Contract law Books

Book SynopsisIn the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk.This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: ‘Best practice’ on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.Trade Review‘Each chapter includes helpful examples, practical recommendations and notes of caution. The book, therefore, reaches its aim of raising awareness of the importance of IP for start-ups, providing clear instructions for action as possible for start-ups and their advisors.’ -- Hayleigh Bosher, IPKat.com‘This book has relevance to anyone interested in how IP can be used – and navigated – in the context of start-up companies anywhere in the world. With some strong insights into specific national issues such as inventor rights in Germany, it walks through the basics of IP and then shifts to a thorough and commercially minded review of issues facing new businesses hoping to grow through innovation, using a value-driven IP strategy. I have not seen a book like this before with such a practical level of advice, equally useful to people who support innovative companies, and management itself, from business model creation to intangible asset valuation to the realities of IPO. It is exhaustive, deeply relevant and literally on the money, focusing on how to build value, and how to keep a new business on track. Authored by specialists but totally pragmatic, whether you dip in or read end-to-end, this book showcases a vast amount of practical expertise.’ -- Gwilym Roberts, Kilburn & Strode LLP, London, UK‘Intellectual property rights are one of the most important but also underestimated assets of start-ups. This book gives a comprehensive and practical guide for start-up founders and investors on how to strategically deal with IP to support the value creation by the start-up. The reader will profit from the authors’ vast experience in industry, private practice, academia, start-ups and venture capital. A must-read for every start-up founder and investor!’ -- Beat Weibel, Chief IP Counsel, Siemens AG, GermanyTable of ContentsContents: Preface xvii 1. Basics of intellectual property rights with a focus on start-ups 1 Uwe Schriek, Manuel F Juette and Stefan Golkowsky 2. Basics and development of an IP strategy for start-ups 33 Uwe Schriek 3. Basic principles of the law on inventions and their relevance for start-ups 53 Peter Karge 4. Patenting and spin-offs at universities 92 Werner Mäntele 5. IP rights in start-ups as support when approaching investors in financing rounds 111 thorsten lubinski 6. Contract drafting for start-ups with a focus on IP rights 128 Rainer Gith 7. Protecting future business with a value-driven IP strategy 156 Rudolf Freytag 8 IP management in the start-up lifecycle 192 christina lubinski and christoph viebig 9. Aspects relevant to the valuation of start-ups, with a focus on intangible assets 216 Ashkan Kalantary 10. From IP to IPO – IP rights from the investor’s perspective 236 Daniel Brüggemann Bibliography Index

Read more less

Book SynopsisIn the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk.This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: ‘Best practice’ on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.Trade Review‘Each chapter includes helpful examples, practical recommendations and notes of caution. The book, therefore, reaches its aim of raising awareness of the importance of IP for start-ups, providing clear instructions for action as possible for start-ups and their advisors.’ -- Hayleigh Bosher, IPKat.com‘This book has relevance to anyone interested in how IP can be used – and navigated – in the context of start-up companies anywhere in the world. With some strong insights into specific national issues such as inventor rights in Germany, it walks through the basics of IP and then shifts to a thorough and commercially minded review of issues facing new businesses hoping to grow through innovation, using a value-driven IP strategy. I have not seen a book like this before with such a practical level of advice, equally useful to people who support innovative companies, and management itself, from business model creation to intangible asset valuation to the realities of IPO. It is exhaustive, deeply relevant and literally on the money, focusing on how to build value, and how to keep a new business on track. Authored by specialists but totally pragmatic, whether you dip in or read end-to-end, this book showcases a vast amount of practical expertise.’ -- Gwilym Roberts, Kilburn & Strode LLP, London, UK‘Intellectual property rights are one of the most important but also underestimated assets of start-ups. This book gives a comprehensive and practical guide for start-up founders and investors on how to strategically deal with IP to support the value creation by the start-up. The reader will profit from the authors’ vast experience in industry, private practice, academia, start-ups and venture capital. A must-read for every start-up founder and investor!’ -- Beat Weibel, Chief IP Counsel, Siemens AG, GermanyTable of ContentsContents: Preface xvii 1. Basics of intellectual property rights with a focus on start-ups 1 Uwe Schriek, Manuel F Juette and Stefan Golkowsky 2. Basics and development of an IP strategy for start-ups 33 Uwe Schriek 3. Basic principles of the law on inventions and their relevance for start-ups 53 Peter Karge 4. Patenting and spin-offs at universities 92 Werner Mäntele 5. IP rights in start-ups as support when approaching investors in financing rounds 111 thorsten lubinski 6. Contract drafting for start-ups with a focus on IP rights 128 Rainer Gith 7. Protecting future business with a value-driven IP strategy 156 Rudolf Freytag 8 IP management in the start-up lifecycle 192 christina lubinski and christoph viebig 9. Aspects relevant to the valuation of start-ups, with a focus on intangible assets 216 Ashkan Kalantary 10. From IP to IPO – IP rights from the investor’s perspective 236 Daniel Brüggemann Bibliography Index

