Author: Christian Twigg-Flesner
Publisher: Pearson UK
ISBN: 1292251034
Category : Electronic books
Languages : en
Pages : 888
Book Description
"Once more, we were delighted to take on the task of updating this text for its 14th edition, having taken over editorial responsibilities from the late John Adams from the 13th edition. In our preface to the previous edition, we recorded the sudden passing of Professor Adams. Sadly, in this preface, we must note another passing: on 30 March 2018, Patrick Atiyah, who wrote the 1st-8th editions of this book and continues to give the book its name, passed away at the age of 87. Patrick was one of those giants of academic contract law whose contributions continue to be read and to inspire scholars everywhere. We are both mindful of our task to maintain the scholarly rigour which he gave to this book as we take it into the future. This edition is also the first time since the 9th edition without a Scottish editor. Professor Hector MacQueen had been responsible for adding Scottish content since the 10th edition (2001), but decided that he would discontinue this role after the 13th editio n was published in 2016. We are very grateful for Hector's contributions to the work. On the advice of the book's publishers, this edition has been put together without the benefit of a Scottish editor, although we have, of course, continued to take decisions from the Scottish courts into account in updating the various chapters. Since the last edition was published, there have been few major developments in the law on the sale of goods, aside from the difficult ruling by the Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] UKSC 23 (which arrived too late for proper consideration in the previous edition). We have updated the text in light of recent cases and academic writings where appropriate. Furthermore, we have continued our task of streamlining the running order of the chapters, and we have sought to make gentle updates to the language of the book, preserving its rigour but ensuring it remains accessible to a contemporary audience. In some instances, we have ^curtailed or removed altogether the detailed discussion of the pre-1994 case-law which had become redundant as a result of the changes made to the Sale of Goods Act at that time. The rise of digital technology and new business models in the digital economy will invariably have an impact on the law concerning the sale of goods, but at this point, the real impact is not yet known. In some places, we have alluded to the possible significance of digital technology, and this could well become a more significant theme in future editions"--
Atiyah and Adams' Sale of Goods
Author: Christian Twigg-Flesner
Publisher: Pearson UK
ISBN: 1292251034
Category : Electronic books
Languages : en
Pages : 888
Book Description
"Once more, we were delighted to take on the task of updating this text for its 14th edition, having taken over editorial responsibilities from the late John Adams from the 13th edition. In our preface to the previous edition, we recorded the sudden passing of Professor Adams. Sadly, in this preface, we must note another passing: on 30 March 2018, Patrick Atiyah, who wrote the 1st-8th editions of this book and continues to give the book its name, passed away at the age of 87. Patrick was one of those giants of academic contract law whose contributions continue to be read and to inspire scholars everywhere. We are both mindful of our task to maintain the scholarly rigour which he gave to this book as we take it into the future. This edition is also the first time since the 9th edition without a Scottish editor. Professor Hector MacQueen had been responsible for adding Scottish content since the 10th edition (2001), but decided that he would discontinue this role after the 13th editio n was published in 2016. We are very grateful for Hector's contributions to the work. On the advice of the book's publishers, this edition has been put together without the benefit of a Scottish editor, although we have, of course, continued to take decisions from the Scottish courts into account in updating the various chapters. Since the last edition was published, there have been few major developments in the law on the sale of goods, aside from the difficult ruling by the Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] UKSC 23 (which arrived too late for proper consideration in the previous edition). We have updated the text in light of recent cases and academic writings where appropriate. Furthermore, we have continued our task of streamlining the running order of the chapters, and we have sought to make gentle updates to the language of the book, preserving its rigour but ensuring it remains accessible to a contemporary audience. In some instances, we have ^curtailed or removed altogether the detailed discussion of the pre-1994 case-law which had become redundant as a result of the changes made to the Sale of Goods Act at that time. The rise of digital technology and new business models in the digital economy will invariably have an impact on the law concerning the sale of goods, but at this point, the real impact is not yet known. In some places, we have alluded to the possible significance of digital technology, and this could well become a more significant theme in future editions"--
Publisher: Pearson UK
ISBN: 1292251034
Category : Electronic books
Languages : en
Pages : 888
Book Description
"Once more, we were delighted to take on the task of updating this text for its 14th edition, having taken over editorial responsibilities from the late John Adams from the 13th edition. In our preface to the previous edition, we recorded the sudden passing of Professor Adams. Sadly, in this preface, we must note another passing: on 30 March 2018, Patrick Atiyah, who wrote the 1st-8th editions of this book and continues to give the book its name, passed away at the age of 87. Patrick was one of those giants of academic contract law whose contributions continue to be read and to inspire scholars everywhere. We are both mindful of our task to maintain the scholarly rigour which he gave to this book as we take it into the future. This edition is also the first time since the 9th edition without a Scottish editor. Professor Hector MacQueen had been responsible for adding Scottish content since the 10th edition (2001), but decided that he would discontinue this role after the 13th editio n was published in 2016. We are very grateful for Hector's contributions to the work. On the advice of the book's publishers, this edition has been put together without the benefit of a Scottish editor, although we have, of course, continued to take decisions from the Scottish courts into account in updating the various chapters. Since the last edition was published, there have been few major developments in the law on the sale of goods, aside from the difficult ruling by the Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] UKSC 23 (which arrived too late for proper consideration in the previous edition). We have updated the text in light of recent cases and academic writings where appropriate. Furthermore, we have continued our task of streamlining the running order of the chapters, and we have sought to make gentle updates to the language of the book, preserving its rigour but ensuring it remains accessible to a contemporary audience. In some instances, we have ^curtailed or removed altogether the detailed discussion of the pre-1994 case-law which had become redundant as a result of the changes made to the Sale of Goods Act at that time. The rise of digital technology and new business models in the digital economy will invariably have an impact on the law concerning the sale of goods, but at this point, the real impact is not yet known. In some places, we have alluded to the possible significance of digital technology, and this could well become a more significant theme in future editions"--
Buyers Remedies in International Sales Law
Author: Reza Beheshti
Publisher: Bloomsbury Publishing
ISBN: 1509940472
Category : Law
Languages : en
Pages : 266
Book Description
An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.
