Over the last few years increasing attention continues to be paid to the Principles of European Contract Law (otherwise known as the Principles, the Lando Principles or PECL). The drafters of the Principles presented their work in the form of articles accompanied by explanatory notes, averring that the main purpose of the instrument is to serve as a basis for a future European contract law. Can the Lando Principles, as their drafters claim, indeed offer an acceptable basis for a future European contract law? Dr. Busch, both scholar and practitioner, offers a detailed analysis, in response to this question, of the contractual aspects of indirect representation (Arts. 3:301-304 PECL). He evaluates these provisions in the light of Dutch, German, and English law, as well as with reference to the Geneva Convention on Agency in the International Sale of Goods. To introduce this important comparative study and make the background as complete as possible, this book devotes separate chapters to thorough discussions of indirect representation in Dutch law (middellijke vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law (mittelbare Stellvertretung) and in the English doctrine of the undisclosed principal. Lawyers in Europe and elsewhere who must deal with contract law in any connection, will find this thoroughly researched and well-thought-out text to be indispensable. Its value as a scholarly analysis can only grow with the coming years. D. Busch (b. 1974) graduated (cum laude) in Dutch law from the University of Utrecht in 1997. He attained the title of Magister Juris in European and Comparative Law at the University of Oxford (St. John's College) in 1998, and defended his dissertation in 2002 at the University of Utrecht. Until the end of 2001 he was attached as lecturer and researcher to the Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as an attorney-at-law for the law office of De Brauw Blackstone Westbroek in Amsterdam. He has also been an honorary senior lecturer at the Molengraaff Institute since 2004.

The Wills and Inheritance Protocol sets out the Law Society's preferred practice in will drafting, probate and estate administration and supports the provision of consistent and high quality services by legal practices. The Protocol aims to raise standards of client care and service by: improving communication between practices, clients and beneficiaries increasing transparency and therefore understanding of the necessary processes encouraging practices to agree timescales and service levels with clients. Meeting the obligations of the Protocol is the cornerstone of the new Wills and Inheritance Quality Scheme and will also help all legal practices to: demonstrate high standards of practice to clients and others meet legal requirements achieve compliance with outcomes-focused regulation provide a consistent level of service. This book contains the full text of the Protocol version 1.0 and an appendix with relevant statutory extracts and guidance on good practice.

Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant's tortious conduct was a factual cause of a plaintiff's harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff's harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of 'standard of proof'. The application of this 'all or nothing' rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this 'no-liability' outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant's tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.

This comprehensive new volume on psychology and the law is an essential reference for students and professionals. It offers the most up-to-date information on issues such as malpractive, confidentiality, jury selection, punishment, competency, and the right to refuse treatment. Two well-known professionals, a lawyer and a clinical psychologist, have teamed up to write this judiciously balanced, clearly presented, and accessible guide to an ever more complex subject. they answer such questions as: What does a lie detector test really tell you? Can law enforcement officials use hypnosis to investigate a crime? Is eyewitness testimony the most reliable and persuasive evidence? Are we living in a more punitive society? These and other issues are dealt with in a concise, readable manner, one that tells readers how to approach the problems with arise in day-today practive as well as how to think about the fundamental current ethical and legal issues. Meticulously researched and documented, this important new volume offers a lively presentation, one which is must reading for students of law, and for professionals in both fields who want a complete reference guide.

Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.

This accessible and innovative textbook adopts a practical, transactions-centered approach to contract law by using contract clauses to explain doctrinal concepts. While reading this book, students will gain a working knowledge of important contract provisions and learn how to use contracts to prevent problems, reduce risks, and add value to transactions. This textbook contains unique features including reflection prompts, case highlights, and ''applying what you learned'' exercises to reinforce learning and help students gain essential transactional skills. Law professor and contracts expert Nancy Kim focuses on litigation prevention with a problem-solving approach. She offers helpful tips to avoid potential pitfalls in drafting contracts and provides explanations for common contract clauses and their meanings. Access to a digital teacher's manual is available upon purchase of the book. The Fundamentals of Contract Law and Clauses will be an invaluable resource for both law and business students, specifically in contracts, commercial law, business law and other transactions-oriented classes. Contents: PART I INTRODUCTION PART II A ROADMAP TO A CONTRACT 1. The Purpose of a Contract and Contract Clauses 2. The Anatomy of a Contract 3. A Very Brief Overview of Contract Law PART III CONTRACT CLAUSES AND CONTRACT DOCTRINE 4. Common Contract Clauses Involving Contract Formation 5. Contract Clauses and Contract Enforceability 6. Contract Clauses and Issues Related to Performance and Breach 7. Contract Clauses and Parties Other Than the Original Parties to the Contract 8. Contract Clauses Addressing Remedies Index

