The Fundamentals of Contract Law and Clauses

Author: Nancy S. Kim
Publisher: Edward Elgar Publishing
ISBN: 9781783479436
Release Date: 2016-09-30
Genre: Law

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 Contracts Handbook

Author: Charles Boundy
Publisher: CRC Press
ISBN: 9781317170624
Release Date: 2016-04-08
Genre: Business & Economics

If money is the lifeblood of business, contracts are the arteries that help carry it around the commercial body. Anyone in business is liable to have to deal with business contracts, but few are trained to do so. Even those that are trained may have experience in limited areas or in the distant past. But the right contract can make a vital difference, not just to recording and enforcing, if need be, the contract terms, but also in ensuring the agreement deals with the real issues and approaches them in a practical way. Finding help in this area is not easy, as the market tends to offer little between serious academic tomes on the one hand and student summaries geared to exams on the other. Business Contracts Handbook fills that gap, covering both the basics of contract law in an accessible style and using a thoroughly practical approach to understanding and negotiating the key terms in a business contract. If you have little prior knowledge, Charles Boundy's many years of experience in drafting and providing guidance on business agreements of all kinds will enable you to acquire a working background quickly. If you have years of experience you will still benefit from a checklist, a reminder of what is important and why, and an easy reference to up-to-date language and drafting - there is always more to learn.

Basic Contract Law for Paralegals

Author: Jeffrey A. Helewitz
Publisher: Aspen Publishers Online
ISBN: 9780735587267
Release Date: 2010
Genre: Law

Basic Contract Law for Paralegals became the market-leader with its quick, simple, and straightforward introduction to the basics of contract law for paralegal students. The manageable length makes this book ideal for shorter courses. Comprehensive coverage includes a chapter on drafting simple contracts. Clearly written text and lively examples help students understand the law. Well-crafted pedagogy includes chapter overviews, highlighted examples, key terms, review questions, sample clauses for analysis, edited cases, chapter summaries, and end-of-chapter exercises. Ethical problems are presented at the end of each chapter to raise awareness of professional responsibility in practice.The revised Seventh Edition presents new and updated case excerpts, assignments, and examples.Features: quick, simple, straightforward introduction the basics of contract law for paralegal studentscomprehensive coverage includes a chapter on drafting simple contractslively examples help students understand the law well-crafted pedagogychapter overviews highlighted exampleskey termsreview questions sample clauses for analysisedited cases chapter summaries exercises manageable length, ideal for shorter courses.ethical problems at the end of each chapter raise awareness of professional responsibility in practicesample contracts in the Appendix The revised Seventh Edition presents: new and updated case excerpts, assignments, and examples

Consentability

Author: Nancy S. Kim
Publisher: Cambridge University Press
ISBN: 9781107164918
Release Date: 2019-02-28
Genre: Law

Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.

Beginning Contract Law

Author: Nicola Monaghan
Publisher: Routledge
ISBN: 9781136738753
Release Date: 2013-03-12
Genre: Law

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Contract Law is all about, Beginning Contract Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Contract Law module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Chris and Nicola Monaghan break the subject of Contract law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Contract Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

The Managers Guide to Understanding Indemnity Clauses

Author: Frank Adoranti
Publisher: Global Professional Publishi
ISBN: 0852977603
Release Date: 2006-01
Genre: Business & Economics

* Examples are given from 'real life' business situations * Practical information and 'Golden Rules' on what to do and what not to do * Plain English explanations of legal terms This book explains the differences between fair indemnity clauses and those that are unduly onerous and will give readers an understanding of the nature of indemnities and their potentially devastating effects. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem, and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.

Getting Out of a Contract A Practical Guide for Business

Author: Adam Rose
Publisher: Routledge
ISBN: 9781317128250
Release Date: 2017-07-05
Genre: Business & Economics

This book is written by three commercial lawyers. Their clients often ask them as much for help in getting out of a contract as in getting them into one in the first place. Built around two business case studies, the book highlights the various legal issues that a business must address when faced with a contract it wants to walk away from. In the first instance the business needs to discover whether it is as shackled by a contract as it thinks it is. In many cases a contract is not as binding as it might initially appear - Getting Out of a Contract explains the circumstances in which this applies. It then goes on to explore how to minimize the damage should the agreement be inescapable and helps the reader to understand what the consequences of any actions might be. Written in plain English, the authors manage to demystify complicated aspects of English law for the non-lawyer. This book will help managers to: ¢ address how they make contracts; ¢ avoid making wrong decisions because they fail to appreciate what contracts they actually have or how to get round them; ¢ become more attuned to the legal ins and outs of contracts, enabling them to use lawyers more cost-effectively Company secretaries, finance directors and managers at all levels will find Getting Out of a Contract accessible and an invaluable business planning tool.

