The Law of Contracts and the Uniform Commercial Code, Tepper Pamela
Автор: Marcelo Corrales Compagnucci, Mark Fenwick, Stefan Название: Smart Contracts: Technological, Business and Legal Perspectives ISBN: 1509948252 ISBN-13(EAN): 9781509948253 Издательство: Bloomsbury Academic Рейтинг: Цена: 45400.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements.
Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation.
The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.
Автор: Francisco de Elizalde Название: Uniform Rules for European Contract Law?: A Critical Assessment ISBN: 1509943692 ISBN-13(EAN): 9781509943692 Издательство: Bloomsbury Academic Рейтинг: Цена: 47510.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
Автор: Francisco de Elizalde Название: Uniform Rules for European Contract Law?: A Critical Assessment ISBN: 1509916288 ISBN-13(EAN): 9781509916283 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
Автор: Mark Anderson, Victor Warner Название: Technology Transfer ISBN: 1526509067 ISBN-13(EAN): 9781526509062 Издательство: Bloomsbury Academic Рейтинг: Цена: 300960.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Technology Transfer covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, Technology Transfer is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including: - Coverage of EU Horizon 2020 replacing Framework 7 funding scheme - General Data Protection Regulation (GDPR) - Updates in line with the Charities Act 2011 - New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements) - New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014 - New material on the EU Trade Secrets Directive - Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC - Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014) - Coverage of Technology Transfer Regulation, 316/2014 and related guidelines The precedents are available to download electronically via a separate website.
Автор: Morgan Название: Contract Law Minimalism ISBN: 1107021073 ISBN-13(EAN): 9781107021075 Издательство: Cambridge Academ Рейтинг: Цена: 109830.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: How can contract law best provide the framework for commercial exchange? This book contends that a minimalistic regime of strict rules is optimal. The author engages fully with the important arguments of relational contract theory and law and economics, but concludes that courts should not assume an active regulatory role.
Автор: Paul S Davies, Tan Cheng-Han Название: Intermediaries in Commercial Law ISBN: 1509949097 ISBN-13(EAN): 9781509949090 Издательство: Bloomsbury Academic Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries.
Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries.
A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.
Автор: Louise Gullifer, Stefan Vogenauer Название: English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale ISBN: 1849465495 ISBN-13(EAN): 9781849465496 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale’s interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.
Автор: Kenneth Yin, Simon Kozlina, Kelly Green, Luca Sili Название: Contract Law: Cases and Materials ISBN: 1108435270 ISBN-13(EAN): 9781108435277 Издательство: Cambridge Academ Рейтинг: Цена: 87650.00 T Наличие на складе: Нет в наличии. Описание: Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. This casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law.
Автор: Gillette Название: The UN Convention on Contracts for the International Sale of Goods ISBN: 1316604160 ISBN-13(EAN): 9781316604168 Издательство: Cambridge Academ Рейтинг: Цена: 50680.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book provides students, practitioners and academics with an overview of the UN Convention on Contracts for the International Sale of Goods (CISG) through the lens of economic theory. Revised and expanded for the second edition, the volume`s topic-based approach is tailored to courses in international sales law.
Автор: Piers Feltham, Tom Leech QC, Peter Crampin QC, Jos Название: Spencer Bower: Reliance-Based Estoppel: The Law of Reliance-Based Estoppel and Related Doctrines ISBN: 1847665705 ISBN-13(EAN): 9781847665706 Издательство: Bloomsbury Academic Рейтинг: Цена: 290400.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman’s Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another’s reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower’s unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Автор: Catherine Mitchell Название: Vanishing Contract Law: Common Law in the Age of Contracts ISBN: 1316514137 ISBN-13(EAN): 9781316514139 Издательство: Cambridge Academ Рейтинг: Цена: 92930.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book offers a succinct account of why English contract law now faces functional and moral redundancy. It explores the diminishing role of the English common law of contract as a regulatory force in modern society, the implications of its decline and possibilities, if any, for its revival.
Автор: Mohammad Ali Shalan, Mohammed Ayedh Algarni Название: Innovative and Agile Contracting for Digital Transformation and Industry 4.0 ISBN: 179984501X ISBN-13(EAN): 9781799845010 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 239310.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Digital transformation is reshaping the business arena as new, successful digital business models are increasing agility and presenting better ways to handle business than the traditional alternatives. Industry 4.0 affects everything in our daily lives and is blurring the line between the physical, the biological, and the digital. This created an environment where technology and humans are so closely integrated that it is impacting every activity within the organizations. Specifically, contracting processes and procedures are challenged to align with the new business dynamics as traditional contracts are no longer fitting today's agile and continuously changing environments. Businesses are required to facilitate faster, more secure, soft, and real-time transactions while protecting stakeholders' rights and obligations. This includes agile contracts which are dynamically handling scope changes, smart contracts that can automate rule-based functions, friction-less contracts that can facilitate different activities, and opportunity contracts that looks toward the future.
Innovative and Agile Contracting for Digital Transformation and Industry 4.0 analyzes the consequences, benefits, and possible scenarios of contract transformation under the pressure of new technologies and business dynamics in modern times. The chapters cover the problems, issues, complications, strategies, governance, and risks related to the development and enforcement of digital transformation contracting practices. While highlighting topics in the area of digital transformation and contracting such as artificial intelligence, digital business, emerging technologies, and blockchain, this book is ideally intended for business, engineering, and technology practitioners and policy makers, along with practitioners, stakeholders, researchers, academicians, and students interested in understanding the scope, complexity, and importance of innovative contracts and agile contracting.
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