Contract law Books

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?

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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

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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

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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

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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

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Book SynopsisThis book examines the rise of the direct-to-consumer genetic testing industry (DTC) and its use of 'wrap' contracts. It uses the example of DTC to show the challenges that disruptive technologies pose for societies and for regulation. It also uses the wrap contracts of DTC companies to explore broader issues with online contracting.

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Book SynopsisThis book presents a broad survey of standards for the judicial control of B2B contract terms in different legal systems. Each chapter analyses in great detail the regulatory framework and the general principles that govern the judicial control of B2B contracts in a specific country, in particular the relevant standards for the judicial scrutiny of clauses and the resulting legal consequences thereof. Providing first-hand information with a focus on practical relevance from authors who specialise in the judicial control of contracts in their respective legal systems, this book is of particular value for lawyers who advise their clients in international business transactions and anyone interested in comparative contract law. The list of countries includes Austria, the Czech Republic, Denmark, England, Estonia, Finland, France, Germany, Italy, the Netherlands, Poland, Portugal, Romania, Spain, Switzerland, Sweden and Taiwan.

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Book SynopsisThis book assesses the impact of the implementation of EU Directives 2019/770 (DCD) and 2019/771 (SGD) in the EU Member States. Taking a country report approach, each contribution pays specific attention to the systematic implications (e.g. the relationship with the law of obligations and contracts, intellectual property law and data protection law), to the influence on the formation of concepts and terms in the national law. In addition, the author of each country report investigates the use of the options which the EU legislator left in the discretion of national legislators (e.g. Art. 12 SGD). Finally, the book explores any voluntary extended implementation of the contents of the directives. It offers a complete guide to DCD and SGD and their implementation across the EU.

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Book SynopsisThis collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.Table of ContentsForeword Acknowledgements List of Contributors Table of Cases Table of Legislation PART I INTRODUCTION 1. Introduction to Data and Private Law Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson PART II DATA AND PRIVATE LAW – THEORETICAL INSIGHTS 2. Private Law, Technology and Governance Roger Brownsword 3. Data in a Relational Setting Sally Wheeler PART III RIGHTS TO DEAL WITH DATA 4. The Predilection for Contract in Governing Digital Networks: Micro-Management’s Face Off with Accountability Lee A Bygrave 5. Data Rights and Contract Law: Formation, Incorporation and Vitiating Factors Damian Clifford and Jeannie Marie Paterson 6. Data Rights and Consumer Contracts: The Case of Personal Genomic Services Shmuel I Becher and Andelka M Phillips 7. Private Law Rights Mechanisms for Consumer Data – Filling the Gaps Chris Reed 8. Access to Platform Data and the Right to Research under US Law Niva Elkin-Koren, Maayan Perel and Ohad Somech PART IV USES OF DATA – RIGHTS AND OBLIGATIONS 9. Tort-Based Protections for Data Privacy Jelena Gligorijevic 10. Closing Off the Warren of Negligence Claims for Data Breaches Eoin O’Dell 11. Trust, Confidence and Data Rights Megan Richardson 12. IP and Data, IP in Data, IP as Data Kimberlee Weatherall 13. Duties for Datasets Jerrold Soh Tsin Howe PART V REMEDIES FOR BREACHES OF DATA RIGHTS 14. Private Enforcement of Data Rights Through Direct Rights of Action: A Comparative Review Normann Witzleb 15. Data Rights Incursions: Two Hurdles in the Pursuit of Damages Kwan Ho Lau Index

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

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Book SynopsisBen Stavely, Solicitor (Retired), UK Ben was a partner at Freshfields. Since retiring from practice he has taught writing and drafting skills, initially within Freshfields and more recently on a freelance basis. He has also taught and spoken about the subject at various universities.

