 The Schedule of Cost Components 169 14.3 The Short Schedule of Cost Components 174 14.4 Application to Subcontractors 175 14.5 Practical issues 176 15 Compensation Events:Theory and Events 179 15.1 Introduction 179 15.2 The theory 179 15.3 The events 181 15.4 Practical issues 196 16 Compensation Events: Procedures 199 16.1 Introduction 199 16.2 Notification by the Project Manager 200 16.3 Notification by the Contractor and the Project Manager’s reply 203 16.4 Other matters associated with notifying compensation events 206 16.5 Quotations: Substance 208 16.6 Quotations: Submission and reply 210 16.7 Assessments by the Project Manager 215 16.8 Proposed instructions 217 16.9 Implementing compensation events 218 16.10 Practical issues 219 17 Compensation Events: Assessment 227 17.1 Introduction 227 17.2 Changes to the Prices 228 17.3 Changes to the Completion Date and Any Key Dates 232 17.4 Project Manager’s assumptions 234 17.5 Other related matters 236 17.6 Practical issues 238 18 Termination 243 18.1 Introduction 243 18.2 Reasons for termination 243 18.3 Secondary Option X11 247 18.4 Implementing termination 248 18.5 Procedures after termination 248 18.6 Assessing the amount due after termination 250 18.7 Practical issues 252 19 Resolving and Avoiding Disputes 255 19.1 Introduction 255 19.2 Option W1 256 19.3 Option W2 261 19.4 Option W3 267 19.5 Practical issues 270 20 Secondary Options 273 20.1 Introduction 273 20.2 X2: Changes in the law 273 20.3 X4: Ultimate holding company guarantee 274 20.4 X12: Multiparty Collaboration 274 20.5 X13: Performance bond 279 20.6 X17: Low performance damages 280 20.7 X18: Limitation of liability 280 20.8 X20: Key Performance Indicators 281 20.9 X21:Whole Life Cost 282 20.10 X22: Early Contractor Involvement 283 20.11 Y(UK)3:The Contracts (Rights ofThird Parties) Act 1999 288 20.12 Z: Additional conditions of contract 288 20.13 Practical issues 289 21 Completing the Contract Data 291 21.1 Introduction 291 21.2 Purpose and form of the Contract Data 291 21.3 Contract Data Part One 292 21.4 Contract Data Part Two 304 21.5 Practical issues 309 22 The Supporting Documents: Need and Content 311 22.1 Introduction 311 22.2 Scope 312 22.3 Site Information 324 22.4 Practical issues 325 Bibliography 329 Appendix 1 Tables of Clause Numbers, Case Lawand Statutes 331 Appendix 2 Tables of Client’s, Project Manager’s, Supervisor’s, Contractor’s, Senior Representatives, Adjudicator’s, Dispute Avoidance Board and Tribunals Actions 341 Appendix 3 Tables of Communication Forms and Their Uses 379
£84.56
Taylor & Francis Ltd Good Faith and Insurance Contracts
Book SynopsisGood Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area.This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners. Table of Contents The insurance contract uberrimae fidei Other contracts of the utmost good faith The nature of the duty of the utmost good faith The source of the duty of utmost good faith Law reform Legislation affecting the duty of good faith The assured’s duty of the fair presentation of the risk at placing The exceptions to the duty of disclosure at placing Modification of the duty of disclosure at placing The post-contractual duty of good faith The assured’s duty of utmost good faith and claims The insurer’s duty Third parties Materiality and inducement Examples of material facts Remedies The loss of the insurer’s right to exercise a remedy or to rely upon a breach of warranty Evidence: Proving a breach of duty or a defence
£475.00
Taylor & Francis Ltd The Law of Duress and Necessity
Book SynopsisThe language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail.This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.Table of ContentsPROLOGUEComparative lawMethodologyCHAPTER 1 – TORT: INTIMIDATION AND DURESS BY THREATS1.1 Intimidation: English case law1.2 New Zealand case law1.3 Australian case law1.4 Canadian case law1.5 Hong Kong case law1.6 Intimidation and three-party cases1.7 The rationale for a tort of intimidation1.8 Unlawful acts1.9 Threatened breach of contract1.10 Threats of lawful action1.11 Defence of justification1.12 Duress by threats as a tortious defence1.13 ConclusionsCHAPTER 2 – CONTRACT: NECESSITY AND UNCONSCIONABLE BARGAIN2.1 English case law2.2 Australian case law2.3 New Zealand case law2.4 Hong Kong case law2.5 Canadian case law2.6 The rationale for unconscionable bargain2.7 The boundaries of unconscionable bargain2.8 ConclusionsCHAPTER 3 – CONTRACT: DURESS3.1 The test for contractual duress3.2 Threats to breach contract3.3 Lawful act duress3.4 Threats of prosecution and litigation3.5 Causation, and burden of proof3.6 Australian case law3.7 New Zealand case law3.8 Hong Kong case law3.9 Canadian case law3.10 The rationale for contractual duress3.11 The relationship with undue influence3.12 ConclusionsCHAPTER 4 – TORT AND CRIME: NECESSITY4.1 Private necessity in tort4.2 Private necessity in American tort law4.3 Public necessity in tort4.4 The rationale for tortious necessity4.5 Best interests intervention in crime and tort4.6 Lesser evil necessity in crime and tort4.7 ConclusionsCHAPTER 5 – CRIMINAL LAW: DURESS5.1 Types of threat5.2 Pain and internal causes5.3 Threats to whom?5.4 Perception and response5.5 Imminence and alternative action5.6 Laying oneself open to duress5.7 A defence to which crimes?5.8 Canadian law5.9 New Zealand law5.10 Australian law5.11 The rationale for criminal duress5.12 An objective standard?5.13 ConclusionsEPILOGUEThe language of duress and necessityAreas of overlapCase law and theory: the key detailsOverall conclusions