In Outrageous Invasions: Celebrities' Private Lives, Media, and the Law, Professor Robin D. Barnes examines the role and nature of privacy in Western democracies. Celebrities are routinely subjected to stalking, harassment, invasion of privacy, and defamation. These occurrences are often violations of their constitutional rights. Professor Barnes addresses growing concerns about the widespread immunity from liability enjoyed by United States tabloid publishers. Outrageous Invasions chronicles these experiences and the legal battles waged by celebrities in both the United States and European Union against a press corps that continuously invades their private lives.
Professor Barnes analyzes doctrinal developments in cases from the United States Supreme Court and the High Courts of Europe. These cases demonstrate that American celebrities are entitled to, but not receiving, the same protections as their European counterparts. In Outrageous Invasions, Professor Barnes explains the value of the rights of the individual to democratic nations. She notes the importance of insuring appropriate protection for freedom of expression and associational freedom through meaningful regulation in the instances when speech rights collide with equally important values such as privacy and equality.

The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: * notions of 'repair' and 'recycle' and their legal effects; * the limits of IP rights in relation to repair and recycle; * legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); * patent exhaustion on repair and recycling; * alteration of product 'identity'; * the concept of 'indirect' or 'contributory' infringement; * design law strategies; and * secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.

Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to life-saving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas. Written with an interdisciplinary audience in mind, these essays introduce readers to the latest debates in the philosophy of intellectual property, whether their interests are in the restrictions that copyright places on the reproduction of music and printed words or in the morality and legality of patenting human genes, essential medicines or traditional knowledge.

This book discusses the strategic and managerial issues surrounding intellectual property (IP) and the international commercialisation of these embedded products in the international market. Four sections cover Fundamentals of IP, Country Factors and Their Impact on IP, International Management of IP and International Strategies of IP. The discussions are supported by relevant case studies and statistical data.

Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce. In Tunisia, with the moderate Islamist party Ennahda winning the first elections following the 2011 revolution, questions of religion in public life have gained greater primacy. The country is often hailed for its progressive personal status code, seen as an exception to the practice in many other Muslim countries. Polygamy is banned, for example, and in divorce cases there is gender equality. However, Tunisia's legal system contains many gaps and leaves much room for interpretation. Bearing in mind this importance of the role of Islam in judicial courts, Maaike Voorhoeve investigates whether the more progressive, and ostensibly secular, principles enshrined in Tunisia's Personal Status Code of 1956 are in fact adhered to in divorce cases. And if not, whether judges frequently turn to the Sharia, custom or societal norms as their primary sources of guidance. Through extensive research in the Tunisian courts, Voorhoeve investigates the different types of divorce, the arguments presented to the court and the consequent legal decisions made. She focuses on the role of female judges, testing the assumption that they adjudicate in a more gender-neutral way and examining the impact they have had on Tunisian legal culture and through this, Tunisian society. Gender and Divorce Law in North Africa therefore sheds light on the wide-reaching debate throughout North Africa and the Middle East concerning the role of Islam and Sharia in the public, political, legal and private spheres. This debate, which often pits secularists against Islamists, but is in reality much more nuanced, is key in a variety of fields, including Middle East studies and Islamic law.

