This new book is a hybrid - in addition to well selected cases, it contains substantial scholarly textual material introducing each topic or case. The student is given insights into both historical development and applicable theory. The approach is "show the ball" so as to enable the student to get more deeply into the challenging material. Each case is followed by extensive notes and questions designed to extend student thinking and reasoning. A very detailed Teachers Manual will accompany this book is available, containing briefs of each case, lists of interesting discussion and focus issues, and answers to every question in the notes.

This text is volume III of a five-volume reference work that surveys the entire literature on law and economics. The entries consist of two elements: a review of the literature by an authority in the field and a bibliography which covers most of the published material in the particular area.

Models of Integrity examines the relationship between contemporary art and the law through the lens of integrity. In the 1960s, artists began to engage conspicuously with legal ideas, rituals, and documents. The law-a primary institution subject to intense moral and political scrutiny-was a widely recognized source of authority to audiences inside the art world and out. Artists frequently engaged with the law in ways that signaled a recuperation of the integrity that they believed had been compromised by the very institutions entrusted with establishing standards of just conduct. These artists sought to convey the social purpose of an artwork without overstating its political impact and without losing sight of how aesthetic decisions compel audiences to see their everyday world differently. Addressing the role that law plays in enabling artworks to function as social and political forces, this important book fills a gap in the field of law and the humanities, and will serve as a practical "how-to" for contemporary artists.

This book is based on and explains the following sub-contracts published by the Construction Industry Federation: A?A?A?A?Agreement and Conditions of Sub-Contract for use in conjunction with the forms of Main Contract for Public Works Issued by the Department of Finance 2007A?A?A?A?and theA?A?A?A?Agreement and Conditions of Sub-Contract (NN) for use in conjunction with the Forms of Main Contract for Public Works issued by the Department of Finance 2007 where the Sub-Contractor is a specialist who has been Named by the Employer or whose Contract with the employer has been Novated (NN Sub-Contractor).A?A?A?A?

The book provides an integrated approach to risk sharing, risk spreading and efficient regulation through principal agent models. It emphasizes the role of information asymmetry and risk sharing in contracts as an alternative to transaction cost considerations. It examines how contracting, as an institutional mechanism to conduct transactions, spreads risks while attempting consolidation. It further highlights the shifting emphasis in contracts from Coasian transaction cost saving to risk sharing and shows how it creates difficulties associated with risk spreading, and emphasizes the need for efficient regulation of contracts at various levels. Each of the chapters is structured using a principal agent model, and all chapters incorporate adverse selection (and exogenous randomness) as a result of information asymmetry, as well as moral hazard (and endogenous randomness) due to the self-interest-seeking behavior on the part of the participants.

The first edition of Purchasing Contracts was published in 2001. It was intended to be of assistance to those whose work is with contracts for the procurement of goods and services rather than yet another contract law textbook. The author, Graham Fuller, said in the preface to the first edition that, in earlier times, a book of this kind might regarded as a compact manual intended to serve its owner as a friendly companion. The second edition has grown in size, as friendly companions tend to do with the passing of the years, and contains additional chapters including one on the special rules governing purchasing by public bodies and utilities. The subjects of misrepresentation, exemption clauses and electronic contracting are amongst those that have been updated and covered in more detail. The bill currently going through Parliament on bribery is also dealt with.

This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.