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Book SynopsisSusan Singleton, Singletons, UK

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Book SynopsisThis book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19Trade ReviewThe book casts a fresh light on the relationship between ultra vires conduct of public bodies and the reason underlying rights to restitution in such circumstances. It is a well-written and valuable contribution to both restitution and public law scholarship. This work is likely to be very valuable not only to academics but also to practitioners (tax and non-tax) advising on restitution claims involving national or EU public bodies. Rafal Zakrzewski British Tax Review No. 3, 2012 Williams...presents a clear and well-argued case for a public law of unjust enrichment. Her approach is thoughtful and considered covering key cases in English, French and EU law, and focuses on an area of law of particular topicality...While her argument does, as she states, remain normative, lacking case law support, she nevertheless provides a lucid and well-researched argument for reform. Williams must thus be praised for drawing together and critically appraising the leading cases in this field and for providing valuable insight into this developing area of the law. Paula Giliker European Law Review Volume 36, 2011 Unjust Enrichment and Public Law is an important contribution to this topical subject. The discussion of English law is comprehensive and well argued, and will interest both public and private lawyers. Unjust Enrichment and Public Law is a well-written and well-presented book, which does much to advance our understanding of this difficult area of law. It deserves the attention of lawyers across the public/private divide. Paul S. Davies The Law Quarterly Review Volume 127, July 2011Table of ContentsPart 1 Unjust Enrichment and Public Law in England and Wales 1-Definitions and Controversies 'RESTITUTION' OR 'UNJUST ENRICHMENT' Using the Map The Criteria for a Claim in 'Autonomous' Unjust Enrichment 'PUBLIC BODIES' AND 'PUBLIC LAW' CONCLUSION 2-Woolwich and the Creation of the Public Law Reason for Restitution THE FACTS THE BACKGROUND TO THE CLAIM A WHOLLY PRIVATE APPROACH? POTENTIAL UNJUST FACTORS AVAILABLE TO THE WOOLWICH Duress or Colore Officii Inequality No Consideration Failure of Consideration Mistake of Law TWO NEW OPTIONS FOR RECOVERY WHAT IS THE WOOLWICH UNJUST FACTOR? Illegality Incapacity Absence or failure of basis Inequality A WHOLLY PUBLIC APPROACH: COULD RESTITUTION SIMPLY BE A RESPONSE TO A PUBLIC LAW EVENT? THE SOLUTION: A HYBRID APPROACH 3-The Scope of the Public Law Reason for Restitution THE SCOPE OF THE PUBLIC LAW REASON FOR RESTITUTION: EIGHT KEY QUESTIONS Need There Have Been a Demand for the Public Law Reason for Restitution to Operate? Need There Have Been a Protest for the Public Law Reason for Restitution to Operate? To What Extent is the Public Law Reason for Restitution Overridden by Statute? What Exactly Does the Claimant Recover? Is it Always Necessary to Bring Two Separate Cases, One Action for Judicial Review and One Private Law Claim? Over What Subject Matter does the Public Law Reason for Restitution Extend? What Sort of Invalidity Triggers this Reason for Restitution? Which Kinds of Body Will Give Rise to this Reason for Restitution? THE SCOPE OF THE PUBLIC LAW UNJUST FACTOR: RESTITUTION FOR PUBLIC BODIES The 'Swaps' Cases 4-A Hierarchy of Reasons for Restitution THE ADVANTAGES OF THE PUBLIC LAW REASON FOR RESTITUTION OVER THE PRIVATE LAW UNJUST FACTORS REASONS FOR RESTITUTION AND TIME LIMITS: IS A HIERARCHY POSSIBLE? Deutsche Morgan Grenfell v IRC FURTHER ARGUMENTS AGAINST THE HIERARCHY Does Mistake Provide a Broader Ground of Recovery than the Public Law Reason for Restitution? HOW WIDE ARE THE EFFECTS OF THE PUBLIC LAW REASON FOR RESTITUTION? How Wide is the Finding of Ultra Vires? How Far does a Claim in Unjust Enrichment Extend into Consequential Loss? EVIDENCE FOR THE HIERARCHY AND THE ISSUE OF 'CLOSED' SWAPS CONCLUSION 5-Defences WHAT GENERAL IMPLICATIONS DOES THE HYBRID NATURE OF THE REASON FOR RESTITUTION HAVE FOR DEFENCES? TIME LIMITS PRIVATE LAW DEFENCES Change of Position Estoppel Bona Fide Purchase Impossibility of Counter-Restitution Submission to an Honest Claim Ultra Vires Passing On SPECIAL DEFENCES IN PUBLIC LAW UNJUST FACTOR CASES Fiscal Disruption The Law Commission's 'Special' Defence of Exhaustion of the Statutory Mechanism Prospective Overruling CONCLUSIONS AND FURTHER IMPLICATIONS Part 1 Conclusions and further implications Part 2 Unjust Enrichment and Public Law in France 6-Public Body Unjust Enrichment Claims in France; Lessons for England and Wales THE PUBLIC/PRIVATE DIVIDE IN FRANCE THE FRENCH LAW OF UNJUST ENRICHMENT Enrichissement Sans Cause Repetition de l'indu Gestion d'affaires ENRICHMENT WITHOUT CAUSE AND PUBLIC BODIES Quasi-Contracts are Automatically Adjusted in their Application to Public Bodies If Courts Have to Choose Between Two Events, Both of which are Actually Relevant to the Basis of the Claim, Some Courts Will Choose One, and Others the Other As well as Adjusting its Quasi-Contracts to Take Account of Public Bodies, French Law Also Distinguishes between Public Law Rules and Public Law Procedure, so that even within the Private Procedure Adjustments can be Made to Take Account of the Public Nature of one of the Parties to the Claim The 'Absence of Cause' Approach does not Necessarily Provide a Better Solution for Public Body Enrichment Cases The Need to Accommodate Public Bodies in Private Claims has a Tendency to Change the Rules of Private Law Itself CONCLUSION Part 3 Unjust Enrichment and Public Law in the European Union 7-Unjust Enrichment and the EU Institutions AN EU LAW OF UNJUST ENRICHMENT? UNJUST ENRICHMENT AS A GENERAL PRINCIPLE OF EU LAW Staff Cases Annulment Cases Three Party Cases UNJUST ENRICHMENT: ONLY A 'GENERAL PRINCIPLE' OF EU LAW CONCLUSION 8-Unjust Enrichment in National and European Law, and the 'Remedies' Jurisprudence of the ECJ HISTORICAL DEVELOPMENT OF THE RELEVANT EUROPEAN UNION LAW THE MEMBER STATE/EU DIVIDE: REMEDIES IN NATIONAL COURTS FOR BREACH OF EUROPEAN LAW The Principles of National Procedural Autonomy, Equivalence and Effectiveness, and the Three Phases of the ECJ's Case Law UNJUST ENRICHMENT AND ULTRA VIRES IN NATIONAL AND EU LAW; TWO DIFFERENT MODELS FOR ANALYSING THE DIVISION OF LABOUR BETWEEN THE MEMBER STATES AND THE EU Two important factors against Model 2 Cases in which a Member State or a National Intervention Agency Levies Money in Contravention of EU Law Cases in which an NIA or the EU Pays Out Money in Breach of EU Law which it then Seeks to Recover IS THERE AN EU LAW 'EVENT' OF ULTRA VIRES IN CASES INVOLVING BOTH EU AND NATIONAL LAW? CONCLUSION-THE IMPACT OF EU LAW ON NATIONAL UNJUST ENRICHMENT CLAIMS INVOLVING PUBLIC BODIES

