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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.
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.
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.
Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.
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.
Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and hip implants consume a substantial part of the federal civil caseload. But multidistrict litigation, which federal courts use to package these individual tort suits into one proceeding, has not been extensively analyzed. In Mass Tort Deals, Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances in our courts may benefit everyone but the plaintiffs - the very people who are often unable to stand up for themselves. Rather than faithfully representing them, plaintiffs' lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. From diagnosis to reforms, Burch's goal isn't to eliminate these suits; it's to save them. This book is a must read for concerned citizens, policymakers, lawyers, and judges alike.
Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.
Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit. At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.
This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.
This fully revised and updated edition of Construction Contracts: Questions and Answers includes 300 questions and incorporates 42 new judicial decisions, the JCT 2016 updates and the RIBA Building Contracts and Professional Services Contracts 2018 updates. Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of previous editions, David Chappell continues to provide answers to real-world FAQs from his experience as consultant and Specialist Advisor to the RIBA. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects' instructions, adjudication and fees. Every question included has been asked of David Chappell during his career and his answers are authoritative but written as briefly and simply as possible. Legal language is avoided but legal cases are given to enable anyone interested to read more deeply into the reasoning behind the answers. This is not only a useful reference for architects, project managers, quantity surveyors and lawyers, but also a useful classroom resource to stimulate interesting discussions about real-world construction contract issues.
Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.
This book brings home the message that meticulous integration management is the key to success in M&A transactions. Half of all M&A transactions are unsuccessful because many companies embarking on a merger neglect this key success factor. Based on 30 years of experience of corporate mergers and acquisitions as well as the subsequent implementation of growth strategies, the authors have developed a practical manual that helps managers optimize and streamline their growth strategy using persistent integration and transformation management. The book provides first-hand accounts of M&A transactions that the authors led or were involved in, assessing each case from an insider perspective and outlining the key success factors and pitfalls. It concludes with practical checklists including the most relevant topics for each individual step toward successful integration.
The Great Depression-1929 through 1939 when the United States and the world were economically crippled-is still not fully understood. There are numerous theories on its causes and on what stimulated the recovery. Here is a powerful new tool for the historian or economist. The legislative acts of Roosevelt's New Deal in their entirety accompany macroeconomic verification of what took place in the social and economic arenas. Each act is preceded by a summary of its provisions, focusing attention on the law as a whole. Economic statistics are provided for 1926 through 1946 as a frame of reference.
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