As the government increasingly uses commercial augmentation to perform many of its most basic functions, it is critically important that all employees understand the rules, expectations and boundaries that define the government-contractor relationship. The enormous shortfall of experienced acquisition personnel has left much of the burden of oversight and accountability to employees who are not trained in contracting regulations and procedures. Now, more than ever, all government employees and supervisors must possess a basic understanding of contract administration best practices and familiarity with rules and regulations governing the conduct of contractors in the workplace. This handbook introduces the fundamentals of managing government-contractor relations in a blended workforce. In Contractors in the Government Workplace: Managing the Blended Workforce, author Glenn Voelz offers best practices and tips for employees and junior supervisors tasked with managing hybrid government-contractor teams. Focusing primarily on service-based contracting, the most rapidly expanding element of government acquisitions over the past decade, he provides an understanding of the tools, techniques, rules, and regulations relating to supervision of contractors in the workplace. He also discusses legal, ethical, and security tips to help avoid common mistakes and violations of Federal Acquisition Regulation (FAR) guidelines. Voelz explains in a straightforward way all aspects of government contracting that acquisition personnel need to know, including the basics of service-based contracting, the government-contractor relationship, acquisition team responsibilities, administration procedures, contract language, common mistakes government managers may make, methods of evaluation, Performance-Based Service Acquisitions, and ethical and legal concerns. An extensive bibliography supplements the text along with several appendices which include a glossary of key acquisition terms, a checklist for reviewing and analyzing contracts, tips for writing Performance Statements and Statements of Work, and guidelines for contingency contracting and contracting in forward locations or austere environments.

Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.

Causation is a crucial and complex issue in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Therefore, this unique book will assist practitioners in answering one of the most important questions in the handling of their insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Causation in Insurance Contract Law also comes with a foreword written by Professor Robert Merkin. This book will be an invaluable guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.

Have you ever been cheated in a business deal? Do you hate that sick feeling you get once you've signed your name on a document that you know you barely read or understood? Let those kinds of bad experiences be banished from your life from here on out with 10 POWERFUL LESSONS on HOW to WORK with CONTRACTS: HOW to READ THEM, ENFORCE THEM and not GET CHEATED. Contracts are all over the place, and this book will open your eyes to how prevalent they are and how you come in contact with various contractual obligations, whether you know it or not. This book also will give you helpful tips, examples and valuable knowledge that will help you avoid bad decisions and experiences when it comes to contracts

The Professional Services Contract is intended for use in the appointment of a supplier to provide professional services. It can be used for appointing project managers, supervisors, designers, consultants or other suppliers under NEC contracts and can also be used for appointing supliers on non-NEC construction projects or for non-constructionprojects. This document contains the core clauses, the relevant main option clauses, the secondary option clauses and the contract data. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions - Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law. This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.

This innovative book provides non-native English speakers with the English language skills necessary to carry out their legal studies and professional activities effectively. It focuses specifically on the legal language required in two major areas of law central to international business law, drawing on examples from English, American and European legal materials. Fully class-tested, it employs an interactive methodology widely accepted in English language teaching.

This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.

This comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable. This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts.

Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

This welcome addition to the SULI series seeks for the first time in Scots law to identify and analyse the body of law known as "unjustified enrichment" in which, as identified by the Court of Session, the condictiones represent causes of action and restitution and recompense remedies. This book concentrates on the law of the condictio which it seeks to elaborate beyond the foundations laid by recent case law according to a fundamental distinction between two groups of enrichment case: those that arise from deliberate conferral (the subject matter of this volume) and all othercases. The text provides an authoritative and comprehensive account of the subject, and will establish a scheme of the precise features and limits of claims of unjustified enrichment. Robin Evans-Jones analyses the circumstances in which an obligation of restitution exists, the basis of each claim, the content of the obligation and its precise limits.

Contract Law Essential Cases provides an analysis of 50 of the most important cases in Contract Law. A description of the facts and an analysis of the judgment help both students and busy practitioners correctly to understand and interpret each case and extract the relevant points of law. This invaluable casebook sits alongside Contract Law Essentials and can be used in conjunction with, or independently from, that text. This book is ideal for students preparing for exams and is also an excellent resource for those who need to update their knowledge

Written by a leading contract lawyer with extensive teaching experience, Contract Law takes a unique approach to a complex subject. Chen-Wishart combines academic rigour with an innovative visual approach, presenting the law with diagrams, flowcharts and tables to provide students with a stimulating account of key principles and an engaging analysis of the complexities of contract law. Thought-provoking analytical features, such as the 'Pause for reflection' and 'Counterpoint' boxes, encourage active and critical engagement with the topics. Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. * The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks * The online resources include: animated diagrams; chapters in essence; guidance on answering the questions in the book; bi-annual updates on the latest key developments in contract law; and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

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.