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Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
The African Growth and Opportunity Act (AGOA) is a nonreciprocal trade preference program that provides duty-free treatment to U.S. imports of certain products from eligible sub-Saharan African (SSA) countries. Congress first authorized AGOA in 2000 to encourage export-led growth and economic development in SSA and improve U.S. economic relations with the region. This book seeks to inform the discussion on the potential reauthorization of AGOA through analysis of the components of the AGOA legislation; U.S. import trends associated with AGOA; the impact of AGOA on African economies and U.S.-Africa trade; and the issues surrounding the reauthorization process.
Completely revised and updated, conversational in tone, the book features hypotheticals to illustrate key concepts. Comprehensive yet concise, it addresses the theory of the firm as well as the nuts-and-bolts of corporate law, including separate consideration of specialized issues raised by closely-held and public corporations. With updated discussion of Sarbanes-Oxley, Rule 10b-5, and Section 16(b), it gives broad background. Financial concepts are explained with helpful examples, so that even sociology majors need not fear them.
A practical guide to addressing the challenges managers face in implementing and enforcing new anti-bribery regulations
The Bribery Act became the law of the land in July 2011. It abolished all existing U.K. anti-bribery laws and replaced them with a suite of new regulations decidedly different and more strenuous than what has come before. Under it companies found noncompliant will be open to billions in penalties and remediation costs, and managers will be open to prosecution if anyone associated with their company commits an offence covered by the act. As employees in nearly all departments will share responsibility for ensuring that adequate procedures are in place and enforced, there is a screaming need for practical, jargon-free guidance on the subject. This book fills that need. It arms managers and advisors with the knowledge and tools they need to implement, communicate and test controls and procedures that not only comply with but exceed the new anti-bribery requirements. It also offers priceless pointers on how to effectively react to bribery allegations if and when they occur.Packed with takeaway tips and checklists that put crucial information at readers' fingertipsWritten by a chartered accountant and compliance expert, the book offers practical steps managers should take to guarantee company complianceDescribes best practices in anti-bribery and corruption compliance in all key business areas, including accounting, sales and marketing, management, legal, and internal auditing
The Market in Financial Instruments Directive (MiFID) is nothing short of a revolution. Introduced on 1 November 2007, it will have a profound, long-term impact on Europe's securities markets. It will see banks operating as exchanges for certain activities, offering alternative execution services that more closely resemble the structure of over-the-counter markets, and will lead to the decentralisation of order execution in an array of venues previously governed by concentration rules. Crucially, MiFID will also have a profound impact on the organisation and business strategies of investment firms, exchanges, asset managers and other financial markets intermediaries. Until now, analysis has focused on the directive's short term implementation issues. This book focuses on the long term strategic implications associated with MiFID, and will be essential reading for anybody who recognises that their firm will need to make constant dynamic readjustments in order to remain competitive in this challenging new environment.
The objectives of the Seventh Edition are twofold: to help the student understand the substantive law of sales and develop the skills of statutory analysis in the context of a comprehensive statute that contains critical definitions and numerous cross references. The materials consist of cases, text, and problems. The cases are selected because of their effectiveness as teaching materials, presenting difficult legal questions and explaining the business background of the disputes. The notes elaborate on the background and push the student to question the rationale of the court. The problems further explore the soundness of the court's decision and present new issues of statutory analysis for the student to consider. They require the student to dig deeply into the language of the statute and the Official Comments, working back and forth among the various sections that are relevant to solving the problem. For teachers who so prefer, the course can be taught almost entirely through use of the problems.
