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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 suppliers on non-NEC construction projects or for non-construction projects. This document contains the core clauses, the relevant main option clauses, the secondary option clauses and the contract data. The Guidance Notes explain the structure of the Professional Services Contract and the reasons for its provisions. They explain the "shell" of the contract and the need to provide important additional information such as the scope. The main options, dispute resolution options and the secondary options are all explained together with the basis of appointing a consultant. Explanatory notes on individual clauses and worked examples of contract data are also provided. The Flow Charts clearly set out the procedural logic of the 28 clauses. 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.
Save GBP55 when buying this bundle! * NEC3 Supply Contract * NEC3 Supply Contract Guidance Notes * NEC3 Supply Contract Flow Charts * NEC3 Supply Short Contract * NEC3 Supply Short Contract Guidance Notes and Flow Charts The Supply Contract (SC) and Supply Short Contract (SSC) are the first set of standardised terms designed for complex (SC) and low risk/simple (SSC) purchasing of goods - designed around the same model as other NEC documents yet flexible enough to apply to any industry or supply situation. The NEC3 Supply Contract should be used for local and international procurement of high-value goods and related services including design. The NEC3 Supply Short Contract should be used for local and international procurement of goods under a single order or on a batch order basis and is for use with contracts which do not require sophisticated management techniques and impose only low risks on both the Purchaser and the Supplier Accompanying each document are comprehensive Guidance Notes, which provide commentary on the contract clauses, and Flow Charts which set out the procedural logic of the contracts. The 5 new documents are available in this special bundle for a discounted price. 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.
The current debate over privacy presents some of the most complex policy-making challenges we have seen in some time. While data on consumers have long been used for marketing purposes, the Internet has substantially increased the flow of personal information. This has produced great benefits, but it also has raised concerns on the part of individuals about what information is being collected, how it is being used and who has access to it. These concerns, in turn, have led to calls for new government regulation. This study focuses on the market for personal information used for advertising and marketing purposes, which is the market affected by most of the regulatory and legislative proposals now under consideration. Unfortunately, there has been little careful analysis of these proposals and their likely consequences. This book attempts to fill this gap by addressing the following basic questions: * Are there 'failures' in the market for personal information? * If market failures exist, how do they adversely affect consumers? * Can such failures be remedied by government regulation? * Would the benefits of government regulation exceed the costs?GBP/LISTGBP The authors find that the commercial market for information appears to be working well and is responding to consumers' privacy concerns. They conclude that regulation imposed on a medium like the Internet that is changing so rapidly would have unpredictable and costly consequences. This study is a product of The Progress & Freedom Foundation's project on Regulating Personal Information: Balancing Benefits and Costs. The Progress & Freedom Foundation studies the impact of the digital revolution and its implications for public policy. It conducts research in fields such as electronic commerce, telecommunications and the impact of the Internet on government, society and economic growth. It also studies issues such as the need to reform government regulation, especially in technology-intensive fields such as medical innovation, energy and environmental regulation.
Deterrence of market manipulation is central to the entire regulatory and legal framework governing the operation of American commodity futures markets. However, despite all of the regulatory, scholarly, and legal scrutiny of market manipulation, the subject is widely misunderstood. Federal commodity and securities laws prohibit manipulation, but do not define it. Scholarly research has failed to analyze adequately the causes or effects of manipulation, and the relevant judicial decisions are confused, confusing, and contradictory. The aim of this book is to illuminate the process of market manipulation by presenting a rigorous economic analysis of this phenomenon, including the conditions that facilitate it and its effects on market users and others. The conclusions of this analysis are used to examine critically some legal and regulatory anti-manipulation policies. The Economics, Law and Public Policy of Market Power Manipulation concludes with a set of robust and realistic tests that regulators and jurists can apply to detect and deter manipulation.
A collection of carefully selected papers from the International Conference on Multi-National Joint Ventures for Construction Works held in varying locations within the Asia Pacific region. The book endeavours to report ongoing debates on the theory and practice of contract and contract formation, governance, performance and risk in joint ventures, with special emphasis on countries within the Asia and Pacific region.
The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a "(world) risk society." Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: * Social risks and business regulation * Preconditions for better business regulation * Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible-without jeopardizing the related public goals-the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.