Read more less

Book SynopsisThis comprehensive guide covers every stage of organising and teaching a course in contract drafting. With extensive sample course materials, it offers useful tips for building nuance, creative thinking, and experiential learning into contract drafting curricula. Chapters give detailed definitions and examples of core contract concepts including representations and warranties; covenants; conditions; discretionary authority; and declarations. Exploring complex issues such as ethical negotiation, cross-border transactions and the impact of technology on contracts, it presents a nuanced syllabus that can be adapted for courses that focus exclusively on contract drafting as well as those that contain other elements. The book provides tested examples of exercise sets, grading rubrics, sample contracts and peer-to-peer activities, focusing on engaging students in the dynamics of a client interaction. It turns to neuroscience and learning theory to identify effective pedagogical approaches, giving concrete recommendations for how these can be implemented in the classroom.Professors and instructors teaching contract law, as well as any form of transactional practice will find this book invaluable in developing their courses, with expert guidance on how to boost student understanding and engagement.Trade Review‘As soon as the book arrived, I paged through it. It's first-rate. It does a terrific job of teaching professors how to teach contract drafting. It's a much needed resource given the number of professors who teach drafting despite not having a transactional background.’ -- Tina L. Stark, Emory University School of Law, USTable of ContentsContents: Preface 1. Introduction to teaching contract drafting 2. Client meeting simulation: getting started 3. Negotiation preparation 4. Representations and warranties: getting into the facts 5. Covenants: promises, promises 6. Conditions: drafting with care 7. Discretionary authority: crafting provisions that allow for choice 8. Preliminary components: preamble, recitals, words of agreement, definitions, interpretations, and declarations 9. Other substantive provisions 10. General provisions, otherwise known as ‘boilerplate’ 11. International considerations and contract drafting 12. Drafting for a technological age 13. Using proper words and tabulation 14. Neuoroscience and use of creativity in contract drafting 15. The pedagogy of teaching contract drafting 16. Ethics and contract drafting 17. Contract drafting exercises 18. Sample contracts and checklist 19. Answer key 20. References Index

Read more less

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.There is a strong commonality across Anglo-American common law systems; however, there have been several critical fissures that have developed between American and English common law over the past fifty years. DiMatteo adopts a multidisciplinary approach, lucidly explaining these differences from both a theoretical and a practical perspective, using empirical evidence from case studies to support this research. The areas of divergence discussed include the duty of good faith, principle of unconscionability, promissory estoppel, contextual interpretation, and hardship. Introducing key contract law cases, this book will be an essential read for law students and scholars working in the field of commercial law, particularly those with an interest in the theoretical framework and historical context of modern contract law. Trade Review‘The book explores both the English and American common law of contracts, as well as examining the substance and theories of contract law, wonderfully drawing from American and English case law and scholarship. Its narrative of the broad principles of contract law and theory is intermixed with deeper analyses of specific areas of contract law. Professor DiMatteo is not only a world renowned expert on contract law but is also an extraordinary teacher and scholar who admirably covers the book’s broad subject matter. The book will be of great interest to students, scholars, and practitioners in common law and civil law countries!’ -- David P. Twomey, Boston College, US‘Alongside an engaging account of the evolution of Anglo-American contract law – an account rich with doctrinal detail and theory – Larry A. DiMatteo's commentary invites reflection on the flexibility of general legal principles when transactional practices are disrupted. This is a book not only for contract lawyers but also for our technological times.’ -- Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface PART I FOUNDATIONS 1 Introduction to contract law and theory 2 Contract law across legal traditions 3 Tensions and norms of contract law PART II FORM AND SUBSTANCE 4 Contract and formality 5 Substance of contract law: agreement 6 Substance of contract law: remedies, excuse, and privity 7 Contracts’ regulatory function 8 Contract interpretation PART III CONTRACT TERMS 9 Contract terms and standard form contracting PART IV CONTRACT THEORIES 10 Legal history and theories of legal development 11 Classical contract theory 12 Reliance theory, estoppel, fault, and precontractual liability 13 Theories of contract law 14 Critical theory PART V CONTRACT LAW IN ACTION 15 Law in books and law in action Bibliography Index

