As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration).
Fully revised and updated, this sixth edition continues to look at the main themes of EU law in a straightforward and logical manner. Updated to discuss the UK’s increasingly difficult relationship with the EU and recent developments in EU citizenship rights such as the Zambrano decision, this book provides the reader with a clear understanding of EU law, concentrating on how and why the law has developed as it has. A chapter on assessment guidance has been expanded to provide advice on revision, coursework and examinations on the subject of EU law.
This student-friendly text is broad in scope and highly accessible, inspiring students toward further study and showing that understanding EU law can be an enjoyable and rewarding experience.
Written as a fascinating and enjoyable conversation between the authors – Stefan Olander, Vice President of Digital Sport from Nike and Ajaz Ahmed founder and Chairman AKQA – Velocity's up-to-date examples illustrate key lessons, together with insights, ideas and inspiration that individuals and businesses should adopt to thrive in the digital age.
Velocity shares the vision and values required to succeed with the untold backstories to influential and iconic innovation. Fast paced, useful, provocative and highly motivating, Velocity is a management book that will arm you with actionable ideas to define your future.
- 4 Velocity principles: Speed, Direction, Acceleration, Discipline.
- 7 Laws, including 'A Smith & Wesson beats four aces', 'It’s easier done than said', 'Convenient is the enemy of right' and 'No good joke survives a committee of six'.
• Hundreds of Paraguayan merchants smuggle computers, electronics, and clothing across the border to Brazil.
• Scores of laid-off San Franciscans, working without any licenses, use Twitter to sell home-cooked foods.
• Dozens of major multinationals sell products through unregistered kiosks and street vendors around the world.
When we think of the informal economy, we tend to think of crime: prostitution, gun running, drug trafficking. Stealth of Nations opens up this underground realm, showing how the worldwide informal economy deals mostly in legal products and is, in fact, a ten-trillion-dollar industry, making it the second-largest economy in the world, after that of the United States.
Having penetrated this closed world and persuaded its inhabitants to open up to him, Robert Neuwirth makes clear that this informal method of transaction dates back as far as humans have existed and traded, that it provides essential services and crucial employment that fill the gaps in formal systems, and that this unregulated market works smoothly and effectively, with its own codes and unwritten rules.
Combining a vivid travelogue with a firm grasp on global economic strategy—along with a healthy dose of irreverence and skepticism toward conventional perceptions—Neuwirth gives us an eye-opening account of a world that is always operating around us, hidden in plain sight.
From the Hardcover edition.
This book, in 11 sections, investigates the issues and opportunities associated with commercial transactions in the virtual world. In 29 detailed essays, this book analyses every facet of virtual world transactions, including the nature of virtual commercial transactions, virtual goods and services, transfer of virtual property, issues of negotiable instruments, remedies for buyers and sellers in the virtual world, consumer protection, dispute resolution and other related topics. Each of these sections both contributes to and advances the field of commercial law and related disciplines.
This book is an excellent source of reference for students, practitioners, academics, policy makers, and researchers as well as anyone with an interest in the exciting developments of commercial law in cyberspace.
This book is published by City University of Hong Kong Press.
International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers:
• Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004
• E-Commerce issues, including electronic bills of lading
• Insurance and payment mechanisms, such as letters of credit and the UCP 600
• International transportation of cargo, including the Rotterdam Rules
• Dispute resolution, incorporating jurisdiction, applicable law, arbitration and mediation
• Corruption and anti-corruption conventions, including the UK Bribery Act 2010
In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.
definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts.
Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.
The rules regarding formation of contracts
The contents of a contract
Vitiating factors, factors which invalidate an otherwise validly formed contract
The rules on discharge of contractual obligations
Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX.?The series provides the?simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes:
diagrams at the start of chapters to summarise key points
structured headings and numbered points to allow for clear recall of the essential points
charts and tables to break down more complex information
Where relevant, chapters also contain a Key Cases section which provides the simplest and most effective way to absorb and?memorise essential cases needed for exam success.
Essential and leading cases are explained
The style, layout and explanations are user friendly?
Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed.
This book will be of great value to all those interested in financial stability matters (practitioners, policy-makers, students, academics), as well as to EU law scholars.
'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.'
Robert H Stevens, University College, London.
'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.'
Mike Macnair, Oxford University.
'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.'
David Ibbetson, Cambridge University.
'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.'
Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)
Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved.
This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.
