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Providing an economic account of why trusts exist and how trust law should be shaped, this book explains the economic benefits of trusts as an extension of the law of property, arguing against accounts of trusts law grounded in the law of personal obligations. The theoretical model is then used to criticise recent developments in the law.
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads
Unlike existing textbooks written for law students on specific subjects impacting real estate transactions, Real Estate Law: Fundamentals for The Development Process uses "The Development Process" as a framework for understanding how the U.S. legal system regulates, facilitates, and generally impacts real estate transactions and their outcomes. This book not only addresses the nature of specific legal issues directly relating to real estate transactions but also how those issues may best be identified and addressed in advance. This book breaks down the myriad of laws influencing the selection, acquisition, development, financing, ownership, and management of real estate, and presents them in context. Readers of Real Estate Law will gain a practical understanding, from the perspective of a real property developer or real estate executive, investor, or lender, of: how to identify potential legal issues before they arise; when to involve a real estate attorney; how to select an attorney with the appropriate, relevant experience; and how to efficiently and economically engage and manage legal counsel in addressing real estate issues. Written as a graduate-level text book, Real Estate Law comes with numerous useful features including a glossary of terms, chapter summaries, discussion questions, further reading, and a companion website with instructor resources. It is a resource of great value to real estate and finance professionals, both with and without law degrees, engaged in one aspect or another of real estate development and finance, who want to become more conversant in the legal issues impacting these transactions.
Biotechnology and the Challenge of Property addresses the question of how the advancement of property law is capable of controlling the interests generated by the engineering of human tissues. Through a comparative consideration of non-Western societies and industrialized cultures, this book addresses the impact of modern biotechnology, and its legal accommodation on the customary conduct and traditional beliefs which shape the lives of different communities. Nwabueze provides an introduction to the legal regulation of the evolving uses of human tissues, and its implications for traditional knowledge, beliefs and cultures.