Read more less

Book Synopsis

Read more less

Book SynopsisThis Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure – including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative. Trade Review‘This volume arrives at a time when dissatisfaction with traditional legalistic forms of contract drafting, and the possibilities of more innovative user-centred modes of contract design, are on the rise.New sub-disciplines often arise through new interactions between established disciplines and contract design is no exception. The inclusion of information designers, alongside leading contracts scholars, is therefore an important positive feature. There is also jurisdictional diversity with chapters outlining developments from Europe, North America, Africa, Asia and Australasia. Contributions from innovative contract design practitioners and consultants further enrich the perspectives in the volume.A key challenge with edited collections is often to capture the range of activity and diversity of voices within a coherent message to readers. The editors have done this admirably and the contributions all show facets of the transformatory potential of contract design, and the reimagination of contracts from mere clarification and risk management documents into processes and outcomes that facilitate understanding, agency and ongoing collaboration for contract users.’ -- Michael Doherty, University of Lancaster, UK‘This Research Handbook is a remarkable effort from a team of top researchers from multiple disciplines to promote contract design. The contributors emphasize that contracts are not only legal tools for lawyers to manage legal risks of their clients, but primarily business tools that create win-win outcomes. Promoting a fresh user-centric approach to make contracts better by design for all stakeholders in the contracting community, this book is recommended to everybody who drafts, designs or implements contracts in business.’ -- Soili Nystén-Haarala, University of Lapland, Finland‘This Research Handbook is a treasure trove of cutting edge research on contract design. With its wide range of topics, the book provides one-stop shopping for all stakeholders in the design process–lawyers, managers, designers, and others who are interested in a user-centric approach to better contracting.’ -- George J. Siedel, University of Michigan, USTable of ContentsContents: Preface xii PART I RETHINKING CONTRACTS: FROM DRAFTING TO DESIGN 1 The many layers and dimensions of contract design 2 Marcelo Corrales Compagnucci, Helena Haapio and Mark Fenwick 2 ‘Contracts are just words’ 19 Tim Cummins 3 Reframing contract design: integrating business, legal, design, and technology perspectives 33 Thomas D Barton, Helena Haapio, Stefania Passera and James G Hazard 4 Designing contracts for human readers 55 Robert Waller 5 Functional or dysfunctional? The language of business contracts in English: an update 75 Christopher Williams 6 Contract transformation: merging drafting and design to meet the needs of human readers 92 Stefania Passera, Emily Allbon and Helena Haapio PART II WHY CONTRACT DESIGN MATTERS: RETHINKING THE BUSINESS AND LEGAL PURPOSE AND FUNCTIONS OF CONTRACTS 7 Rethinking legal requirements: a case study of incomprehensible consumer contracts in the United States 114 Wendy E Wagner 8 Contractual processualization: designing proactive contractual processes to support legal, technical and commercial purposes 134 René Franz Henschel 9 The functional contracting framework: assessing the impacts of contract functions, framing and regulatory focus 158 Anna Hurmerinta-Haanpää 10 Genre blending and contract design 180 Tarja Salmi-Tolonen 11 Contract design beyond the hype: measuring the value 199 Marie Potel-Saville and Mathilde François Da Rocha PART III DESIGNING BETTER CONTRACTS FOR BUSINESS AND LEGAL PURPOSES 12 Contracts and the human factor – hidden fears and tears or mutual success? 221 Tuula Pere 13 Prevention and promotion approaches to contracting: implications for negotiator focus and contract frames on exchange performance and relationships in the digital age 239 Beverly Rich, Libby Weber and Christopher W Bauman 14 Contract simplification – a user-centered approach to contract structure design 258 Milva Finnegan 15 Simple contracting for every step of collaboration/innovation 275 Deepika Jeyakodi and Mirjam E Ros 16 Business contract design via Contract Management operationalized methodology 294 Suvi Hirvonen-Ere PART IV WHEN TEXT ALONE IS NOT ENOUGH: VISUAL CONTRACTS 17 Facilitative contracts with visuals and comics: access to justice and steps for the future 315 Su-Hsien Lee and Camilla Baasch Andersen 18 Employment agreements in comic book form – what a difference cartoons make … 329 Camilla Baasch Andersen and Robert de Rooy 19 Image analysis as a visualization tool – translating contracts into comics 347 Eliisa Pitkäsalo, Anne Ketola, Vaula Haavisto and Laura Kalliomaa-Puha 20 Interpreting images in contracts 365 Vesa Annola, Helena Haapio and Merja Koskela PART V WHAT DOES THE FUTURE HOLD? DESIGNING FOR HUMANS AND MACHINES 21 Simplification and automation: the chicken and egg of contract design? 383 Verity White 22 Engineering consent: using technology to create informed consumers 401 Eliza Mik 23 Digital technology, future lawyers and the computable contract designer of tomorrow 421 Marcelo Corrales Compagnucci, Mark Fenwick and Helena Haapio Index 445