Perhaps no Asian country currently attracts more interest from foreign inventors and investors than China. In many cases, however, this avid interest in foreign investment is not based on a reliable knowledge of China's legal framework and of protection of technology in particular. In a jurisdiction where the laws are complemented and interpreted by numerous guidelines and circulars issued by ministries or courts, such knowledge and awareness is all the more important. "Intellectual Property Law in China" provides a comprehensive coverage of all aspects of intellectual property protection in China, emphasising particularly those issues of most concern to foreign investors: protection of well-known marks, issues of technology transfer, and, most important of all, actual enforcement of IP rights. The book is written by two outstanding experts on IP in China - Peter Ganea, head of the Max Planck Institute's China department, and Thomas Pattloch, now a practicing attorney in Shanghai and previously involved with the EU-China IP programme. The book thus combines practical knowledge with academic standards. The book contains the following chapters: patents and related rights such as utility models and designs; trade marks and related rights, including unfair competition, well-known marks, and domain names; copyright; technology transfer; enforcement; and comments on the draft Anti-Trust Act. "Intellectual Property Law in China" is essential for all companies investing in China or considering such investment, as well as for private practitioners counselling their clients on potential strategies such as registration or technology transfer.

The American Way is incompatible with the U.S. experience of post-World War II capitalism. National and individual self-determination are collapsing in the face of profit-seeking, social compulsions, and the imperatives of global competition. Iain Hay states that the illusion of free choice and the misguided rhetoric of individualism remain: they mask new realities of compulsion and collectivism. This cultural contradiction is thoroughly analyzed by Hay from an unusual, outside perspective through an investigation of the development of medical liability insurance and its implications for tort law reform and health care provision in the United States.

"Money, Medicine, and Malpractice in American Society" transcends traditional disciplinary boundaries to provide a straightforward account of circumstances giving rise to particular forms of legal, medical, and social regulation in the United States. Hay explores the roots of change in medical and legal regulation in the United States through an inquiry into medical malpractice and health care costs in the ever-changing domestic and worldwide arena. It provides the first comprehensive association of American medical liability issues, health care spending, and post-War national and international contexts. This book will be of particular interest to scholars, students, and doctors as it provides a useful framework for understanding legal and medical change associated with medical liability and its insurance.

'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington DC (July 2010). This volume contains the General Report and 20 National Reports covering the US, Canada, Japan, Korea, India, and a number of European countries (Austria, France, Germany, UK, Spain, etc). The General Report was prepared on the basis of the National Reports. The national reporters not only describe the existing legal framework, but also provide answers to 12 hypothetical cases concerning international jurisdiction, choice-of-law, and recognition and enforcement of foreign judgments in multi-state intellectual property (IP) disputes. Based on their answers, the main differences between legal systems - as well as the shortcomings of the cross-border enforcement of IP rights - are outlined in the General Report. The Reports in this volume analyze relevant court decisions, as well as recent legislative proposals, such as the ALI, CLIP, Transparency, Waseda, and Korean Principles. The book is therefore a significant contribution to the existing debate in the field, and it will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context. (Series: Studies in Private International Law - Vol. 10)

Are IQ tests racially and culturally biased? That was the controversial question in two landmark lawsuits: the California case of Larry P. v. Riles (1979) and the Chicago case of PASE v. Hannon (1980). Litigating Intelligence is a detailed analysis and comparison of these complex cases--the background, evidence, testimony, arguments, and surprising outcomes. It is also an important case study of the role of social science testimony in the courtroom and the role of the courts in setting social policy.

The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regarding it as the other's concern. This book is the first comprehensive appraisal of the modern tort of Conversion. It offers a coherent and accessible rationalisation of the subject, supported by rigorous analysis of all aspects, from title to sue to the available remedies. The principal thesis of the work is that the development of Conversion has somewhat stagnated, and in consequence the tort has so far been unable to fulfil either its theoretical or its practical potential as a legal device. Whilst this is partly a result of historical factors, it is also a consequence of the fact that no systematic examination of the tort in England appears ever to have been carried out. The primary objectives of the book, therefore, are to provide such an analysis, to present Conversion as a useful and important tort, well suited to the demands of contemporary law and commerce, and to offer a principled framework for its future development.

This edition remains a practical guide for the student conveyancer and articled clerk and is not intended nor does it claim to be a legal treatise. Because of the enormous amount of information that exists around this field and the changes in conveyancing practice and procedure, this text restricts itself to the factors salient for the purposes of the conveyancing examination. Examples are given in conjunction with the relevant subject matter to facilitate reference.