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

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Book SynopsisContract Law Essential Cases is a companion volume to Contract Law Essentials. By summarising the most important cases, it shows how Scots contract law has been enforced and how it has evolved over time.

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Book SynopsisPrinciples of Irish Contract Law is a new addition to the "Principles" series. This book is the ideal source for undergraduate law students and all those interested in the study of contract law. Although this book is student-focused, outlining and explaining the main tenets of Irish Contract law, many legal practitioners will undoubtedly find this text as a great source to re-acquaint themselves with the subject. Principles of Irish Contract Law emphasises the theory behind contract law, demystifying difficult concepts and providing a policy-driven introduction to this challenging subject. The key cases are fully discussed in a manner which encourages students to approach the subject from a critical standpoint. Cases from other jurisdictions, especially the United States, are also discussed. The book is highly accessible and combines an informal analytical style with useful learning features such as diagrams and tables. The final two chapters focus on study and exam skills and include worked problem answers.Table of Contents1 - Important Ideas in Contract Law 2 - Objective Test 3 - Offer 4- Termination of Offer 5 - Acceptance 6 - Certainty and Completeness 7 - Intention to Create Legal Relations 8 - Consideration 9 - Promissory Estoppel 10 - Privity 11- Statute of Frauds 12 - Agreements Subject to Contract 13- Express and Implied Terms 14 - Exemption Clauses (Exclusion Clauses) 15 - Misrepresentation 16 - Disclosure 17 - Mistake 18 - Duress, Undue Influence and Unconscionability 19 - Illegal Contracts 20- Public Policy 21 - Restraint of Trade 22 - Frustration 23 - Agreement, Performance & Breach 24 - Termination of Contract 25 - Damages 26 - Capacity