‘I am really impressed...the strengths are the user friendly format, clear explanations, helpful diagrams/flowcharts and appropriate suggestions for analysing the issues concerned’ - Katherine Davies, Northumbria
The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to:
Understand the law and remember the details
o using diagrams and tables throughout to demonstrate how the law fits together
Contextualise your knowledge
o identifying and explaining how to apply legal principles for important cases
o providing revision advice to help you aim higher in essays and exams
Avoid common misunderstandings and errors
o identifying common pitfalls students encounter in class and in assessment
Reflect critically on the law
o identifying contentious areas that are up for debate and on which you will need to form an opinion
Apply what you have learned in assessment
o presenting learning objectives that reflect typical assessment criteria
o providing sample essay and exam questions, supported by end-of chapter feedback
The series is also supported by comprehensive online resources that allow you to test your progress during the run-up to exams.
The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region.
Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions.
This book will be of great interest to scholars of company and comparative law, and business studies in general.
It guides you through the intricate steps of professional relationship building – internally for positive staff relationships and proactive teams as well as externally for smooth project management, delivery and business development. It contains advice that all ambitious professionals will find helpful: strategies to help you make the most of your strengths and optimise any opportunities that may present themselves. It is generously sprinkled with cases studies, some of which will cover familiar territory, others will act as a useful warning.
Anyone choosing a career in the property and construction profession will benefit from reading this book. Whatever your level of seniority, the tips and tactics will help you to spot and avoid those slippery snakes and climb the ladders to the top.
The key features of the volume are:
• Comprehensive coverage of modern laws on contract formation.
• Discussion on the relevance of international laws in the global business context.
• Delineation of the modern style, practice and challenges confronting new forms of contracts.
• Description of the application of contract law to special contracts.
• Discourse on the issues of international taxation and multinational contractual jurisdiction.
• Research-based analysis of the common law approach with the Indian perspective on contract law application.
The compilation views modern business contracts in a wide variety of commercial segments-from infrastructure to consortium loans, from joint ventures to outsourcing. It will serve as an excellent reference material for students of law, especially commercial law and business contracts. It will also be an exhaustive guide for lawyers and entrepreneurs.
This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.
The book will be of great interest to academics and students of legal theory and dispute resolution.
The eleventh edition has been thoroughly updated to incorporate recent legal changes including the European Union Act 2011, the Parliamentary Voting System and Constituencies Act 2011, the Fixed Term Parliaments Act 2011, the Equality Act 2010 and changes in financial regulation as it affects companies. References to treaty articles have been renumbered to reflect changes made by the Consolidated Version of the Treaty on European Union and the Treaty on the Functioning of the Union. The new edition also presents current proposals for reform in areas of business law such as aspects of the Unfair Terms in Consumer Contracts Regulations, competition law, consumer rights and defamation.
This book aims to give upper-level undergraduates and graduate students a comprehensive understanding of the administrative and practical aspects of international commerce. It seeks to provide students, as the potential future practitioners of international trade, with the ability to gather and administrate the information needed to decide on and manage complex international business transactions, including in- and outsourcing problems, exports and imports.
Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes.
Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more.Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes
If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
In Contractors in the Government Workplace: Managing the Blended Workforce, author Glenn Voelz offers best practices and tips for employees and junior supervisors tasked with managing hybrid government-contractor teams. Focusing primarily on service-based contracting, the most rapidly expanding element of government acquisitions over the past decade, he provides an understanding of the tools, techniques, rules, and regulations relating to supervision of contractors in the workplace. He also discusses legal, ethical, and security tips to help avoid common mistakes and violations of Federal Acquisition Regulation (FAR) guidelines. Voelz explains in a straightforward way all aspects of government contracting that acquisition personnel need to know, including the basics of service-based contracting, the government-contractor relationship, acquisition team responsibilities, administration procedures, contract language, common mistakes government managers may make, methods of evaluation, Performance-Based Service Acquisitions, and ethical and legal concerns. An extensive bibliography supplements the text along with several appendices which include a glossary of key acquisition terms, a checklist for reviewing and analyzing contracts, tips for writing Performance Statements and Statements of Work, and guidelines for contingency contracting and contracting in forward locations or austere environments.
€ Legal landmines every successful entrepreneur must avoid
€ Business practices that can be
protected-but are often overlooked
€ Protecting your intellectual property on the Internet
€ What are your ideas and the rights to them really worth?
€ Why trade secrets are a powerful and under-utilized protection
€ Lessons learned from Amazon.com, Microsoft, and other elite entrepreneurs
€ How even smart, savvy AOL lost exclusive trademarks, including "YOU'VE GOT MAIL!"
The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing is the definitive guide for the entrepreneur and innovator who is ready to protect what he or she has created-a