business and contract law: Business Law I Essentials MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.), Renee de Assis, Suzanne Cardell, 2019-09-27 A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches. |
business and contract law: Business and Contract Law Arun Singh, 2010 The law and regulations governing business and contract law are increasingly complex and now affect all industries and every type of commercial agreement; from entering into a contract, to validity of purchase conditions. If you are involved in commercial contracting you will need to grasp the practical legal implications of these relationships to ensure your organization is not exposed to unnecessary risk. Additionally all organizations need protection from litigation and to anticipate any legal pitfalls. This Report combines up-to-date British commercial law with practical methods of translating this law into documentation. It identifies and analyzes the different types of contracts and how the various statutes affect them, ensuring that you fully grasp the impact of current legislation and case law. This Report will enable you to recognize and deal confidently with the risks and benefits of commercial contracts. |
business and contract law: North Carolina Contract Law Scott A. Miskimon, John N. Hutson, 2021 |
business and contract law: A Manual of Style for Contract Drafting Kenneth A. Adams, 2004 The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts. |
business and contract law: Contract Law For Dummies Scott J. Burnham, 2011-12-06 Take the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more. Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered. |
business and contract law: Contract Law and Contract Practice Catherine E Mitchell, 2014-07-18 An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements. |
business and contract law: Contracts Richard Stim, 2021-09-01 Life has become an endless series of contracts—this is the manual. There’s no reason to risk your hard-earned money signing a contract you don’t understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you’ll grasp mysterious concepts like “force majeur,” “indemnity,” and “time is of the essence. Contracts: The Essential Business Desk Reference is more than just an A–Z explanation of over 300 terms. It also includes: common negotiating strategies examples of contract provisions sample contract clauses and entire contracts examples of illegal and dangerous contract clauses what to expect if you or the other side breaks a contract up-to-date explanations of electronic contracts, and tips on amending and modifying agreements. Whether you’re starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students—and anyone else whose success is built around understanding and negotiating agreements. |
business and contract law: Contract Law Claire-Michelle Smyth, Marcus Gatto, 2018-07-09 This text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract-from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo-American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions-those that incorporate elements of both the common law and civilian traditions. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law, as well as to speak confidently when discussing the intricacies of the subject. |
business and contract law: Rethinking Contract Law and Contract Design Victor P. Goldberg, 2015-02-27 Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc |
business and contract law: An Introduction to the Law of Contracts Martin A. Frey, Terry H. Bitting, Phyllis Hurley Frey, 2000 The third edition of this well-respected text presents a road-map approach for thinking about contracts problems. Steps in the road map include choice of law, contract formation, unenforceable contracts, breach of contract, and plaintiff's remedies. The rules of the law are presented first as theory, followed by and example and either a paralegal exercises or a case so that students can relate the abstract to a concrete set of facts. The text also teaches students how to analyze a contracts problem using common law and a code approach (articles 1 and 2 of the UCC). |
business and contract law: Contract Law in Japan Hiroo Sono, Luke Nottage, Andrew Pardieck, Kenji Saigusa, 2019 Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law. |
business and contract law: New York Contract Law Glen Banks, Judith S. Kaye, New York State Bar Association, Norton Rose Fulbright (Firm)., 2014 |
business and contract law: Business Law and the Legal Environment Jethro K. Lieberman, George J. Siedel, III, 1993-04 |
business and contract law: Force Majeure and Hardship Under General Contract Principles Christoph Brunner, 2009-01-01 Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and case groups for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere. |
business and contract law: The Fundamentals of Contract Law and Clauses Nancy S. Kim, 2016-09-30 This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions. |
business and contract law: Business Contracts Handbook Charles Boundy, 2010 Anyone in business is liable to need an understanding of the contract process so they can comprehend the background, anticipate the issues, plan the structure and identify the key points. Rather than teach the law to managers, Charles Boundy provides you with advice, explanation and guidance to make sure the contracts you negotiate for your organization are an effective representation, properly negotiated and recorded, so that they can be confidently relied on. After all, having gone to the trouble of making the business case for a project, building a strong relationship and laying the foundations, it is in your interest, as the manager responsible, to make sure the deal enables you to realise the benefit of the agreement. |