The last few centuries have seen paper-based documents and manuscript signatures dominate the way businesses enter into a contractual relationship with each other. With the advent of Internet, replacing paper-based contracts with B2B electronic contracts is a possibility. However, an appropriate technology and an enabling legislation are crucial for this change to happen. On the technology front this feature has the potential to enable business executives to sit in front of their computer and sign multi-million dollar deals by using their electronic signatures. On the legal front various pieces of legislation have been enacted and policies developed at both national and international levels to give legal recognition to such type of contracts. This book presents the findings of an empirical study on large public listed Australian companies that examined businesses' perception towards the use of electronic signatures in B2B contracts. Essentially, it identifies six key factors that create a disincentive to businesses to move from the practice of paper- based signatures to the new technology of electronic signatures. This book offers legal practitioners, academics and businesses insights into issues associated with the use of electronic signatures and suggests a number of measures to promote its usage in B2B contracts.
Of all industries in the United States, the food industry must in fact be the most regulated by law. If it is not, its competition for this distinction goes unnoticed. All phases of the food industry are subjected to some control by law, beginning with the land food is grown on and the oceans from which it is harvested. Seed and plant stock are sometimes subjected to control such as to the nutritional value of the foods they produce. Acreages of agricultural crops, the quantities of foods to be produced, are regulated. As foods are produced, whether from plants or animals, the substances applied to increase yields or provide protection from pests are controlled to insure safe use. As foods enter and pass through the huge marketing system they are scrutinized from beginning to end by regulatory agents operating under authority of food laws. Those foods which are transformed through various technologies into today's thousands of consumer products are watched carefully to insure the appropriateness and safety of added ingredients, not all of which are natural, and the adequacy of processing, packaging and storage. Finally, the representation of foods to consumers through labeling and advertising is controlled to make sure it is accurate and sufficiently informative.
This book discusses the proper use of legal language in business communication. While communicating, a business leader has to bear in mind the relevant legal framework, and be sure to never violate it. However, legal language in itself can be so complex and difficult that it is often unclear as to what meaning can be ascribed to different words and phrases used in a particular context. Also, while it's easy to say that there are certain limits to the law, those limits are not readily visible to the uninitiated; occasionally, even experts flounder. Exploring precisely these topics, the book will be of interest to students of business, law, and business communication; managers; lawyers; researchers; practitioners; and general readers alike.
One might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field's most current and contentious issues. Focusing on those areas of antitrust economics that are most in flux, leading scholars discuss topics such as: mergers that create unilateral effects or eliminate potential competition; whether market definition is necessary; tying, bundled discounts, and loyalty discounts; a new theory of predatory pricing; assessing vertical price-fixing after Leegin; proving horizontal agreements after Twombly; modern analysis of monopsony power; the economics of antitrust enforcement; international antitrust issues; antitrust in regulated industries; the antitrust-patent intersection; and modern methods for measuring antitrust damages. Students and scholars of law and economics, law practitioners, regulators, and economists with an interest in industrial organization and consulting will find this seminal Handbook an essential and informative resource.
This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.
This Hornbook clarifies rather than simply recites corporations law, while paying attention to correcting common misconceptions held among students about the subject. Also appropriate for courts and commentators seeking the appropriate resolution of issues of corporations law. This book is written in a """"user-friendly"""" style, with citations kept to a minimum. The second edition incorporates the major developments in corporate law in the decade since the first edition was published.
Delay clauses in construction contracts are notoriously inadequate when invoked. The inherent, evidentiary uncertainties surrounding the causes and effects of project delays render them not only difficult to resolve when a dispute arises, but also difficult to regulate contractually. It is not surprising, then, that the governing law of the contract often plays a role when it comes to interpreting and applying contractual clauses dealing with delays, such as liquidated damages clauses and time extension clauses. And in many jurisdictions the governing law, while asserting the parties' right to contractual freedom, in fact fully or partly disables such clauses by restraining the employer's right to claim liquidated damages or imposing unfair contract terms rules. In this book well-known practitioners from twelve countries that attract large-scale international construction projects describe and analyse the interpretation and application of delay clauses under the laws of their respective countries. In each of their presentations the reader will find in-depth responses to the following questions: * Is the employer required to demonstrate a loss in order to claim liquidated damages? * Can the employer claim damages for delay as an alternative or in addition to a claim for liquidated damages? * Under which circumstances can the employer defeat a clause limiting the contractor's liability for delays? * Do interim delays trigger claims for liquidated damages? * How are claims for liquidated damages calculated and enforced? * Can the contractor claim a reduction of the employer's claim for liquidated damages? * Under what circumstances can the contractor or the employer claim an extension of an agreed time limit and who owns the 'float'? * How are concurrent delays dealt with? * Does the law impose any notice requirements on the employer in regard to claiming liquidated damages? * Under which circumstances does a delay warrant termination of the construction contract? In addition, each author includes a brief description of the construction law environment in his or her country and highlights pitfalls and advantages to be aware of when dealing with a standard construction contract, such as the FIDIC Red Book, in that country. As an eminently practical guide to relevant local law for project managers, engineers, consultants and others concerned in the administration and planning of major construction projects, this book will prove to be a very welcome resource. It will also be very helpful to legal advisors involved in the drafting and negotiation of major international construction contracts and/or in dispute resolution proceedings.