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Book SynopsisPart I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.Table of ContentsPART 1 THE ENFORCEMENT OF CONTRACTS Chapter 1: The Enforcement of Contracts by Specific Performance • Introduction • The Enforcement of Contracts by Specific Performance • Discretionary Enforcement of Contracts • Contracts Incapable of Enforcement by Specific Performance • Damages In Lieu of Specific Performance Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts • Introduction • Testamentary Contracts • Pre-Testamentary Contracts • Commentaries on Testamentary and Pre-Testamentary Contracts Chapter 3: Pallant v Morgan-Type Arrangements and Equity • Introduction • Pallant v Morgan -Type Arrangements and Equity • Alternative Enforcement of Pallant v Morgan –Type Arrangements by Proprietary Estoppel or Remedial Constructive Trust Chapter 4: The Enforcement of Collateral Contracts • Introduction • The Concept of a Collateral Contract • The Enforcement of Collateral Contracts • Procedural Fairness Chapter 5: Estoppel Principles • Introduction • Principle of Promissory Estoppel • Principle of Estoppel by Convention PART II SETTING ASIDE CONTRACTS Chapter 6: Doctrines of Common Mistake and Rectification • Introduction • Doctrines of Common Mistake • Rectifying Mistakes Chapter 7: The Right to Rescind • Introduction • The Right to Rescind • Damages in Lieu of Rescission • Damages for Fraudulent Misrepresentation Chapter 8: Presumptions of Undue Influence • Introduction • Presumptions of Undue Influence • Rebutting Presumptions • Laches • Duress Chapter 9: The Morris and Gilligan Criteria • Introduction • The Morris Criteria and Principle of Non Est Factum • The Gilligan Criteria and Improvident Transactions PART III: THE ENFORCEMENT OF DEBTS AND GUARANTEES BY SUMMARY JUDGMENT AND ARGUABLE DEFENCES Chapter 10: Applications for Summary Judgment for Enforcement of Debts, Guarantees and Account Taken • Introduction • Particulars of a Debt in a Summary Summons • Applications for Summary Judgment • Grounding and Replying Affidavits • Applications for Account Taken Chapter 11: Principles of Summary Judgment and Account Taken • Introduction • Principles of Summary Judgment • Principles of Account Taken Chapter 12: Arguable Defences • Introduction • Principles of Summary Judgment Applicable to Arguable Defences • The Credibility of the Defence • Issues Raised in Arguable Defences • Cross-Claims • Substantiating Issues at Plenary Hearing Chapter 13: Contracts with Banks • Introduction • Bank and Customer Relationships • A Bank’s Duty to Make Enquiries • Arguable Defences by Bank Customers • An Arguable Defence Based on the Superimposition of a Constructive Trust on a Bank’s Duty to Enquire PART IV: DISCOVERY OF DOCUMENTS, DELIVERY OF INTERROGATORIES, INJUNCTIONS AND COSTS Chapter 14: Discovery of Documents • Introduction • Rules and Affidavit of Discovery of Documents • The Clarke Principles of Discovery Chapter 15: Delivery of Interrogatories and Privileged Communications • Introduction • Delivery of Interrogatories • Privileged Communications Chapter 16: Injunctions • Introduction • Interlocutory and Mandatory Interlocutory Injunctions • Adequacy of Damages • Undertaking as to Damages • Mareva Injunctions Chapter 17: The Costs of Proceedings • Introduction • Costs of the Entire Proceedings • Principles of Costs of Entire Proceedings Chapter 18: The Costs of Interlocutory Applications • Introduction • Costs of Interlocutory Applications • Principles of Costs of Interlocutory Applications

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