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This innovative book includes cases, problems, note materials and questions, as well as excerpts from law review articles and other secondary sources that explain the fit among the contemporary sources of Commercial Contracting Law. While the authors emphasize Uniform Commercial Code Articles 1 (as revised) and 2 (as enacted), but there are liberal references to Article 2A, UCITA, UETA, E-Sign, and the CISG to provide a sophisticated yet accessible presentation of the legal rules and principles that govern contemporary sales, leasing, and computer information transactions. Contemporary commercial contracting presents considerable pedagogical challenges. The authors provide a text that clearly explains the basic commercial context for the rule in question, and then provide materials that enable students to delve into more complex issues. Commercial Contracting: Sales, Leases, and Computer Information includes the cases that have continued to define commercial law for years as well as the most recent decisions that have changed the way we think about commercial contracting. The cases are complemented by extensive problems, permitting the instructor to emphasize either the case or problem approach. The authors have also integrated text and excerpts from treatises and law review articles that both put the issues in transactional context and test the limits of commercial codification. A comprehensive Teacher's Manual is available, and the authors also will provide sample syllabi, teaching notes, and PowerPoint slides that they have found work well in teaching the course. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
“If cash is the bloodline, contracts are the veins for business through which this blood flows.” Commercial business contracts sometimes are a mirage for legal professionals and more so for law students and other professionals. They are the main source of value creation or destruction for any organization. This book offers guidance to understand and navigate through all topics in a commercial B2B contract and enable the readers to negotiate and draft better commercial contracts so that contracts became a source of value generation and lasting business relationship because “strong boundary walls make neighbours gel better and longer”. If you are worried that your contracts may have “landmines” that could affect your business and margins and you wanted to use commercial contracts as a tool for value generation, then this book is for you. This book helps you avoid the “landmines” and create or spot “goldmines” in commercial contracts. The book is written and designed in a non-legal vocabulary so that both legal and non-legal professionals can use this book and extract the benefits of efficient commercial contracts.
Commercial Contracts: A Practical Guide to Standard Terms is an invaluable guide to the practical aspects of drafting and interpreting commercial contracts. It provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: key common clauses; when to use standard terms; procedures and good practice; termination of contracts; remedies for breach; and the specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on business-to-business and business-to-consumer agreements, providing users with an excellent tool for drafting commercial contracts. Includes important new case law on: - how to incorporate terms into a contract - how an exclusion clause must be drafted to have full effect - the terms as to quality implied into contracts by the Sale of Goods Act 1979 - what constitute reasonable and fair terms under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. There is also an account of the new rights to cancel contracts introduced by the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 Includes detailed coverage of the changes made in the area of hire purchase and conditional sale agreements by the Consumer Credit Act 2006 and the important changes to be introduced in this area under EU law from 1 February 2011.
This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.
This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
Risk, and the headaches that go wit it, have always been a major part of any construction project -- risk of loss, negative cash flow, construction claims, regulations, excessive changes, disputes, slow pay -- sometimes you'll make money, and often you won't. But many contractors today are avoiding almost all of that risk by working under a construction management contract, where they are simply a paid consultant to the owner, running the job, but leaving him the risk. This manual is the how-to of construction management contracting. You'll learn how the process works, how to get started as a CM contractor, what the job entails, how to deal with the issues that come up, when to step back, and how to get the job completed on time and on budget. Includes a link to free downloads of CM contracts legal in each state.
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.
This ground-breaking title from the world s leading authority on contemporary contracting best practices, the IACCM (International Association for Contract and Commercial Management) delivers a lively and practical complete insight into the contracting process which is useful in both business and personal life. Contracts are the language of business, and this book gives readers the essentials that can make a difference to any deal, no matter how big or small. Designed for the non-contract business professional, this book takes project managers and other professionals through the basic process and gives them a road map to improved results, increased value, and successful outcomes In this book you ll find sensible guidance and approaches to ensure business success. Case studies showing you what can go wrong and what can go right -- bring theory into the real world. Checklists give confidence and enable you to be certain that you have asked and answered the right questions as you go through any deal. This real-world approach demonstrates the value of effective contracting. This is not dry, academic prose. It is compelling and dynamic advice and tools to manage business relationships for both buyers and sellers.
This book aims to explain the principles of contract law for the businessman, and to put those principles into their commercial context. Anyone involved in commercial transactions needs at least a basic understanding of the principles of contract law – the legal framework for all commercial activity. A lack of such a basic understanding at best results in a business which is less competitive and ultimately less profitable than it should be, and at worst can have expensive and sometimes disastrous commercial consequences.