business and contract law: Legal Opinions in Business Transactions Arthur Norman Field, Jeffrey M. Smith, 2006 Providing the guidance that law schools and most law firms don't offer, Legal Opinions in Business Transactions is the first practical, tool-filled guide to the step-by-step preparation of third-party closing opinions.Emphasizing how legal opinions reduce the risk of delays, disputes, and lawsuits in business deals, this unique resource shows you how to quickly and easily draft acceptable opinions using guidelines developed through custom and sanctioned by the TriBar Opinion Committee and ABA Business Section Opinion Committee. Packed with dozens of ready-to-insert opinion clauses and sample opinion letters, Legal Opinions in Business Transactions gives you a firm grasp of the:. Rights, obligations, and expectations of opinion givers, preparers, and recipients.. Customary terms, components, and structure of third-party opinion letters including how the law, documents, and factual assumptions are used.. Many types of interrelated opinions that form closing opinions including remedies opinions.. Perils of departing from customary opinion practice including the danger of botched transactions and even lawsuits. |
business and contract law: Working with Contracts Charles M. Fox, 2002 Contract drafting is different from the other types of writing that a new lawyer is faced with. Law school contracts classes rarely consider the issues that arise in sophisticated commercial transactions. A new lawyer is therefore forced to learn by doing and observing -- in high-pressure 'on the job' training. Now there is help. Working with Contracts: What Law School Doesn't Teach You provides the beginning lawyer with an operative understanding of the vocabulary and the building blocks of contracts. It introduces the basic elements of all contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and addresses issues that arise in reviewing contracts, including due diligence issues. It also offers sample provisions, drafting checklists, and an expansive glossary of contract language and basic transactional practice. |
business and contract law: Introduction to Business Lawrence J. Gitman, Carl McDaniel, Amit Shah, Monique Reece, Linda Koffel, Bethann Talsma, James C. Hyatt, 2024-09-16 Introduction to Business covers the scope and sequence of most introductory business courses. The book provides detailed explanations in the context of core themes such as customer satisfaction, ethics, entrepreneurship, global business, and managing change. Introduction to Business includes hundreds of current business examples from a range of industries and geographic locations, which feature a variety of individuals. The outcome is a balanced approach to the theory and application of business concepts, with attention to the knowledge and skills necessary for student success in this course and beyond. This is an adaptation of Introduction to Business by OpenStax. You can access the textbook as pdf for free at openstax.org. Minor editorial changes were made to ensure a better ebook reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License. |
business and contract law: Transactional Skills Stephen L. Sepinuck, John Francis Hilson, 2015 Co-published by West Academic Publishing and the ABA, this coursebook, designed to be used in law schools and large law firms with associate training programs, focuses on documenting agreements in a variety of topical legal areas such as real estate, merger and acquisitions, finance and securities. Intended to be taught to students or new associates by utilizing problems to teach them acquisition of transactional lawyering skills, an extensive corresponding Teacher's Manual that includes a detailed response to each problem and guidance on teaching each of the simulations is available. Through carefully designed problems and exercises, the first part of the book helps students understand and strategically use the different types of contract terms, translate deal terms to precise contract language, use forms appropriately, and spot and resolve ambiguity. Students also practice deal design, due diligence, and negotiating contract language. The second part of the book consists of four simulated commercial transactions, each of which consists of several parts. In each simulation, students further develop their transactional lawyering skills by structuring, negotiating, and documenting a deal on behalf of a one of the parties to the transaction. |
business and contract law: Contract Law Minimalism Jonathan Morgan, 2013-11-07 Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis. |