Read more less

Book SynopsisThis important book tackles the problem of inflation in contract law - whether, and to what extent, contract rules should take inflation into account.The book offers an original approach in proposing that the distributive effects of inflation are an important factor in the design of contract rules. The author also finds that the wealth distribution caused by inflation is relevant to the design of contract rules whichever normative perspective of the contract law one adopts. The book draws theoretical and practical implications of the analysis and suggests that different starting points will result in different solutions. Inflation and the Enforcement of Contracts is essential to anyone interested in research or policy making in the area of contract law.Table of ContentsContents: Introduction 1. The Experience of Different Legal Systems with the Enforcement of Contracts during Inflation 2. Economic Analysis 3. The Distributional Approach to Contract Law 4. A Comparison of Economic Analysis of Contract Law and the Distributional Approach to Contract Law 5. The Institutional Competence of Judicial and Legislative Bodies to deal with Enforcement during Inflation Conclusions Bibliography Index

Read more less

Book SynopsisThis paperback reader brings together some seminal papers on law and economics, with special emphasis on the foundational contributions to the economics of property, contracts and torts. The growing influence of these writings in the judicial profession, and in the academic world, underscores the relevance and importance of these early contributions and the growing maturity of the law and economics movement. These seminal papers have provided the foundations for the development of an overarching economic theory of law and, most importantly, have opened new areas of research for present and future generations of jurists and economists alike.The articles are arranged by theme, with topics including the methodological foundations of law and economics, the efficiency of the common law hypothesis, the economics of property law and the Coase theorem, the economics of contracts and the economics of tort law. The editors, themselves distinguished scholars in the field, have written a new introduction to accompany the readings.Table of ContentsContents: Acknowledgements The Economic Foundations of Private Law: An Introduction Richard A. Posner and Francesco Parisi PART I THE METHODOLOGY OF LAW AND ECONOMICS 1. Richard A. Posner (1987), ‘The Law and Economics Movement’ 2. Guido Calabresi (1980), ‘About Law and Economics: A Letter to Ronald Dworkin’ 3. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 4. Richard A. Posner (1985), ‘Wealth Maximization Revisited’ PART II THE EFFICIENCY OF THE COMMON LAW HYPOTHESIS 5. William M. Landes (1971), ‘An Economic Analysis of the Courts’ 6. Isaac Ehrlich and Richard A. Posner (1974), ‘An Economic Analysis of Legal Rulemaking’ 7. Paul H. Rubin (1977), ‘Why is the Common Law Efficient?’ 8. George L. Priest (1977), ‘The Common Law Process and the Selection of Efficient Rules’ 9. Robert D. Cooter and Daniel L. Rubinfeld (1989), ‘Economic Analysis of Legal Disputes and Their Resolution’ PART III THE COASE THEOREM AND THE ECONOMICS OF PROPERTY RIGHTS 10. R.H. Coase (1960), ‘The Problem of Social Cost’ 11. Harold Demsetz (1972), ‘When Does the Rule of Liability Matter?’ 12. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 13. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’ PART IV THE ECONOMICS OF CONTRACT LAW 14. John H. Barton (1972), ‘The Economic Basis of Damages for Breach of Contract’ 15. Anthony T. Kronman (1978), ‘Mistake, Disclosure, Information, and the Law of Contracts’ 16. Alan Schwartz (1979), ‘The Case for Specific Performance’ 17. Charles J. Goetz and Robert E. Scott (1980), ‘Enforcing Promises: An Examination of the Basis of Contract’ 18. Steven Shavell (1980), ‘Damage Measures for Breach of Contract’ 19. Ian Ayres and Robert Gertner (1989), ‘Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules’ PART V THE ECONOMICS OF TORT LAW AND LIABILITY SYSTEMS 20. William M. Landes and Richard A. Posner (1981), ‘The Positive Economic Theory of Tort Law’ 21. Steven Shavell (1980), ‘Strict Liability Versus Negligence’ 22. Steven Shavell (1984), ‘Liability for Harm Versus Regulation of Safety’ 23. Robert D. Cooter (1982), ‘Economic Analysis of Punitive Damages’ Name Index

