Commercial Expectations and Cooperation in Symbiotic Contracts PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Commercial Expectations and Cooperation in Symbiotic Contracts PDF full book. Access full book title Commercial Expectations and Cooperation in Symbiotic Contracts by Charles Haward Soper. Download full books in PDF and EPUB format.
Author: Charles Haward Soper Publisher: ISBN: 9780367272111 Category : Contracting out Languages : en Pages : 0
Book Description
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. The possibility of aligning these expectations with the law is considered from the perspective that there is a general duty for parties to cooperate and ensure constructive engagement. The book examines how this might translate into constructive communication, professional governance, genuine attempts to settle issues, a right to fix defects and a duty to take decisions in a fair and rational manner. It argues that statutory adjudication should be extended to all commercial contracts and more ambitious use of available remedies, including those for prevention and cost penalties, would help provide incentives for parties to cooperate more fully. The book will be of interest to academics in the fields of contract law and of contract management, as well as legal and commercial practitioners.
Author: Charles Haward Soper Publisher: ISBN: 9780367272111 Category : Contracting out Languages : en Pages : 0
Book Description
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. The possibility of aligning these expectations with the law is considered from the perspective that there is a general duty for parties to cooperate and ensure constructive engagement. The book examines how this might translate into constructive communication, professional governance, genuine attempts to settle issues, a right to fix defects and a duty to take decisions in a fair and rational manner. It argues that statutory adjudication should be extended to all commercial contracts and more ambitious use of available remedies, including those for prevention and cost penalties, would help provide incentives for parties to cooperate more fully. The book will be of interest to academics in the fields of contract law and of contract management, as well as legal and commercial practitioners.
Author: Professor Fabrizio Cafaggi Publisher: Ashgate Publishing, Ltd. ISBN: 1472421264 Category : Law Languages : en Pages : 619
Book Description
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, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
Author: Lorena Carvajal Arenas Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Nowadays traders are very frequently conducting their businesses in accordance with principles and usages forged in the practice of commerce. This has given rise to an ongoing discussion on the existence of an autonomous third legal order called transnational commercial law or the lex mercatoria. This article looks at the role of good faith in that legal system. As a consequence of the evolution of the law of contracts, the rise of transnational law and of the influence of its prevalent actors - multinational corporations - a cooperative view of contracts has been developed in international trade. This article argues that the rationale of cooperation, as the underlying current of transnational commercial contracts, has prompted a new way of interpreting the principle of good faith: it is understood as cooperation between the parties to a contract. This interpretation of good faith requires the party to take various steps to fulfil the legitimate expectations of the other party. Rather than being imposed by a central authority, such a predominantly voluntary cooperation is assumed by the parties for the common good of everyone involved in the contractual relationship. This notion fits the experience of global trade today to the point that - it will be submitted - good faith is the fulcrum of cooperation in cross-border trade. This proposition will be supported through the analysis of: philosophical doctrines; principles embracing transnational law and international arbitral awards. Furthermore, the development of good faith in some municipal legal systems will be considered; as well as the latest developments of good faith in EU law.
Author: Cerian Griffiths Publisher: Taylor & Francis ISBN: 1000969231 Category : Law Languages : en Pages : 272
Book Description
Modern legal history is increasingly interested in exploring the development of legal systems from novel and nuanced approaches. This edited collection harnesses the lesser-researched perspectives of the impact of global and imperial factors on the development of law. It is argued that to better understand these timely discussions, we must understand the process and significance of colonisation itself. The volume brings together experts in the field of law and history to explore the ways in which law and lawyers contributed to the expansion of the British Empire, and the ways in which the Empire influenced the Metropole. The book sheds new light on the role of the law and legal actors during the pivotal centuries that saw the establishment of the Empire. Exploring such topics as Atlantic relations, the impact of British jurists upon Indian law, and the development of the law settler colonies, this collection reveals some of the lesser-known intersections between law, history, and empire. The book will be of interest to students and researchers in legal history, comparative history, equity and trusts, contract law, the legal profession, slavery, and the British Empire.
Author: Pablo Marcello Baquero Publisher: Bloomsbury Publishing ISBN: 1509929983 Category : Law Languages : en Pages : 240
Book Description
With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Author: Clevenger, Morgan R. Publisher: IGI Global ISBN: 1799845206 Category : Education Languages : en Pages : 471
Book Description
The roles that corporate social responsibility (CSR) and business support of democracy play in American higher education are infrequently discussed, though very important. There are many ethical issues that concern both corporate interests as well as higher education, linking the two more than many would think. It is necessary to understand the environment, inter-organizational relationships, and documents holistically to observe the rich history, pluralistic American societal issues, and relevant milestones between corporate America and higher education. Partnership Motives and Ethics in Corporate Investment in Higher Education provides comprehensive documentation of business and corporate entanglements with higher education. This work discusses the historic journey of funding from business and U.S. corporate engagement in American higher education. Covering topics such as academy-business relationships, philanthropic partnerships, and transactional partnerships, this work is essential for professors, executives, managers, faculty, fundraisers, leaders in higher education, researchers, students, and academicians with interests in CSR, business ethics, and higher education.
Author: John Ravenhill Publisher: Routledge ISBN: 1000309711 Category : Political Science Languages : en Pages : 264
Book Description
Long divided by cultural, economic, and political differences, the Asia-Pacific region has little history of multilateral cooperation. Alliances that once linked individual countries with one or the other superpower fostered deep mistrust among neighbouring states. The end of the Cold War, however, has created new opportunities for multilateral coo
Author: Charles Haward Soper
Author: Charles Haward Soper
Author: Charles Haward Soper
Author: Professor Fabrizio Cafaggi
Author: Lorena Carvajal Arenas
Author: Cerian Griffiths
Author: Gunnar Prause
Author: David L. Wank
Author: Pablo Marcello Baquero
Author: Clevenger, Morgan R.
Author: John Ravenhill