business and contract law: Understanding Business Contracts C. C. H. Australia , CCH Australia, 2016-02-20 Understanding Business Contracts is a quick guide designed to assist those working in business understand the practical application of contract law in their day to day dealings. Many contract law books present the law as an abstract set of rules along with a stream of legal cases attached to each rule. By contrast, this book takes a unique approach by providing the legal context to the practical operation of everyday business contracts. It is a concise explanation of how law affects contracts and the process of contracting, from early negotiation to formation, implementation and conclusion. This book will help businesspeople understand what is commonly found in contracts and how to navigate common pitfalls. It will assist readers better appreciate the how and why of contract law.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title. |
business and contract law: Standard Business Contracts Dirk Deschrijver, Marc Taeymans, Olivier Vanden Berghe, 2021-12-15 Business has become more international and as a consequence Belgian business contracts are increasingly being concluded in English. This reference book brings together a number of contracts that are governed by Belgian law but drafted in English. Each model is preceded by a short introduction summarizing the most salient provisions of Belgian law relevant to that particular contract. Also, in most models, different options and alternative wording are included. The templates in this book will serve as a useful guidance for drafting a number of contracts and clauses under Belgian business law. |
business and contract law: Contract Law Fundamentals Adam Epstein, 2008 Designed for the new paralegal, Contract Law Fundamentals, 1e is a case book and was written to reflect the black-letter law of contracts. It takes a straight forward approach and helps readers develop an understanding of the essence of contract law. A variety of edited cases are included throughout the book, and reflect classic contract law and contemporary rulings in different industries and states. |
business and contract law: The Uniform Sales Act , 1919 |
business and contract law: Foundational Principles of Contract Law Melvin A. Eisenberg, 2018-09-20 Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation. |
business and contract law: Law for Business Students Alix Adams, Stephanie Caplan, Graeme Lockwood, 2020 Law for Business Students is the popular textbook for introducing legal concepts to non-law students in a practical, engaging way through real-life cases relevant to the business world. A clear explanation of the study of law and study skills leads into the main core topics of law: contract (including intellectual property), tort, employment and business organisations (including formation), governance and dissolution. The book also includes a range of features to aid understanding, applying and analysing legal concepts: - Scenarios - to encourage development of opinions and application of relevant legal concepts. - Worth thinking about - discussion points to analyse within the classroom. - Exam tips - pointing to areas of the law which are ripe for questions in an exam, to help revision practice. - Chapter summaries - to reinforce learning of key concepts. - Key terms - highlighted in margin notes. - Review questions with answers - self-test questions and worked exam examples to consolidate knowledge, encouraging students to apply the law and boost confidence. - Advanced questions - to challenge students in developing knowledge of the law. This 12th edition has been fully updated and also provides restructured coverage of negligence, with dedicated chapters covering negligence and special duty situations and product liability. Clear and concise, it provides accessible coverage of the fundamental legal principles and an understanding of the practical application of the law to the business environment. Additional instructor resources to accompany the book are available at www.pearsoned.co.uk/adams-- |
business and contract law: The Future of the Commercial Contract in Scholarship and Law Reform Maren Heidemann, Joseph Lee, 2018-11-02 This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions. |
business and contract law: Keeping Pace with Change: Fintech and the Evolution of Commercial Law International Monetary Fund, Jose Garrido, 2022-01-27 This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies. |
business and contract law: Hereof, Thereof, and Everywhereof Howard Darmstadter, 2008 This update of Howard Darmstadter's witty, accessible guide to legal drafting reminds practitioners how best to choose their words, to compose clear and succinct sentences, to lay out their documents, and to decide which documents best serve a given scenario. This book may be unconventional, but it is a vital element of any lawyer's library.--BOOK JACKET. |
business and contract law: Understanding Commercial & Company Law Leigh Miller, Matthew Kelvin Barber, Jonathan Barrett, Ronán Feehily, 2019-06 This publication covers the relevant topics studied in university business courses and would be useful to any student who needs a robust general understanding of New Zealand law relating to contracts, consumers, companies, financial markets and corporate governance. Content for this book is drawn from the bestselling titles Understanding Commercial Law, 9th edition and Understanding Company Law, 4th edition ¿ both new editions which have been updated to take account of recent developments, case law and legislation. The use of plain language throughout ensures that the work is invaluable to students coming to the topic for the first time or who have English as a second language. |
business and contract law: Contracting and Contract Law in the Age of Artificial Intelligence Martin Ebers, Cristina Poncibò, Mimi Zou, 2022-06-30 This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws. |