All purchasing activities take place within a context of legal regulation, a context that has been taking on increasing importance in recent years. This book provide a clear and concise account of the underlying legal principles which affect the purchasing function. A new component of the third edition is an additional appendix which contains recent cases involving procurement law issues. These are kept separate from the main body of the book and are not essential for purposes of revising for the Legal Aspects exam. However, they do provide useful examples of how the courts have been interpreting the law in relation to a wide range of procurement activities in the recent past. These include the EU public procurement rules, contract formation, assessment of claimable damages, limitations of liability, the Transfer of Undertakings (Protection of Employment) Regulations, the Freedom of Information Act, and the Late Payment of Commercial Debts (Interest) Act.
Public procurement rules are intended to ensure the best terms for government and the adequate protection of suppliers and contractors who sell their goods and services to the State. This practical title is particularly timely given the evolution and improvement in public procurement regimes in many jurisdictions. This unique title contains contributions from leading experts around the world who explain the best practice in public procurement in their jurisdictions. In addition to 19 jurisdictional chapters by leading professionals, featured chapters include contributions on United Nations best practice, the European directives, how countries are fighting corruption in the field and how PPP projects are procured. Legal advisers, government officers, consultants and academics will find the book useful in providing practical ideas regarding how best practices have been implemented in different jurisdictions and the results of such implementation.
For years, businesses have complained about the costs of regulatory compliance. On the other hand, society is becoming increasingly aware of the environmental, safety, health, financial, and other risks of business activity. Government oversight seems to be one of the answers to safeguard against these risks. But how can we deregulate and regulate without jeopardizing our public goals or acting as a brake on economic growth? Many instruments are available to assess the effects of laws regulating business, including the regulatory impact assessment (RIA), which contains cost/benefit analysis, cost-effectiveness analysis, risk analysis, and cost assessments. This book argues that public goals will be achieved more effectively if compliance costs of the enterprises are as low as possible. Highlighting examples from a wide spectrum of industries and countries, the authors propose a new kind of RIA, the business impact assessment (BIA), designed to improve both business and public policy decision making.
This audio tape provides the essentials on commercial paper and payment law, including negotiable instrument types, holder-in-due-course, real and personal defenses, and jus tertii. Explores contracts, obligations, suretyship, agent signatures, and Article 4. Addresses banks and their customers, properly payable rule, wrongful dishonor, stopping payment, death of customer's subrogation, bank statements, and contract of deposit. Examines offset, check collection, final payment, Expedited Funds Availability Act, delays, forgery, alteration, impostor rule, negligence rule, wire transfers, and Electronic Fund Transfers Act.
This audio lecture on cd includes the following topics: Liability of a Principal to Third Parties for Torts Committed by an Agent - Principal-Agent Relationship, Independent Contractors, Scope of the Principal-Agent Relationship, Intentional Torts; Liability of a Principal to Third Parties for Contracts Entered into by an Agent - Authority, Rules of Contract Liability; Duties Running Between Agents and Principals within a Principal-Agent Relationship; General Partnership Formation; Liabilities of Partners to Third Parties; Rights and Liabilities Between Partners - Fiduciary Relationship, Partnership Property, Profits and Losses; Partnership Dissolution - Compensation and Liability for Winding Up, Priority of Distribution.
In the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law. As such, it brings a long neglected and often underestimated area of international trade law to the fore.Exploring the delicate relations between the WTO, the EU and China, it focuses on the current legal framework for the use of alternative benchmarks in anti-subsidy law and analyses the consequences that arise from its practical application in investigations against China. Scrutinizing recent developments in WTO anti-subsidy law, in particular the adoption of country-specific rules in accession protocols, the book reveals the shortcomings of the current approach and argues for fundamental reforms. Accordingly, the book provides academics and practitioners alike with vital insights into the legal evolution and practical application of alternative benchmark methodologies in the context of WTO and EU anti-subsidy law, while also putting forward a critical analysis of the status quo.