Read more less

Book SynopsisThis important volume presents a rich collection of ideas on and insights into the law and economics of contracts. It includes material relevant to a large number of legal fields. Many of the articles are classics that have, over the years, become focal points for continuing debate; others provide an easily accessible account of particular areas. The editor's comprehensive introduction provides an overview of law and economics scholarship in contracts over the past few decades and a portal into an evolving field.Topics include: the economics of contracting; efficient breach and renegotiation; expectation damages and its alternatives; default rules and mass markets.Trade Review'This book will serve as the essential resource for anyone interested in the economic analysis of contract law. Baird has included both the iconic articles of the past and the recent works which define the cutting edge of scholarship in the area. This volume is that rare collection that offers a snapshot of the current academic learning across the field. It is both an invaluable resource for those first exploring the economic analysis of contract law as well as a useful reference for the initiated.' -- Robert Rasmussen, Vanderbilt University, USTable of ContentsContents: Acknowledgements Introduction Douglas G. Baird PART I CONTRACTING 1. Charles J. Goetz and Robert E. Scott (1980), ‘Enforcing Promises: An Examination of the Basis of Contract’ 2. Oliver Hart and John Moore (1999), ‘Foundations of Incomplete Contracts’ 3. Richard Craswell (1989), ‘Contract Law, Default Rules, and the Philosophy of Promising’ 4. Eric A. Posner (2003), ‘Economic Analysis of Contract Law After Three Decades: Success or Failure?’ 5. Anthony T. Kronman (1978), ‘Mistake, Disclosure, Information, and the Law of Contracts’ PART II EFFICIENT BREACH AND RENEGOTIATION 6. Steven Shavell (1980), ‘Damage Measures for Breach of Contract’ 7. William P. Rogerson (1984), ‘Efficient Reliance and Damage Measures for Breach of Contract’ PART III EXPECTATION DAMAGES AND ITS ALTERNATIVES 8. Kathryn E. Spier and Michael D. Whinston (1995), ‘On the Efficiency of Privately Stipulated Damages for Breach of Contract: Entry Barriers, Reliance, and Renegotiation’ 9. Alan Schwartz (1979), ‘The Case for Specific Performance’ 10. Robert E. Scott and George G. Triantis (2004), ‘Embedded Options and the Case Against Compensation in Contract Law’ PART IV DEFAULT RULES 11. Richard A. Posner and Andrew M. Rosenfield (1977), ‘Impossibility and Related Doctrines in Contract Law: An Economic Analysis’ 12. Richard A. Epstein (1989), ‘Beyond Foreseeability: Consequential Damages in the Law of Contract’ 13. Ian Ayres and Robert Gertner (1989), ‘Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules’ 14. Lucian Ayre Bebchuk and Steven Shavell (1991), ‘Information and the Scope of Liability for Breach of Contract: The Rule of Hadley v. Baxendale’ PART V MARKETS 15. Alan Schwartz and Louis L. Wilde (1979), ‘Intervening in Markets on the Basis of Imperfect Information: A Legal and Economic Analysis’ 16. Sanford J. Grossman (1981), ‘The Informational Role of Warranties and Private Disclosure About Product Quality’ 17. Richard A. Epstein (1975), ‘Unconscionability: A Critical Reappraisal’ 18. Douglas G. Baird (2006), ‘The Boilerplate Puzzle’ Name Index