business and contract law: Contracts for Your Business Charles Boundy, 2012 When running your own business, it can be easy to believe that contracts can wait. But getting the best (or avoiding the worst) from contracts is often a major factor in how well and how quickly a business succeeds. This book, from legal expert and entrepreneur Charles Boundy, provides business owners and managers with everything they need to stay on top of contracts and avoid getting bogged down in legalese. The book gives an easy-to-follow overview of: how to make or avoid making a contract; what to include and what to look for in contracts; how to have a contract achieve what you want at the price you have agreed; how to identify and manage major contract risks; how to approach the negotiation of key issues; how to draft and manage a contract to best effect; what to do (and not do) if things go wrong. A focused guide for the time-pressed, this is an indispensable tool for all businesses. Read it and stay successfully on top of the many contractual issues that businesses face every week. |
business and contract law: Contract Law in Sweden Boel Flodgren, Eric M. Runesson, 2015 This book was originally published as a monograph in the International encyclopaedia of laws/Contracts. |
business and contract law: Contract Law Jan M. Smits, 2017-06-30 This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added. |
business and contract law: The Richness of Contract Law R.A. Hillman, 2012-12-06 Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory. |
business and contract law: Law of Contract Paul Richards, 2002 This title sets out the principles of the law of contract with reference to the leading cases. Each chapter contains details of recommended further reading including cases and articles. A companion website allows students to keep up to date with developments. |
business and contract law: Arbitration and Contract Law Neil Andrews, 2016-04-18 This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals. |
business and contract law: Contract Law in Perspective Linda Mulcahy, 2008-08-18 Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals. |
business and contract law: Business Contracts Laura Plimpton, 2007-03-01 Create and Review Your Own Contracts Minimize your legal risks and lock in profits as experienced contract attorney Laura Plimpton walks you through a fail-safe method of reviewing any contract. Learn to identify and neutralize the trick phrases that can create enormous risks for you and your business. Plimpton’s expert advice can save you thousands of dollars in legal fees and may just prevent you from entering into a contract that could bankrupt your business. Plimpton covers: • A 10-minute foolproof system for reviewing any business contract • 23 terms that bulletproof a contract • 6 secrets for successful contracts • 5 terms that can ruin a deal • Powerful strategies for turning any contract to your advantage Use this arsenal of tools to protect your business by making sure every contract you sign is fair and binding. Critical Checklists and Sample Contracts on CD-ROM! Sample Contracts include: • Consulting Agreement • Construction Agreement • Service Agreement • Assignment and Assumption Agreement • Independent Contractor Agreement • Facility Agreement • Terms of Sale • Terms of Purchase Plus critical checklists for: • Modifying or extending an existing contract • Service agreements where your company is the service provider • Purchase orders where your company is the seller or buyer • Contracts where your company is the buyer of services • And more! |
BUSINESS | English meaning - Cambridge Dictionary
BUSINESS definition: 1. the activity of buying and selling goods and services: 2. a particular company that buys and…. Learn more.
ENTERPRISE | English meaning - Cambridge Dictionary
ENTERPRISE definition: 1. an organization, especially a business, or a difficult and important plan, especially one that…. Learn more.
SAVVY | English meaning - Cambridge Dictionary
SAVVY definition: 1. practical knowledge and ability: 2. having or showing practical knowledge and experience: 3…. Learn more.
LEVERAGE | English meaning - Cambridge Dictionary
LEVERAGE definition: 1. the action or advantage of using a lever: 2. power to influence people and get the results you…. Learn more.
INCUMBENT | English meaning - Cambridge Dictionary
INCUMBENT definition: 1. officially having the named position: 2. to be necessary for someone: 3. the person who has or…. Learn more.
ENTREPRENEURIAL | English meaning - Cambridge Dictionary
ENTREPRENEURIAL definition: 1. relating to someone who starts their own business or is good at seeing new opportunities to make…. Learn more.
EQUITY | English meaning - Cambridge Dictionary
EQUITY definition: 1. the value of a company, divided into many equal parts owned by the shareholders, or one of the…. Learn more.
COMPLIANCE | English meaning - Cambridge Dictionary
COMPLIANCE definition: 1. the act of obeying a law or rule, especially one that controls a particular industry or type of…. Learn more.
METRICS | English meaning - Cambridge Dictionary
METRICS definition: a set of numbers that give information about a particular process or activity: . Learn more.
PREMISES | English meaning - Cambridge Dictionary
PREMISES definition: 1. the land and buildings owned by someone, especially by a company or organization: 2. the land…. Learn more.