In the wake of a series of corporate governance disasters in the US and Europe which have gained almost mythic status - Enron, WorldCom, Tyco, Adelphia, HealthSouth, Parmalat - one question has not yet been addressed. A number of 'gatekeeping' professions - auditors, attorneys, securities analysts, credit-rating agencies - exist to guard against these governance failures. Yet clearly these watchdogs did not bark while corporations were looted and destroyed. But why not? To answer these questions, a more detailed investigation is necessary that moves beyond journalism and easy scapegoating, and examines the evolution, responsibilities, and standards of these professions. John C. Coffee Jr, world-renowned Professor of Corporate Law, examines how these gatekeeping professions developed, to what degree they failed, and what reforms are feasible. Above all, this book examines the institutional changes and pressures that caused gatekeepers to underperform or neglect their responsibilities, and focuses on those feasible changes that can restore gatekeepers as the loyal agents of investors. This informed and readable view of the players on the contemporary business stage will be essential reading for investors, professionals, executives and business academics concerned with issues of good governance.
Renters have unique needs and preferences and unique hot buttons connected to finding a home. IMS -- Integrated Marketing Strategies -- blends communication, marketing, promotional, and environmental tools to create a highly effective multifamily marketing strategy. Learn unique techniques, get referrals, boost profits, and fill homes without using strong-arm techniques or inflated promises. Recommended reading for RAM and CLP.
Virtually all enterprises are regulated. Regulation is crucial not only to economic success but also to protecting consumer, worker, environmental, and other interests. Yet it is often considered a tiresome interference with entrepreneurial activity. This negative vision is unhelpful in addressing business and other needs for productive forms of regulation. Taming the Corporation offers an alternative, positive, vision of regulation. It stresses the role of good regulation in allowing businesses to flourish, serve markets effectively, and respect broader interests. This perspective paves the way for more productive regulatory designs. It looks at the characteristics of good regulation and provides businesses, consumers, and citizens with the arguments that will enable them to push for regulatory controls that serve their needs. Understandings of regulation are served by looking at the potentially positive roles of control strategies ranging from 'command laws' to 'nudges'. This book not only discusses regulatory theory but also uses numerous case examples to illustrate real life challenges and address three key regulatory challenges in the modern world: regulating for sustainability, addressing global warming, and controlling digital platforms.
Previous editions of the FIDIC users' guide: A practical guide to the 1999 Red, Yellow, MDB Harmonised and Subcontract Books have established it as the most practicable and helpful guide available for practising contract administrators. The new edition builds on Brian Totterdill's legacy and will ensure that all users are brought up-to-date with the most recent FIDIC developments and its expansion into a more international arena. The new authors bring over 40 years' in-depth FIDIC experience to the book, and have revised and expanded the guide accordingly, including a more detailed section on the MDB, as well as a new section on the subcontract to the Red. Recent case studies and experiences, and newly published forms of contract, are featured to increase knowledge, stimulate better contract administration and highlight accountability.
The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases, and construction professionals should be familiar with these cases but the information is scattered throughout a large number of law reports. The fifth edition of Powell Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases.
It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful decisions from the Commonwealth are also included. Throughout, the author's approach is practical rather than academic.
As use of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its third edition, this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding NEC3: Professional Services Contract uses plain English to lead the reader through the NEC3 Professional Services Contract's key features, including: Main and Secondary Options the use of early warnings programme provisions payment compensation events preparing and assessing tenders. Common problems experienced when using the Professional Services Contract are signalled to the reader throughout, and the correct way of reading each clause is explained. The ways in which the contract affects procurement processes, dispute resolution, project management and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practising international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 PSC available. It is an ideal companion for Employers, Consultants, Contractors, Engineers, Architects, Quantity Surveyors, Subcontractors and anyone else interested in working successfully with the NEC3 PSC.