Read more less

Book SynopsisThis unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: pre-contractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed.This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.Trade Review‘Contract Law and Economics is an excellent collection of surveys in the field. The book will be of interest to those who are experts as the chapters present unique insights into recent contributions. At the same time, the surveys are very accessible to those who want an introduction to the important results in the economic analysis of contract law. I strongly recommend this book.' -- Donald Wittman, University of California, Santa Cruz, US'This volume on contract law and economics is distinguished by its breadth - covering contract formation, interpretation, and remedies for breach, among other areas - its variety of perspectives, and its accessibility to readers. I recommend it highly to any person interested in contract law, whether or not already versed in the economic approach to law.' -- Steve Shavell, Harvard Law School, USTable of ContentsContents: 1. Introduction Gerrit De Geest PART I: FORMATION AND INTERPRETATION 2. Precontractual Liability Eleonora C. Melato 3. Contractual Mistake and Misrepresentation Qi Zhou 4. Duress Péter Cserne 5. Gratuitous Promises Robert A. Prentice 6. Gifts, Wills and Inheritance Law Pierre Pestieau 7. Standard Form Contracts Clayton P. Gillette 8. Interpretation and Implied Terms in Contract Law George M. Cohen PART II: REMEDIES 9. Contract Remedies: General Paul G. Mahoney 10. Penalty Clauses and Liquidated Damages Steven Walt 11. Impossibility and Impracticability Donald J. Smythe 12. Foreseeability Peter van Wijck 13. Option Contracts and the Holdup Problem Abraham L. Wickelgren 14. Warranties Klaus Wehrt PART III: LONG-TERM CONTRACTS 15. Long-term Contracts and Relational Contracts Nick van der Beek 16. Long-term Contracts in the Law and Economics Literature Mireia Artigot i Golobardes and Fernando Gómez Pomar 17. Marriage Contracts Antony W. Dnes 18. Franchise Contracts Antony W. Dnes PART IV: PERSPECTIVES 19. Behavioral Approaches to Contract Law Ann-Sophie Vandenberghe 20. The Civil Law of Contract Ejan Mackaay 21. Unjust Enrichment and Quasi-Contracts Christopher T. Wonnell Index