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contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the …
Federal Decree Law No. (32) of 2021 on Commercial Companies
Federal Decree Law No. (32) of 2021 on Commercial Companies 2 − Federal Law No. [6] of 2007 On the Regulation of Insurance Business, as amended; − Federal Law No. [4] of 2012 On the …
Australia Business Contract Law Fundamentals for Non …
3 Program Essence: Clariden’s 2-day Australia Business Contract Law Fundamentals for Non-Lawyers program is designed to provide you with a clear and concise understanding on how to …
Contract law basics - Business Companion
The background to contract law What is a contract? A contract is not only a written document with a signature, it can take many forms Contracts are entered into every day, formally and …
I. Understanding the Roles of Offer and Acceptance in the …
The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are ... * …
Contract for the sale and purchase of business — 2021 edition
1.1 The business means the business identified on page 1 of the contract and includes the chattels, fittings, fixtures and furniture, goodwill, intellectual and industrial property, licences, …
GUIDE TO NEW JERSEY CONTRACT LAW - New Jersey State …
topic of contract law in New Jersey, which is in many ways unique. This Fifth Edition should assist the practitioner further by (1) adding more topics of increasing interest under our developing …
COMMERCIAL LAW, LAW 331 - nou.edu.ng
This first semester of Law of Commercial Transaction course material deals basically with the Sale of Goods Law. The nature of sale of goods, sources and meaning of sale of goods will be …
Unit 1 Indian Contract Act 1872 - DACC
TY B.COM (Pattern 2013) Business Law (503) HISTORY OF INDIAN CONTRACT ACT 1872 •The Act as enacted originally had 266 Sections, it had wide scope and ... •An agreement …
Commercial Litigation: Causes of Action Checklist - Hogan …
BREACH OF CONTRACT Generally, the elements of a cause of action for breach of contract are: The formation of a contract between the plaintiff and the defendant. Performance by the …
CONTRACTUAL DISPUTES
A valid contract is a legally enforceable agreement between two or more parties for the exchange of goods or services. The elements of a valid contract are (1) offer, (2) acceptance, (3) …
BASIC PRINCIPLES OF ENGLISH CONTRACT LAW - A4ID
Nov 23, 1993 · I Formation of a Contract II Contents of a Contract III The end of a Contract I FORMATION OF A CONTRACT 1. A contract is an agreement giving rise to obligations which …
Hong Kong Law Contract Guide - JD Supra
Hong Kong law contract guide 11 The rights and obligations of the contracting parties often are set out as terms in a contract: they specify what a party must do or refrain from doing.
Choice of Law in International Business Contracts
International Business Contract Law Arrangements International business is a business where business activities consist of business transactions between parties originating from more than …
Law of Contract I - ETHIOPIAN LAW-INFO
1.6 The meaning of contract/contract law Though the questions „what is contract?‟ and “what is contract law?” are of paramount importance, it is difficult to give a definitive answer to either. …
Business Law, 12th edition - Pearson
BUSINESS TIP To understand how contract law, and for that matter the law in general, operates, it is in the interests of everyone to have some understanding of the nature and sources of law, …
PRINCIPLES OF BUSINESS LAW
PRINCIPLES OF BUSINESS LAW The Association of Business Executives William House • 14 Worple Road • Wimbledon • London • SW19 4DD • United Kingdom Tel: + 44(0)20 8879 1973 …
Comparing the Performance of Artificial Intelligence to …
In a landmark study, US lawyers with decades of experience in corporate law and contract review were pitted against the LawGeex AI algorithm to spot issues in five Non-Disclosure …
UNDERSTANDING BUSINESS LAW AND ITS IMPORTANCE IN …
entrepreneurs can stay up-to-date with changes in business law. Keywords: Business Law, Entrepreneurship, Legal Framework, Compliance, Regulations, Penalties. INTRODUCTION …
The Role of the State in Contract Law: The Common-Civil …
Contract Law: Insights from Social Contract Theory, 4 J. CoMp. L. 69 (2009) (linking the content of the ... business practice." Yet this view is not without difficulties. If the common law is truly …
Contract Basics for Litigators: District of Columbia - Williams …
Columbia law, the parties form a contract when they agree to all material terms and intend to be bound. (United House of Prayer for All People v. Therrien Waddell, Inc., 112 A.3d 330, 337-38 …
STUDY NOTE – 1 : INDIAN CONTRACT ACT, 1872
Law of contract creates jus in . personem. and . not in jus in rem. ¾. The Indian Contract Act consists of the following two parts: (a) General principals of the Law of Contract. (b) Special …
Part 1 A CONTRACT THE FORMATION OF - Pearson
Offer and acceptance This chapter discusses: the formation of a contract by one party making an offer which is accepted by another party; the distinction between unilateral and bilateral …
BUSINESS AND COMPANY LAW - MIA
2.0 Law of Contract 10% 3.0 Sale of Goods 5% 4.0 Agency and Partnership including Limited Liability Partnerships (LLP) 10% 5.0 Professional Negligence 10% B Company Law ...