Publisher: Bloomsbury Publishing
ISBN: 1509940472
Category : Law
Languages : en
Pages : 266
Book Description
An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.
Atiyah's Sale of Goods
Author: Patrick Selim Atiyah
Publisher: Pearson Education
ISBN: 9781405859530
Category : Business & Economics
Languages : en
Pages : 628
Book Description
Authoritative, influential yet accessible to students this textbook addresses one of the most important aspects of commercial law. Its enduring role as the definitive guide to the law surrounding the sale of goods cements its position as the market leading text for undergraduate and postgraduate students alike. Uniquely, key differences between Scots and English law in this area are highlighted throughout equipping the reader with a thorough understanding of the regulatory regimes governing the sale of goods in both jurisdictions.
Publisher: Pearson Education
ISBN: 9781405859530
Category : Business & Economics
Languages : en
Pages : 628
Book Description
Authoritative, influential yet accessible to students this textbook addresses one of the most important aspects of commercial law. Its enduring role as the definitive guide to the law surrounding the sale of goods cements its position as the market leading text for undergraduate and postgraduate students alike. Uniquely, key differences between Scots and English law in this area are highlighted throughout equipping the reader with a thorough understanding of the regulatory regimes governing the sale of goods in both jurisdictions.
Engineering Contracts
Author: ROBERT RIBEIRO
Publisher: Butterworth-Heinemann
ISBN: 0080530990
Category : Business & Economics
Languages : en
Pages : 205
Book Description
Engineering Contracts is intended for those who wish to acquire skills in drafting, negotiating and working with commercial and engineering contracts. It aims to bring a different approach to the subject; combining the traditional legal perspective of the law of contract with the needs of the commercial manager or engineer who is seeking solutions to technical and commercial problems.The context within which these matters are examined is as wide as possible; for the purposes of illustration cases are drawn from the fields of mechanical, electrical, chemical, electronic and civil engineering, as well as from construction and building contracts. In many cases the important points are common to all disciplines, for instance the importance of ensuring that what has been specified is what is delivered by a supplier, and that any such delivery or indeed any event critical to the timely conclusion of a project takes place when arranged.There is advice on how to the concepts broached relate to real-life requirements and the reader will benefit from the helpful 'Legal Questions Answered' section that is included in most chapters. In addition there is a summary guide to drafting an engineering contract, a section on the relevant statutes and other legislation in force, and a list of the engineering institutions and their standard forms of contract. Case-studies of genuine and practical origin from the author's wide-ranging experience in industrial practice complete this comprehensive treatment of the subject matter.
Publisher: Butterworth-Heinemann
ISBN: 0080530990
Category : Business & Economics
Languages : en
Pages : 205
Book Description
Engineering Contracts is intended for those who wish to acquire skills in drafting, negotiating and working with commercial and engineering contracts. It aims to bring a different approach to the subject; combining the traditional legal perspective of the law of contract with the needs of the commercial manager or engineer who is seeking solutions to technical and commercial problems.The context within which these matters are examined is as wide as possible; for the purposes of illustration cases are drawn from the fields of mechanical, electrical, chemical, electronic and civil engineering, as well as from construction and building contracts. In many cases the important points are common to all disciplines, for instance the importance of ensuring that what has been specified is what is delivered by a supplier, and that any such delivery or indeed any event critical to the timely conclusion of a project takes place when arranged.There is advice on how to the concepts broached relate to real-life requirements and the reader will benefit from the helpful 'Legal Questions Answered' section that is included in most chapters. In addition there is a summary guide to drafting an engineering contract, a section on the relevant statutes and other legislation in force, and a list of the engineering institutions and their standard forms of contract. Case-studies of genuine and practical origin from the author's wide-ranging experience in industrial practice complete this comprehensive treatment of the subject matter.
An Introduction to the Law of Contract
Author: P. S. Atiyah
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 528
Book Description
Substantially revised and updated, this edition reexamines, in the light of renewed support for the ideology of freedom of contract, many of the arguments formerly levelled against this concept.
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 528
Book Description
Substantially revised and updated, this edition reexamines, in the light of renewed support for the ideology of freedom of contract, many of the arguments formerly levelled against this concept.