Read more less

Book SynopsisThis comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.Contributors include: G. Bellantuono, B.H. Bix, D. Carpi, C.L. Cordasco, C. Costantini, S. Fiorato, J. Gordley, M. Granieri, A. Hutchison, M.R. Marella, G. Marini, P.G. Monateri, F. Monceri, P. Moreno Cruz, H. Muir Watt, F. Parisi, P. Pardolesi, G. SamuelTrade Review'This is a cracking collection of essays, emphasising that comparative law is not simply a matter of comparing jurisdictions, but of tracing history and crossing disciplines too. Comparative Contract Law has something for everybody; the legal theorist, the legal historian, the literary jurist, the international lawyer and the common law contract lawyer. Professor Monateri and his contributors have done the discipline of critical comparative law proud. An essential read for anyone interested in exploring the intellectual parameters of contract law, past and present.' --Ian Ward, Newcastle University, UK'Comparative Contract Law redefines approaches to comparative law by incorporating what might be called ''internal comparative law'', while also exploring transnational law, party autonomy, and the legal environment beyond states and their diverse legal systems. The book is also innovative given its inclusion of comparative studies in law and economics and law and literature, which shows that disciplines that are usually considered to be ''external'' to law are indeed relevant for the assessment and for the reform of law.' --Sebastian McEvoy, University of Paris Ouest Nanterre La Defense, FranceTable of ContentsContents: Introduction PART I CONTRACT LAW: THEORIES AND GENEALOGIES 1. Theories of Contract Law Brian H. Bix 2. In Defense of Roman Contract Law James Gordley 3. The Authoritarian Theory of Contract Pier Giuseppe Monateri 4. Contract and the Comparatist: Should We Think About Contract in Terms of ‘Contracticles’? Geoffrey Samuel 5. Critical Comparative Contract Law Giovanni Marini 6. Contract Law and Regulation Giuseppe Bellantuono PART II MARKET VALUES AND THEIR CRITIQUES. PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS 7. Enforcing Bilateral Promises: A Comparative Law and Economics Perspective Francesco Parisi, Marta Cenini and Barbara Luppi 8. Spontaneous Order and Freedom of Contract Carlo Ludovico Cordasco 9. “Party Autonomy” Horatia Muir Watt 10. Who is the Contracting Party? A Trip Around the Transformation of the Legal Subject Maria Rosaria Marella 11. Freedom of Contract and Constitutional Values: Some Exceptional Cases from the Colombian Constitutional Court Pablo Moreno Cruz PART III REPRESENTATIONS AND NARRATIVES 12. The Unburiable Contract. Grant Gilmore’s Discontinuous Parabola and the Literary Construction of American Legal Style Cristina Costantini 13. Queering the Contractual Paradigm between Law and Political Theory Flavia Monceri 14. Contracts in Literature: from Doctor Faustus to Vampires Daniela Carpi 15. Women and contracts in Angela Carter’s Postmodern Revision of the Fairy Tale Sidia Fiorato PART IV GLOBAL CONTEXT AND LOCAL FRAMES 16. The Wrecking Ball. Good Faith, Preemption and US Exceptionalism Peter Goodrich 17. Technological Contracts Massimiliano Granieri 18. Contractual Interpretation: The South African Blend Of Common, Civil And Indigenous Law In Comparative Perspective Andrew Hutchison 19. Promissory Estoppel Paolo Pardolesi 20. Party Autonomy in Global Context: An International Laywer’s Take on the Political Economy of a Self-constituting Regime. Horatia Muir Watt Index

Read more less

Book SynopsisComparative Contract Law and Economics provides a deeper understanding of the similarities and differences between the legal systems of France, England, the US and Germany in terms of contract law. The application of the economically inspired optimal model rule as a uniform term of comparison provides valuable insights into the pre-contractual duties of disclosure, the phenomena of unforeseen contingencies and the unilateral termination of contracts. The objective evaluation method enriches traditional comparative contract law by enabling further qualitative assessment. The book offers ample opportunities for further research and for 'better' law making, legislation and jurisprudence. Moreover, it enables comparative contract law to offer clear-cut, objective recommendations on the possible improvements of legal rules or decisions. This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume.Contents: 1. Introduction 2. Pre-contractual Duty to Disclose Information 3. Unforeseen Contingencies 4. Unilateral Termination 5. Summary and Conclusions References IndexTrade ReviewThis monograph sets a model for what good comparative law and economics scholarship should look like. Solid legal thinking is coupled with sound and accessible economic analysis, with attention to real life legal problems. --Francesco Parisi, University of Minnesota, US and University of Bologna, ItalyThis excellent book shows that comparing legal rules from an economic point of view is extremely valuable for legal scholarship. Comparative Contract Law and Economics allows for a better understanding of contract law and offers opportunities for better law-making. --Ann-Sophie Vandenberghe, Erasmus University Rotterdam, The NetherlandsMitja Kovac is one of the frontrunners in the newest generation of comparative law scholarship - one that does not stay at the surface but digs deeply into economics, both to better explain the differences among legal systems and to show that these differences often do not exist. --Gerrit De Geest, Washington University, School of LawTable of ContentsContents: 1. Introduction 2. Pre-contractual Duty to Disclose Information 3. Unforeseen Contingencies 4. Unilateral Termination 5. Summary and Conclusions Index

Read more less

Book SynopsisThis book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate.This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland.Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law.In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.Table of Contents1. Introduction and Methodology.- 2. Gain-based Remedies for Breach of Contract in General.- 3. Finding Gain-based Remedies under the Compensatory Principles.- 4. Finding Gain-Based Remedies under Restitutionary Principles.- 5. Summary and Conclusions.- 6. Bibliography.

