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ABOUT THIS BOOK This book assists the reader and provides value in three ways: First, model contract language in the form of commercial terms and conditions are provided. Second, the contract language is annotated with explanations and suggestions for each of the key articles. Third, summaries of actual litigated cases are provided in synopsis form. This triple combination of language, annotations and key case synopses all work together to instruct and enlighten the reader. WHAT OTHERS HAVE SAID ABOUT THIS BOOK "This book is a superb tool for anyone who relies upon contracts in their business dealings..." Nick Conca, Esq. Chief Claims Officer, Markel Corporation "The authors have hit the ball out of the park! They have crafted an easy to read and easy to understand contracts primer that all supply / demand chain professionals will embrace..." Dan Klepacki, MBA, BS Engineering Adjunct Professor - Rutgers Business School and Senior Industry Advisor Rutgers SCM Program "This book should be required reading for any Project Manager..." Frank V. Cielo, PMP Head of Operational Excellence KEMA Laboratories Chalfont DNV GL Energy "After having read Model Contract Terms and Conditions With Annotations and Case Studies, by Paul Humbert and Robert Mastice, I hope that this treatise becomes a standard manual in any situation where personnel have to develop and draft contracts in any business setting...." Glenn A. Montgonery, Esq., B.A., M.A., J.D. Montgomery, Chapin & Fetten, P.C. "Finally, a concise, annotated source of model contract terms and conditions with case summaries and citations prepared by those with actual, hands-on experience with complex project management transactions..." Glen Clark, Esq. Managing Partner Riker Danzig, Esqs. "The authors' practical experience and technical knowledge combine to provide a valuable guide for executives in the industry. This book contains valuable, real-world framework for successful capital project execution..." Guy Cipriano, P.E. President-EI Associates "Authors Paul Humbert and Robert Mastice do an exquisite job of simplifying and decomposing a complex topic in a pragmatic way..." Charlie White Entrepreneur & Principal Partner Thwakk, Inc "Contracts make the commercial world go round. The authors have done a stellar job of demystifying the contracting process, and what can be intimidating "legal" terms and conditions..." James A. Silva VP Solution & Business Development HD Supply - Power Solutions "Paul Humbert and Robert Mastice have written an invaluable resource for any business person or attorney who deals with commercial contracts. They provide section by section explanations of the purpose of, and rationale for, a wide range of common commercial contract provisions. Their commentary is illuminating for anyone who deals with those types of provisions. I have practiced law for more than 35 years. I wish that a resource like this had been available to me when I began to practice. I recommend it wholeheartedly to anyone, lawyer or non-lawyer, who would like to increase his or her understanding of commercial contracts." Richard Cogen, Esq. Partner Nixon Peabody, LLP OTHER BENEFITS OF THIS BOOK This book also facilitates the creation of a project or transaction specific Contract Management Plan. ("CMP"). A CMP is essentially an internal document prepared by either the Company or the Contractor for use by their respective employees in managing the transaction that is the subject of the Contract. The CMP is not shared with the other party since it deals exclusively with the internal considerations and mechanics associated with one party's administration and management of its rights and responsibilities under the Contract. The CMP supplements the Contract and also permits a documented methodology for applying lessons learned from past transactions.
"Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"--
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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Background Elements: Contract Curve and Expectation Damages; Consideration and the Bargained-for Exchange; Contract Formation; Unfairness and Unconscionability; Contract Interpretation; Performance and Breach; Mistake and Impossibility; Remedies; Third-Party Beneficiaries.
This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.