Thinking Like a Lawyer
Author: Frederick F. Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Category : Law
Languages : en
Pages : 256
Book Description
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Publisher: Harvard University Press
ISBN: 0674032705
Category : Law
Languages : en
Pages : 256
Book Description
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Treasury's War
Author: Juan Zarate
Publisher: PublicAffairs
ISBN: 1610391160
Category : Political Science
Languages : en
Pages : 375
Book Description
For more than a decade, America has been waging a new kind of war against the financial networks of rogue regimes, proliferators, terrorist groups, and criminal syndicates. Juan Zarate, a chief architect of modern financial warfare and a former senior Treasury and White House official, pulls back the curtain on this shadowy world. In this gripping story, he explains in unprecedented detail how a small, dedicated group of officials redefined the Treasury's role and used its unique powers, relationships, and reputation to apply financial pressure against America's enemies. This group unleashed a new brand of financial power -- one that leveraged the private sector and banks directly to isolate rogues from the international financial system. By harnessing the forces of globalization and the centrality of the American market and dollar, Treasury developed a new way of undermining America's foes. Treasury and its tools soon became, and remain, critical in the most vital geopolitical challenges facing the United States, including terrorism, nuclear proliferation, and the regimes in Iran, North Korea, and Syria. This book is the definitive account, by an unparalleled expert, of how financial warfare has taken pride of place in American foreign policy and how America's competitors and enemies are now learning to use this type of power themselves. This is the unique story of the United States' financial war campaigns and the contours and uses of financial power, and of the warfare to come.
Publisher: PublicAffairs
ISBN: 1610391160
Category : Political Science
Languages : en
Pages : 375
Book Description
For more than a decade, America has been waging a new kind of war against the financial networks of rogue regimes, proliferators, terrorist groups, and criminal syndicates. Juan Zarate, a chief architect of modern financial warfare and a former senior Treasury and White House official, pulls back the curtain on this shadowy world. In this gripping story, he explains in unprecedented detail how a small, dedicated group of officials redefined the Treasury's role and used its unique powers, relationships, and reputation to apply financial pressure against America's enemies. This group unleashed a new brand of financial power -- one that leveraged the private sector and banks directly to isolate rogues from the international financial system. By harnessing the forces of globalization and the centrality of the American market and dollar, Treasury developed a new way of undermining America's foes. Treasury and its tools soon became, and remain, critical in the most vital geopolitical challenges facing the United States, including terrorism, nuclear proliferation, and the regimes in Iran, North Korea, and Syria. This book is the definitive account, by an unparalleled expert, of how financial warfare has taken pride of place in American foreign policy and how America's competitors and enemies are now learning to use this type of power themselves. This is the unique story of the United States' financial war campaigns and the contours and uses of financial power, and of the warfare to come.
Goode and McKendrick on Commercial Law
Author: Roy Goode
Publisher: Penguin UK
ISBN: 0141998563
Category : Law
Languages : en
Pages : 1632
Book Description
The sixth edition of the authoritative and acclaimed commercial law text 'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions. 'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review 'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal 'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business 'A veritable tour de force' Business Law Review
Publisher: Penguin UK
ISBN: 0141998563
Category : Law
Languages : en
Pages : 1632
Book Description
The sixth edition of the authoritative and acclaimed commercial law text 'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions. 'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review 'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal 'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business 'A veritable tour de force' Business Law Review
Reading Law
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Theory as History
Author: Jairus Banaji
Publisher: BRILL
ISBN: 9004183728
Category : Political Science
Languages : en
Pages : 426
Book Description
Winner of the 2011 Isaac and Tamara Deutscher Memorial Prize. The essays collected here straddle four decades of work in both historiography and Marxist theory, combining source-based historical work in a wide range of languages with sophisticated discussion of Marx's categories. Key themes include the distinctions that are crucial to restoring complexity to the Marxist notion of a 'mode of production'; the emergence of medieval relations of production; the origins of capitalism; the dichotomy between free and unfree labour; and essays in agrarian history that range widely from Byzantine Egypt to 19th-century colonialism. The essays demonstrate the importance of reintegrating theory with history and of bringing history back into historical materialism. An introductory chapter ties the collection together and shows how historical materialists can develop an alternative to Marx's 'Asiatic mode of production'.
Publisher: BRILL
ISBN: 9004183728
Category : Political Science
Languages : en
Pages : 426
Book Description
Winner of the 2011 Isaac and Tamara Deutscher Memorial Prize. The essays collected here straddle four decades of work in both historiography and Marxist theory, combining source-based historical work in a wide range of languages with sophisticated discussion of Marx's categories. Key themes include the distinctions that are crucial to restoring complexity to the Marxist notion of a 'mode of production'; the emergence of medieval relations of production; the origins of capitalism; the dichotomy between free and unfree labour; and essays in agrarian history that range widely from Byzantine Egypt to 19th-century colonialism. The essays demonstrate the importance of reintegrating theory with history and of bringing history back into historical materialism. An introductory chapter ties the collection together and shows how historical materialists can develop an alternative to Marx's 'Asiatic mode of production'.