Read more less

Book SynopsisThis book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis.“This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK“The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UKTable of ContentsIntroduction.- PART I. IDEA AND ROLE OF CONSENT IN THE DEVELOPMENT OF A TAXONOMY OF CONTRACT IN ANCIENT LAW.- Roman law.- Mos gallicus and iuris Franco-Gallici.- Modern law.- RECEPTION, RELEVANCE, EVOLUTION, AND IMPLICATIONS IN THE CIVIL CODE OF FRANCE: DE LEGE LATA.- Article 1108 et seq. and the specification of the consensual doctrine.- PART III. RETHINKING THE FRENCH PERSPECTIVES ON CONSENSUALISM: DE LEGE FERENDA.- Articles 1109 and 1172, and the classification of contracts: Problems and perspective.- Reconsidering consensualism and the role of consent in contract.- Conclusion.

Read more less

Book Synopsis

Read more less

Book SynopsisChapter 1: Oral Contracts.- Chapter 2: Written Contracts and signing clause.- Chapter 3: Entire Agreement Clause.- Chapter 4: No Oral Modification Clause.- Chapter 5: Termination of Contract for breach.- Chapter 6: Termination of Contract for non-breach.- Chapter 7: Force Majeure (Impossibility) Clause.- Chapter 8: General Damages.- Chapter 9: Liquidated Damages.- Chapter 10: Limitations of Liability.- Chapter 11: Indemnities.- Chapter 12: Quality of goods.- Chapter 13: Warranty (Exclusion) Clauses.- Chapter 14: Ownership retention clause.- Chapter 15: International Commercial Terms.- Chapter 16 Representations and Exclusions.- Chapter 17: Payment mechanism.- Chapter 18: Assignment, subcontracting and subletting.- Chapter 18: Applicable law, Arbitration and jurisdiction.- Chapter 19: Other Terms.- Chapter 20: Integration.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book SynopsisLaw students rarely have experience answering problem questions before university, and lecturers concentrate on teaching content rather than the exam skills needed. This book bridges the gap on how to transpose knowledge and research into structured and coherent answers to problem questions while earning a law degree. Aimed at undergraduates, international students, and foundation and SQE candidates, the book gives a step-by-step study guide on how to navigate what a problem question is asking you to do. It deconstructs the process using examples from a range of different fields of law, providing essential guidance from research and critical thinking to style and tone. Including a range of examples to test yourself against, this is an indispensable resource for any law student who wants to tackle problem questions with confidence. Trade Review"As a qualified CELTA English teacher and an international PhD candidate studying and teaching world trade law in the UK, it is really a pleasure to witness the publication of such a brilliant book on legal academic English. Owing to the instructive content and the clear structure, Geraint’s book has made not only a practical course material for any English tutors but also an easy-to-follow self-study guidance for law students who are seeking language tutorials. The English learning habits of non-native speakers appear to be well considered by the author. Consequently, I strongly recommend the book to any legal English tutors and international students who are about to be engaged in a law-related course in an English-speaking country."Dr Cherry Kaiyuan Chen"Brown’s book aims to fill this gap in available resources, breaking down the process of unpacking a PQ task and constructing a coherent answer. The writer is an EAP practitioner and therefore this book foregrounds language as integrated in content. This is typically not the case in previously published legal EAP resources, as Candlin et al. noted (2002:302). The book is therefore clearly distinguishable from other available writing guides from law content specialist authors, which often provide only a few cursory, separate notes on language. It also presents law content and sections on referencing and study skills, (e.g., researching law databases). Overall, this book is focussed on academic language and literacy development for law within a process writing approach. [T]he benefit of an EAP practitioner’s specific insights within a specific academic domain is a defining feature of this publication. In conclusion, this book fills a clear gap in the market as a language in content approach to a specific subgenre of academic law writing. Its greatest value derives from how it comprehensively and expertly deconstructs PQ tasks, walking students through the process of writing. Language is integrated and fully contextualised within content, and explanations draw on the EAP author’s insider knowledge about the genre in practice. It is suitable for non L1 students and beginner/returning law students and provides for a range of law study contexts and areas of law."Neil Adam Tibbetts, University of BristolTable of Contents1. PART A – About Problem Questions; 2. PART B – Researching & Writing; 3. PART C – Good Academic Practice; 4. PART D – Resources; 5. PART E – Answers

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

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

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less