£128.25
Taylor & Francis Ltd Ship Sale and Purchase
Book SynopsisShip Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers'' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22.This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which Table of ContentsTable Of Cases, Table Of Legislation, Foreword, Emeritus Editor’s Preface, Author’s Preface, Introduction, Part 1 - Box Format, Clause 1 - Definitions And Interpretation, Clause 2 - Sale And Purchase, Clause 3 - Subjects, Clause 4 - Purchase Price, Clause 5 - Deposit, Clause 6 - Inspection, Clause 7 - Buyers’ On-Board Representatives, Clause 8 - Inspection, Clause 9 - Dry-Dock Inspection, Clause 10 - Condition Of Vessel At Delivery, Clause 11 - Delivery Notices, Clause 12 - Vessel Delay, Clause 13 - Bunkers, Oils And Greases, Clause 14 - Payments, Clause 15 - Delivery Documents, Clause 16 - Delivery, Clause 17 - Post Delivery Obligations, Clause 18 - Sellers’ Termination Rights, Clause 19 - Buyers’ Termination Rights, Clause 20 - Total Loss, Clause 21 - Sanctions, Clause 22 - Anti-Corruption, Clause 23 - Confidentiality, Clause 24 - Notices And Communications, Clause 25 - Entire Agreement, Clause 26 - Bimco Law And Arbitration Clause 2020, Clause 27 - Bimco Electronic Signature Clause 2021, Clause 28 - Additional Clauses And Provisions, Appendix 1 – SHIPSALE 22, Appendix 2 - Saleform 2012, Appendix 3 – SSF2011, Appendix 4 – Nipponsale 1999, Appendix 5 – Barecon 2017, Appendix 6 – SHIPLEASE, Appendix 7 – LMAA Terms and Procedures 2021
£446.50
Taylor & Francis Ltd Essays in Memory of Professor Jill Poole
Book SynopsisThis book is a collection of original, thought-provoking essays on critical issues in contract, commercial and corporate law. It is dedicated to the memory of the late Professor Jill Poole, who inspired so many and made such important contributions to these fields of law. The essays are written by leading practitioners and academics in the field, building on Jill's work. As such this collection will be of interest and importance to professionals, academics and students in these fields of law. The Professor Jill Poole Educational Fund has been established in memory of Jill. It will be used to support undergraduate students in obtaining ''excellence scholarships'' at Aston Law School and to reward ''excellence'' at the annual law graduation ceremony. All contributions are welcome, and the royalties from this collection of essays have been donated to it.Table of Contents1. Keeping Commercial Law Up to Date 2. Examining English contract law in the light of Brexit – an end to the European dream? 3. From the 2004 Communication on European Contract to the 2015 Draft Directive on the Supply of Digital Content: harmonisation, Unification or Transformation of EU Private Law 4. Harmonization and Contract in a Globalized World 5. Integrating Remedies for Misrepresentation: Co-Ordinating a Coherent and Principled Framework 6. The Contract Formation under the Caveat Emptor Rule: Assessing its Utility 7. Consideration in the Modification of Contracts 8. Estoppel and Promises: The Importance of Coherence, Rationalisation, and Adhering to Basic Principles 9. Privity of Contract: Statutory Developments 10. Recent Developments in Illegal Contracts 11. Restraint of Trade Doctrine: A Traditional Tool Fit for the Modern Economy? 12. The Intractable Problems of Illegality and Public Policy in the Law of Contract –A Comparative Perspective 13. Director’ Financial Liabilities Standards: Opportunism and the Proper Approach to Detterence
£128.25
Taylor & Francis Ltd International Commercial Sales The Sale of Goods
Book SynopsisThis book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract.Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikelTable of Contents1. The Sources of Contracts Concluded on Shipment Terms 2. The Legal Nature of c.i.f and f.o.b. Contracts 3. The Creation of a Contract Concluded on Shipment Terms 4. Incorporation of Standard Terms 5. The Sale Contract and the Transport Obligations of the Seller 6. Bills of Lading and their role in Contracts Concluded on Shipment Terms 7. The Transfer of Risk 8. The Transfer of Property in Contracts concluded on Shipment terms 9. Performance of a Contract Concluded on Shipment Terms: the Sellers’ Physical Duties 10. The Seller’s Documentary Duties 11. Letters of Credit and Contracts Concluded on Shipment Terms 12. Rejection and termination of contracts concluded on shipment terms 13. The Vienna Convention on International Sale of Goods