Most procurement contracts passed in the European Union escape the full rigor of the application of the 2004 directives, since they are either below the threshold or concern non-priority services. However, the Court of Justice has held that the general principles of non-discrimination and transparency apply to contracts which - because of their subject matter, value, or other characteristics - present a cross-border interest. EU Member States and procuring entities have been given some guidance - by the case law and the Commission - on what is needed to comply with the said principles, but for the most part they themselves have to fill in the blank spaces in the regulatory framework. This book provides information on how a number of relevant jurisdictions in the EU have responded to the call by the Court of Justice, highlighting both best practices and areas of uncertainties. A chapter on the EU legal framework and a number of comparative chapters help in understanding both the requirements imposed by the EU case law as well as the developing trends at the national level, which are to influence the next generation of procurement directives. (Series: European Procurement Law - Vol. 4)
This book contains an analysis of the EU procurement directives for the Public Sector and for the Utilities Sectors. The analyses are primarily based on judgments of the Court of Justice of the European Union and Danish case law. The rules of the procurement directives are directly applicable to Danish law and, therefore, the several hundred Danish cases on the procurement directives largely amplify the analyses of the individual rules of the procurement directives.
The Tenth Edition treats in detail the provisions of Article 9 (Secured Transactions) and updates the material on Articles 3 (Negotiable Instruments), 4 (Bank Deposits and Collections), 4A (Funds Transfers), 5 (Letters of Credit), and 8 (Investment Securities). It takes into account developing case law applying the 2010 Amendments to Article 9, and important developments in federal law governing payment systems, including amendments to Regulation CC. Eleven new cases have been added. While also including new notes, problems, and text, this edition retains the mix of problems and cases present in previous editions. Form agreements are included.
Prepared in association with STEP, the world's leading organisation for private wealth professionals, this new edition of Family Offices features updated chapters from key players in the field including Sandaire, Pitcairn and Farrer & Co. This practical guide steers readers through the family office model, from its inception to the final stage in its "life cycle", and covers: *Establishing a family office and choosing the right jurisdiction *Recruiting and managing staff *The pros and cons of a "virtual" office *Evaluating a multi-family office *Millennials' interest in investments *Reputation protection *Using social media, total risk analysis and tools *Communication and cultural issues *Governance, crisis planning and long-term resilience The second part of the book explores the increasing number of important jurisdictions and features chapters on Australia, Bermuda, Canada, the Gulf region, Hong Kong, India, Israel, the Netherlands, Singapore, Switzerland, the United Kingdom and the United States. Whether you are a professional practising in the family office sphere, a family member or a new entrant to this diverse and challenging arena, this comprehensive publication provides essential insight into all aspects of the family office world.
Recognized for accurate, relevant, and straightforward coverage, BUSINESS LAW AND THE REGULATION OF BUSINESS, 12E illustrates how legal concepts apply to today's common business situations. The book's comprehensive, yet succinct, approach provides the depth of coverage ideal for business success and CPA exam preparation without technical jargon. The text includes both landmark and recent cases with the facts and decision summarized for clarity, while the opinion is carefully edited to preserve the language of the court. More than 220 classroom-tested figures, tables, diagrams, concept reviews, and chapter summaries clarify concepts. To enhance readability, legal terms are clearly defined, explained, and illustrated. In addition, each chapter is carefully organized and enriched by illustrative hypothetical and case examples that relate the material to real-life experiences. Numerous critical-thinking features further challenge and strengthen your analytical skills.
This nutshell provides a concise but comprehensive introduction to the Uniform Commercial Code for students and practitioners alike. It not only covers each major topic of the Code, including the process of selling, payment, negotiation, shipping, storage, financing sales, and leasing of goods, but also makes it possible for readers to see how the various Articles of the Code may interact in a single transaction. Wherever practicable, the actual language of the Code and its comments has been used. The comprehensive outline, thorough references to relevant authority, and intuitive system of cross-referencing contribute to its ease of use. The 8th edition contains the 2010 Amendments to Article 9, with an effective date of July 1, 2013.
The book will give students a rigorous introduction to the UCC without burdening them with needless citations. The new edition deals not only with the 1999 revisions to Article 9 but also with the recent revisions to Article 1. Of course, this edition also addresses the earlier revisions to Articles 5, 3 and 4. It has limited coverage of the failed attempt to revise Article 2.