Classification of Contract
1. Valid Contract An agreement which fulfils all the essentials prescribed by law on the basis of its creation. For example S offers to sell his car for Rs.2,00,000 to T. T agrees to buy it. It is a …
Examples & Explanations for Contracts (Examples
Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stern Professor of Law and Business Columbia Law School James E. Krier Earl Warren DeLano …
USING THE I-R-A-C STRUCTURE IN WRITING EXAM ANSWERS
The IRAC method is a framework for organizing your answer to a business law essay question. The basic structure is: I ssue, Rule, Analysis, and Conclusion . ... Examples: “Smith is liable …
Research on Translation Techniques of Business English …
Sep 26, 2021 · Therefore, Business contract translation has become an important factor in promoting the development of international trade. The effective ... Article 85 of the “General …
IPMZ DIPLOMA COMMERCIAL LAW MODULE
Commercial law, also known as business law or corporate law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, …
Digital Age Shapes Modern Contract Law - cl.cobar.org
steps necessary under Canadian law to form the basis of a contract, he rejected the notion that a text message containing a thumbs-up emoji could constitute a signature in the traditional …
Corporate and Business Laws - LPU Distance Education (LPUDE)
For business executives, contract law is tremendously significant because it underlies or is related to all major areas of law affecting business. References to sections in this unit are to this Act, …
European Commercial Contract Law - European Parliament
2.2.1. The World’s Bank Doing Business Report 44 2.2.2. The European judicial systems CEPEJ Evaluation Report 47 2.2.3. Discussion 49 2.3. Legal Certainty: Identifying Applicable Law and …
6. Business Law - ASEAN Law Association
Business Law Indonesian Legal System 135 Chapter VI BUSINESS LAW A. COMPANY LAW Introduction ... contract, thus it requires two or more shareholders at all times. Share Capital …
BOOK IV OBLIGATIONS AND CONTRACTS - WordPress.com
P5,000.00, the law requires that the donation and the acceptance shall be made in writing; 10 in a contract of sale of a piece of land or any interest therein through an agent, the law requires …
The Law and Economics of Contracts - Columbia University
Jun 5, 2006 · contract law as a discrete field, one should understand that, to a significant extent, the operation of the rules and institutions discussed below will depend on other aspects …
Business Law I - rvcc.pressbooks.pub
Chapter 4 - Introduction to Tort Law. Chapter 5 - Introduction to Contract Law. 5.1 General Perspectives on Contracts. 5.1 General Perspectives on Contracts. 5.2 Sources of Contract …
SHORT INTRODUCTION OF CONTRACT LAW IN VIETNAM
Short Introduction of Contract Law in Vietnam Lex Jurnalica Volume 10 Nomor 1, April 2013 40 SHORT INTRODUCTION OF CONTRACT LAW IN VIETNAM Le Nguyen Gia Thien (LLM) …
NITIKA BACHHAWAT BUSINESS LAWS REVISION NOTES - CA …
Dec 5, 2021 · The contract cannot be performed If the aggrieved party within a reasonable time does not avoid the contract then he will have to perform the contract. The aggrieved party will …
Business Contracts in Russia – Part 1
The Russian business contract law regulation is the subject of this writing, and it is aimed at updating the text of the chapter that handled the Russian contract law in my book Introduction …
THE INDIAN CONTRACT ACT, 1872 ARRANGEMENT OF …
62. Effect of novation, rescission, and alteration of contract. 63. Promise may dispense with or remit performance of promise. 64. Consequences of rescission of voidable contract. 65. …
UNIT t I The Indian Contract Act, 1872 General Principles of …
the law of contract. The term business law refers to those rules which govern and regulate business transactions. These rules, regulations etc bring a sense of seriousness and …
Contract Law in Business - 1training.org
Contract law in business Contract law is very important in all aspects of doing business and negotiating business at a local, national and international level. It is based on the classical …
BUSINESS LAW - DDCE, Utkal
The contracts being the basis of most of the business transactions, the law of contract is of particular significance to people (i .e., traders, factory owners, partnership firms, joint stock …
INTERNATIONAL COMMERCIAL CONTRACTS - Cambridge …
2.1.2.2 Purposive interpretation: Germanic law 139 2.1.3 Accurate application assumes a thorough understanding of the law 140 2.2 Tacit choice of English law for international …
ISSN 1045-6333 HARVARD
the “sanctity of contract and the resulting moral obligation to honor one’s promises,”1 and a well-known commentator avers in a typical statement that a “contract must be kept because a …