£237.50
Taylor & Francis Ltd Construction Insurance and UK Construction
Book SynopsisConstruction Insurance and UK Construction Contracts has long been the premier text for legal professionals looking for a combined analysis of construction contracts and their relation to insurance law. In a new and updated third edition, this book continues to provide in-depth commentary and pragmatic advice on all the most important regulations and policies surrounding contracts and insurance in the construction industry.This book covers subjects such as: Minor, intermediate and major project construction contracts Classes of insurance contract The role of insurance brokers Risks in construction and legal liability Professional indemnity insurance and directors'' and officers'' liability insurance Bonds and insurance Latent defect insurance Property insurance Health and Safety and Construction Regulations Contract Insurance FIDIC, JCT and NEC 3 regulationsTable of Contents1. Introduction to UK Construction Industry 2. General Rules and Principles of Insurance Law 3. Legal Liability 4. A Broad Overview of Risks in Construction Projects and the Role of Insurance 5. Classes of Insurance Contract 6. Placing the Insurance 7. Appointing Insurance Brokers and the Role of Insurance Brokers 8. The Meaning of "Damage" in Policies Relating to Construction Projects 9. Liability Policies 10. Professional Indemnity Insurance and Directors' and Officers' Liability Insurance 11. Property Damage Policies 12. Latent Defect Insurance 13. Insurance Arrangements and Parties' Ability to Sue and be Sued 14. Bonds and Insurance 15. Property Insurance (Under Higher Tier Property Documents) 16. Contract Insurance Under JCT Standard Form of Building Contract 2011 17. Contract Insurance Under JCT Design and Building Contract 2011 18. Contract Insurance Under JCT Intermediate Building Contract 2011 19. Contract Insurance Under JCT Minor Works Contract 2011 20. Contract Insurance Under JCT Major Project Construction Contract 2011 21. Contract Insurance Under JCT Management Contract 2011 22. Contract Insurance Under JCT Construction Management 2011 23. Contract Insurance Under NEC 3 (2013) 24. FIDIC Conditions of Contract 25. Contract Insurance Under 1 MECH E/IEE MF/1 Contract 26. Contract Insurance Under 1 CHEM E Lump Sum Contracts 27. PFI/PPP Projects in the United Kingdom 28. Health and Safety on Construction Sites 29. Captives 30. Claims and the Third Party Rights Against Insurers Act 31. Dispute Resolution
£427.50
Pearson Education Elliott Quinns Contract Law
Book SynopsisFrances Quinn (LLB) is an award-winning journalist with a particular interest in, and experience of, the law. The late Catherine Elliott (LLB, DEA) was a qualified barrister and experienced university lecturer, who wrote extensively in the field of law. Consultant editor Stephen Bunbury is a Senior Lecturer in Law at the University of Westminster.Table of ContentsPreface Acknowledgements Table of cases Table of statutes Table of statutory instruments Table of EU legislation Introduction Part 1 The formation of a contract Offer and acceptance Certainty Intention to create legal relations Capacity Formalities Consideration Part 2 The contents of a contract Terms of the contract Unfair contract terms Part 3 Vitiating factors Misrepresentation Mistake Illegality Duress and undue influence Part 4 Third parties Third parties Part 5 discharge and remedies Discharge of contract Remedies Part 6 Consumer protection Consumer contracts Answering examination questions Glossary Index
£41.99
Pearson Education Law Express Contract Law
Book Synopsis
£17.56
Cambridge University Press The Choice Theory of Contracts
Book SynopsisThe Choice Theory of Contractsis an engaging landmark in law and jurisprudence that shows, for the first time, exactly why and how freedom matters to contract. This concise, readable book gives contract scholars, teachers, and students a coherent liberal account that clarifies canonical cases and solves long-standing doctrinal puzzles.Trade Review'For the past four decades contract theorists have debated the relative merits of welfarist and moral theories of contract. In The Choice Theory of Contracts, Dagan and Heller offer an imaginative and original argument that seeks to accommodate these two seemingly irreconcilable normative views. By situating contractual freedom as the foundation of both utilitarian and communitarian contract norms, Dagan and Heller seek