To strengthen the credibility of the EU and its policies, the European Community is increasingly concerned to emphasise effective enforcement of EC law. This book engages in the debate on the better application of European law by offering an integrated analysis of a new institutional arrangement - one that relies on networks grouping the Commission and national administrative authorities. Taking the traditional enforcement paradigms of decentralization, centralization and agency-based enforcement as starting points, their benefits and downsides are described and critiqued, and the author concludes that there is considerable room for improvement. The book then undertakes a comprehensive analysis of the network model to determine its core characteristics and assess its effectiveness. European competition law and electronic communications law are used as case studies because, inter alia, the networks there have developed an adequate level of sophistication. The book also employs a bottom-up approach, considering how four key Member States (France, Germany, the Netherlands and the United Kingdom) have given effect to the relevant European rules. At the core of the book is a critique of the wider normative attractiveness of the network model. The discussion is kaleidoscopic, engaging with a wide variety of notions including legitimacy, judicial review, subsidiarity, institutional balance and efficiency. The thrust of the book is that network-based governance deserves careful consideration as the model that is able to mediate the competing concerns of coherence for Internal Market reasons, and of diversity and respect for local autonomy. This book is useful for EC competition law and communications law practitioners, and those with a keen interest in institutional and administrative law.
This updated version of the well-received Business Organizations or Corporations book, integrates experiential, skill-based, optional exercises into a traditional casebook framework. It features the foundational cases of most business organizations books, framed in the context of actual problems that would be presented to a business attorney. In addition to the traditional cases, principles and statutes found in this substantive area, the book includes a number of optional experiential exercises and scenarios, enabling students to use these materials to resolve real issues that will be faced by real clients. The book may be used for traditional business organizations law classes that want to have the option of including one or more experiential learning assignments as well as business organizations simulations.
The study of business organizations is, broadly speaking, a study of how people engage in business and, more importantly, how the law facilitates and regulates the operation of such businesses. Written in a clear and informative style, and chock full of examples and illustrations, this book examines the legal rules and doctrines associated with running a business-from formation to dissolution to everything in between. These rules and doctrines are explored within the context of the various organizational forms in which a business may be operated. Thus, reading this book will provide you with a solid grounding in the law of agency, general partnerships, corporations, limited partnerships, limited liability partnerships, and limited liability companies.
This ground-breaking book addresses the challenge of regulatory delivery, defined as the way that regulatory agencies operate in practice to achieve the intended outcomes of regulation. Regulatory reform is moving beyond the design of regulation to address what good regulatory delivery looks like. The challenge in practice is to operate a regulatory regime that is both appropriate and effective. Questions of how regulations are received and applied by those whose behaviour they seek to control, and the way they are enforced, are vital in securing desired regulatory outcomes. This book, written by and for practitioners of regulatory delivery, explains the Regulatory Delivery Model, developed by Graham Russell and his team at the UK Department for Business, Energy and Industrial Strategy. The model sets out a framework to steer improvements to regulatory delivery, comprising three prerequisites for regulatory agencies to be able to operate effectively (Governance Frameworks, Accountability and Culture) and three practices for regulatory agencies to be able to deliver societal outcomes (Outcome Measurement, Risk-based Prioritisation and Intervention Choices). These elements are explored by an international group of experts in regulatory delivery reform, with case studies from around the world. Regulatory Delivery is the first product of members of the International Network for Delivery of Regulation.
This title contains well-prepared briefs for each major case in Macey, Moll, and Hamilton's casebook on Business Organizations. High Court briefs are written to present the essential facts, issue, decision and rationale for each case in a clear, concise manner. While prepared briefs can never substitute for the insight gained by actually reading a case, these briefs will help readers to identify, understand, and absorb the core "take away" knowledge from each case. Moreover, these briefs are followed by a useful legal analysis, which provides extra tips and contextual background about each case, connecting the case to the broader concepts being developed throughout the casebook. This book also supplies case vocabulary, which defines new or unusual legal words found throughout the cases. Finally, to enhance the reader's recall, there is a corresponding memory graphic for each brief that portrays an entertaining visual representation of the relevant facts or law of the case.
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