This three and a half hour Sale and Lease of Goods audio lecture on compact disc discusses the definition of goods, contract formation, firm offers, the statute of frauds, modification, parol evidence, code methodology, and tender. Also explained are payment, indentification, risk of loss, warranties generally, warranties for merchantability, warranties for fitness of a particular purpose, disclaimers, consumer protection, remedies, anticipatory repudiation, and third-party rights. This lecture also includes an 8 page handout.
The book analyses every aspect of the ease or otherwise of implementing the FIDIC Yellow Book Conditions of Contract. On a clause-by-clause basis, it highlights important structural features and suggests alternative text to avoid problems with the contract. Written in a user-friendly manner by an expert user of the FIDIC Suite of Contracts, who is a Member of the FIDIC President's List of Adjudicators, this book will be a vital reference point for contractors, lawyers, engineers, arbitrators and all others concerned with the FIDIC contracts.
Since 1873, Gore-Browne on Companies has kept solicitors and barristers at the cutting edge of company law and practice. As the Companies Act 2006 changes the legal landscape, this reliability matters more than ever. From constitution through to liquidation, it provides the definitive answer to questions about company administration, share capital, takeovers and mergers. Gore-Browne on Companies has already taken in all eight stages of implementation of the Companies Act 2006 and from October 1 2009, it carries detailed coverage of the new Model Articles. Commentary on the issues arising in transitional arrangements ensures that you are fully prepared to interpret and apply the Companies Act 2006.
Economic development increasingly depends to a large extent on innovation. Innovation is generally covered by intellectual property (IP) rights and usually requires extensive funding. This book focuses on IP and debt financing as a tool to meet this demand. This book clarifies the situation of the use of IP as collateral in practice through a survey conducted in Japan on IP and debt financing. Various obstacles in the proper use IP and debt financing are identified, and some projects to facilitate its use are illustrated. IP and debt on a global scale, either by attracting foreign lenders or by collateralizing foreign IP rights, needs appropriate private international laws. This book analyzes such regulations in which the United Nations Commission on International Trade Law (UNCITRAL) has worked, paying due attention to the law of finance and insolvency law, as well as IP laws. However, further analysis is needed to identify under what conditions such solutions would show optimal effects. This book offers comprehensive analysis from an economic point of view.
Im Mittelpunkt dieses Buches stehen, anders als bei vielen Standardwerken zur Compliance, nicht die Ziele, sondern die Mittel, die eine wirkungsvolle Compliance ermoeglichen. Aus der Innensicht des Compliance Officer werden alltagliche Probleme thematisiert und anhand konkreter, praxiserprobter Massnahmen geloest. Ausgehend vom Spannungsfeld zwischen Gewinnerzielung und Compliance werden daruber hinaus ethische Grundsatze sowie das Auftreten der Compliance, ihr Umgang mit Ansprechpartnern und ihr Vorgehen bei Verstoessen diskutiert. Psychologisch sowie soziologisch begrundete Erkenntnisse erweitern hier die Perspektive, rucken den Menschen ins Zentrum und bieten neue Ansatzpunkte fur die Gestaltung einer erfolgreichen Compliance. Zusatzmaterial erhalten Sie via App: Laden Sie die Springer Nature Flashcards-App kostenlos herunter und nutzen Sie als Printbuchkaufer exklusive Inhalte, um Ihr Wissen zu prufen.
All governments, in various ways, regulate and control nonprofit organizations. Nongovernmental organizations (NGOs), while hopeful of supportive regulatory environments, are simultaneously seeking greater autonomy both to provide services and to advocate for policy change. In part to counter increasing statutory regulation, there is a global nonprofit sector movement towards greater grassroots regulation - what the authors call self-regulation - through codes of conduct and self-accreditation processes. This book drills down to the country level to study both sides of this equation, examining how state regulation and nonprofit self-regulation affect each other and investigating the causal nature of this interaction. Exploring these issues from historical, cultural, political, and environmental perspectives, and in sixteen jurisdictions (Australia, China, Brazil, Ecuador, England and Wales, Ethiopia, Ireland, Israel, Kenya, Malawi, Mexico, Tanzania, Uganda, Scotland, United States, and Vietnam), the authors analyze the interplay between state control and nonprofit self-regulation to better understand broader emerging trends.
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