a grand accommodation in which the state creates choice preserving defaults. In the process, they provide the uninitiated reader a lively and very accessible review of contemporary contract theories.' Alan Schwartz and Robert E. Scott, Yale Law School and Robert E. Scott, Alfred McCormack Professor, Columbia Law School'Dagan and Heller's The Choice Theory of Contracts addresses a central challenge of contract theory: the factual diversity and normative complexity of our law of contracts. The authors show the limits of leading monothetic theories, identify a set of values contract law can and should serve, and propose novel design options lawmakers might use to realize those values. The Choice Theory of Contracts is a major work, and essential reading for anyone who wants to think seriously about contemporary contract law and theory.' Gregory Klass, Georgetown University Law Center, Washington, DC'The book's argument for a free choice among a range of attractive contract types constitutes a highly innovative shift in contract theory. In doing so, it also makes an important contribution to the field, which is attractive for theorists and lawmakers on either side of the Atlantic.' Martijn Hesselink, University of Amsterdam'The Choice Theory of Contracts is an elegant and subtle book. Dagan and Heller's organizing idea - that contract law serves self-determination, but in various ways and through a range of distinctive contract types - will give the book a free-standing place in the history of legal thought; their close readings of prior work will intrigue contemporary scholars; and their vivid treatments of concrete contract types will interest and profit students.' Daniel Markovits, Yale University, Connecticut'The Choice Theory of Contracts achieves what many had assumed was impossible: a theory that defends contract law as a distinctive legal institution yet which takes as its starting point the existence of diverse modes of contracting, diverse reasons for entering contracts, and diverse justifications for legally supporting contracts. The Choice Theory is a landmark in contract scholarship.' Stephen A. Smith, McGill University, Canada'Dagan and Heller emphasize the interpersonal dimension of freedom in contractual relations. In a world where contract is ever stronger entrenched through public and private regulation, this book comes as an urgently needed reminder to the preservation of freedom of contract as a social-political project.' Hans-Wolfgang Micklitz, European University Institute, FlorenceTable of ContentsPreface; Acknowledgements; Introduction; Part I. Autonomy as a Contract Value: 1. The challenge of autonomy; 2. Promise theory; 3. Transfer theory; 4. Recovering autonomy; Part II. The Goods of Contract: 5. Utility; 6. Community; Part III. The Choice Theory of Contracts: 7. Contractual freedom; 8. How contract values relate; 9. Contract spheres; 10. Contract types; 11. Market for new types; 12. Choice theory in practice; Conclusion; Notes; Index.
£28.99
Cambridge University Press A Companys Right to Damages for NonPecuniary Loss
Book SynopsisThis book presents a detailed examination on the extent to which non-pecuniary damages can properly be awarded in favour of companies. Its primary focus is the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment.Trade Review'… the arguments are developed [with overall ease and simplicity] throughout the whole book. This makes Vanessa Wilcox's work, A Company's Right to Damages for Non-Pecuniary Loss, interesting and valuable for everyone who is attracted to the intricacies of the relevant areas of law and wishes to gain a better understanding of the direction of its future development.' Zlatin Zlatev, Modern Law ReviewTable of ContentsPreface; Part I. Background: 1. Introduction; 2. Corporations, damage and damages; Part II. The European Court of Human Rights: 3. Corporate rights under the ECHR; 4. EctHR's approach to corporate non-pecuniary loss; Part III. English Law: 5. Tort law and the corporation; 6. Aggravated damages for corporate victims?; 7. Attribution theory; Part IV. Comparative Analysis and Conclusion: 8. Comparative analysis; 9. Conclusion.
£34.12
Cambridge University Press Vanishing Contract Law
Book SynopsisThis book offers a succinct account of why English contract law now faces functional and moral redundancy. It explores the diminishing role of the English common law of contract as a regulatory force in modern society, the implications of its decline and possibilities, if any, for its revival.Table of Contents1. Vanishing contract law; 2. Contract common law trends; 3. Contractualisation and the common law retreat; 4. Private ordering, regulation and contract law; 5. Contracts through the gaps; 6. Future challenges for contract law; 7. The possibility of common law revival; 8. Conclusion.
£80.75