Smith Currie and Hancock s Common Sense Construction Law

Author: Thomas J. Kelleher, Jr.
Publisher: John Wiley & Sons
ISBN: 9781118858158
Release Date: 2014-11-20
Genre: Technology & Engineering

Cut through the legalese to truly understand constructionlaw Smith, Currie & Hancock's Common Sense ConstructionLaw is a guide for non-lawyers, presenting a practicalintroduction to the significant legal topics and questionsaffecting the construction industry. Now in its fifth edition, thisuseful guide has been updated to reflect the most currentdevelopments in the field, with new information on Public PrivatePartnerships, international construction projects, and more.Readers will find full guidance toward the new forms being producedby the AIA, AGC, and EJDC, including a full review, comparison tothe old forms, areas of concern, and advice for transitioning tothe new forms. The companion website features samples of thesedocuments for ease of reference, and end of chapter summaries andchecklists help readers make use of the concepts in practice. Theupdated instructor support material includes scenario exercises,sample curriculum, student problems, and notes highlighting the keypoints student responses should contain. Construction is one of the nation's single largest industries,but its fractured nature and vast economic performance leave itheavily dependent upon construction law for proper functioning.This book is a plain-English guide to how state and federal lawaffects the business, with practical advice on avoiding disputesand liability. Understand construction law without wading through legaltheory Get information on an emerging method of funding large-scaleprojects Parse the complexities presented by international and overseasprojects Migrate to the new AIA, AGC, and EJDC forms smoothly andconfidently This book doesn't cover legal theory or serve as a lawyer'sguide to case law and commentary – its strength is the clear,unaffected common-sense approach that caters to the constructionprofessional's perspective. For a better understanding ofconstruction law, Smith, Currie & Hancock's Common SenseConstruction Law is an efficient reference.

Contract Law Concentrate

Author: Jill Poole
Publisher: Oxford University Press
ISBN: 9780198803850
Release Date: 2017-08-10
Genre: Law

If you're serious about exam success, it's time to Concentrate! Contract Law Concentrate is the essential study and revision guide for law students looking for extra marks. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. Packed with essential information, key cases, revision tips and more, Contract Law Concentrate is also supported by extensive online resources to take your learning further (www.oup.com/lawrevision/): - Pinpoint which areas you need to concentrate on with the diagnostic test - Test your knowledge with the multiple-choice questions and receive feedback on your answers - Revise the facts and principles of key cases using the interactive flashcards - Check that you have covered the main points of a topic using the key facts checklists - Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster

Practical Guide to Engineering and Construction Contracts

Author: Philip Loots
Publisher: CCH Australia Limited
ISBN: 9781921593529
Release Date: 2009
Genre: Building laws

This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

Practical Guide to the NEC3 Engineering and Construction Contract

Author: Michael Rowlinson
Publisher: John Wiley & Sons
ISBN: 9781119032991
Release Date: 2016-05-03
Genre: Law

Launched in 1993, the NEC Engineering and Construction Contract has become one of the UK's leading standard forms of contract for major construction and civil engineering projects. The third edition, popularly known as NEC3, is a process based contract embodying project and commercial management best practice, so its basic philosophy differs from the more adversarial approach of other standard construction contracts. Since the first edition of this book, the third edition of the contract has seen the introduction of a new secondary option for use in the UK and amendments to a number of clauses. In addition, in September 2011, changes were introduced to cater for the amendments to the Housing Grants, Construction and Regeneration Act 1996 contained in the Local Democracy, Economic Development and Construction Act 2009, which became effective for all new contracts entered into from 1 October 2011. These amendments have been incorporated into the text. A Practical Guide to the NEC3 Engineering and Construction Contract will be useful to everyone in the construction industry working on a project under this contract. It will be of interest to the complete construction supply chain, including employers, construction professions, contractors and sub-contractors, as well as consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the day to day management or the resolution of problem situations which may arise.

Contract Law and Practice

Author: Michael H. Whincup
Publisher:
ISBN: 9041102132
Release Date: 1996-01-01
Genre: Law

This book provides continental lawyers with a clear and accessible introduction to the basic principles of English commercial contract law, and their English counterparts with what may well be their first insight into equivalent Continental rules. Highlighted features of this publication include: Clear but critical explanations of the general principles of the law, illustrated by modern precedents. More than 100 new cases have been added since the 1992 Second Edition. Use of typical commercial contract clauses, illustrating the practical significance of the rules in question and introducing students to the language of contracts. Emphasis on commercial practice and the fundamental issues of offer and acceptance, consideration, terms, exclusions clauses, risk,. mistake, misrepresentation, frustration, and remedies for breach. Interesting and instructive comparisons with Commonwealth and American developments in case law and statute, combined with appropriate references to the Vienna Convention on Contracts for the International Sale of Goods. Appendices contain the full text of the Convention, together with the important, new Unfair Terms in Consumer Contracts Regulations. Commentaries on comparable aspects of Danish, Dutch, French, German, Italian, Spanish and (new to this edition), Swedish law written by practitioners and academics of the countries in question.

Constitutional Values and European Contract Law

Author: Stefan Grundmann
Publisher: Kluwer Law International B.V.
ISBN: 9789041127655
Release Date: 2008-01-01
Genre: Law

Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.

Contract Law in Sweden

Author: Eric M. Runesson
Publisher:
ISBN: 9041160043
Release Date: 2015
Genre: Contracts

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Sweden 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 Sweden will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Contract Law in Poland

Author: Piotr Machnikowski
Publisher:
ISBN: 9041189041
Release Date: 2017-06-20
Genre:

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Poland 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 Poland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.