Commercial Expectations and Cooperation in Symbiotic Contracts, Soper, Charles Haward
Автор: Soper, Charles Haward Название: Commercial expectations and cooperation in symbiotic contracts ISBN: 0367272113 ISBN-13(EAN): 9780367272111 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts.
Автор: Rahmi Kopar Название: Stability and Legitimate Expectations in International Energy Investments ISBN: 1509952071 ISBN-13(EAN): 9781509952076 Издательство: Bloomsbury Academic Рейтинг: Цена: 45400.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.
Автор: Yong Qiang Han Название: Policyholder`s Reasonable Expectations ISBN: 1509900764 ISBN-13(EAN): 9781509900763 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar ‘doctrine’ of ‘policyholder’s reasonable expectations’ has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder’s reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder’s reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder’s reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law ‘doctrine’ of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder’s reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background. "This book provides a stimulating and critical review of a doctrine that is far from dead." Professor Malcolm Clarke, Professor Emeritus of Commercial Contract Law, St John’s College, University of Cambridge "A thoroughly researched inquiry that is both broad in scope and nuanced in its analysis of case law and concepts. It not only re-examines and corrects much of the conventional wisdom regarding the reasonable expectations concept but also appreciates the application of the doctrine to the overall insurer-policyholder relationship as well as to coverage disputes...A fresh and interesting exploration that has both perspective and detail. The book makes insightful observations and marshals specific supporting evidence that requires rethinking of traditional views of both insurance law and contract law....Just when you thought everything had been said about the reasonable expectations “doctrine,” Professor Han provides new and important insights that will prove valuable to scholars addressing the topic, judges deciding cases, and lawyers representing both insurers and policyholders." Jeffrey W Stempel, Doris S & Theodore B Lee Professor of Law, William S Boyd School of Law “This sweeping study of the policyholder’s reasonable expectations makes a strong case for placing greater emphasis on this notion in English insurance law. Analyzing the issue from both doctrinal and comparative law perspectives, it is a must-read for anyone in the field.” Professor Kenneth S Abraham, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law "This book provides the most systematic and comprehensive analysis in the literature on the principle that courts should safeguard policyholders’ reasonable expectations of coverage. In the process, it offers a convincing argument that English insurance law should consider policyholders’ reasonable expectations of coverage." Professor Daniel Schwarcz, Julius E. Davis Professor of Law, University of Minnesota "This book provides an analysis of the concept of the policyholder's reasonable expectations and an enquiry into the place this concept holds and should hold in English law on insurance contracts. In doing so the book addresses wider questions, such as the justifications for not making substantial distinctions in law between insurance contracts and contracts in general, the subsumed role of expectations in contract law, and the real significance of good faith in the performance of contracts under English law. It argues that Engl
Автор: Yong Qiang Han Название: Policyholder`s Reasonable Expectations ISBN: 1509927891 ISBN-13(EAN): 9781509927890 Издательство: Bloomsbury Academic Рейтинг: Цена: 42230.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar ‘doctrine’ of ‘policyholder’s reasonable expectations’ has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder’s reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder’s reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder’s reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law ‘doctrine’ of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder’s reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.
Автор: Stefan Grundmann, Fabrizio Cafaggi Название: The Organizational Contract: From Exchange to Long-Term Network Cooperation in European Contract Law ISBN: 1472421248 ISBN-13(EAN): 9781472421241 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Невозможна поставка. Описание: This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity.
Автор: Nottage Luke Название: ASEAN Consumer Law Harmonisation and Cooperation ISBN: 1108725821 ISBN-13(EAN): 9781108725828 Издательство: Cambridge Academ Рейтинг: Цена: 54910.00 T Наличие на складе: Нет в наличии. Описание: The first Western-language research monograph detailing significant developments in consumer law and policy across Southeast Asia. Eight chapters examine consumer law topics within ASEAN member states such as product safety and consumer contracts as well as financial and health services, plus the interface with competition law.
Автор: TT Arvind, Jenny Steele Название: Contract Law and the Legislature: Autonomy, Expectations, and the Making of Legal Doctrine ISBN: 1509926100 ISBN-13(EAN): 9781509926107 Издательство: Bloomsbury Academic Рейтинг: Цена: 147840.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This volume revisits some of the key debates about the nature and shape of contract law, in the light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which draw almost exclusively on cases in putting forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation which carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion volume to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law.
Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of 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: Gillette Название: The UN Convention on Contracts for the International Sale of Goods ISBN: 1107149622 ISBN-13(EAN): 9781107149625 Издательство: Cambridge Academ Рейтинг: Цена: 95040.00 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: Andrews Название: Contract Law ISBN: 1107061687 ISBN-13(EAN): 9781107061682 Издательство: Cambridge Academ Рейтинг: Цена: 87650.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Significantly streamlined and updated, this second edition provides a clear and succinct introduction to all of the topics in the contract law curriculum. Chapters highlight the most important decisions in case law and integrate judicial excerpts into detailed discussion and analysis. New end-of-chapter questions provide excellent exam preparation for students.
Автор: Catherine Mitchell Название: Contract Law and Contract Practice: Bridging the Gap Between Legal Reasoning and Commercial Expectation ISBN: 184946121X ISBN-13(EAN): 9781849461214 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Departing from the literature on contract law and commercial expectations, this book moves contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a responsive approach to the regulation of commercial agreements.
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