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Author: Peng Guo Publisher: Springer Nature ISBN: 9811655138 Category : Law Languages : en Pages : 198
Book Description
This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Author: Peng Guo Publisher: Springer Nature ISBN: 9811655138 Category : Law Languages : en Pages : 198
Book Description
This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Author: United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade Publisher: ISBN: Category : Duty-free importation Languages : en Pages : 288
Author: Claude Ménard Publisher: Springer Science & Business Media ISBN: 354069305X Category : Business & Economics Languages : en Pages : 875
Book Description
New Institutional Economics (NIE) has skyrocketed in scope and influence over the last three decades. This first Handbook of NIE provides a unique and timely overview of recent developments and broad orientations. Contributions analyse the domain and perspectives of NIE; sections on legal institutions, political institutions, transaction cost economics, governance, contracting, institutional change, and more capture NIE's interdisciplinary nature. This Handbook will be of interest to economists, political scientists, legal scholars, management specialists, sociologists, and others wishing to learn more about this important subject and gain insight into progress made by institutionalists from other disciplines. This compendium of analyses by some of the foremost NIE specialists, including Ronald Coase, Douglass North, Elinor Ostrom, and Oliver Williamson, gives students and new researchers an introduction to the topic and offers established scholars a reference book for their research.
Author: Michael Klausner Publisher: Harvard University Press ISBN: 0674296893 Category : Business & Economics Languages : en Pages : 177
Book Description
Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side. Business transactions take widely varying forms—from multibillion-dollar corporate mergers to patent licenses to the signing of an all-star quarterback. Yet every deal shares the same goal, or at least should: to maximize the joint value created and to distribute that value among the parties. Building on decades of experience teaching and advising on business deals, Michael Klausner and Guhan Subramanian show how to accomplish this goal through rigorous attention to designing incentives, conveying information, and specifying parties’ rights and obligations. Deals captures the range of real-life transactional complexities with case studies covering Microsoft’s acquisition of LinkedIn, Scarlett Johansson’s contract dispute with Disney over the release of Black Widow, litigation surrounding LVMH’s pandemic-disrupted acquisition of Tiffany, the feud between George Norcross and Lewis Katz over ownership of the Philadelphia Inquirer, NBC/Viacom’s negotiation with Paramount over the final three seasons of Frasier, and many more. In clear, concise terms, Klausner and Subramanian establish the basic framework of negotiation and the economic concepts that must be addressed in order to maximize value. They show how to tackle challenges, such as information asymmetry between buyer and seller, moral hazard, and opportunistic behavior. And the authors lay out responses to common risks associated with long-term contracts, emphasizing that a deal’s exit rights should be carefully considered at the start of transaction design. Unique in its practical application of economic theory to actual dealmaking, this book will be an indispensable resource for students and for professionals across the business and legal world.
Author: Jaakko Paasi Publisher: World Scientific ISBN: 1848168918 Category : Business & Economics Languages : en Pages : 236
Book Description
Bazaar of Opportunities for New Business Development goes beyond the paradigm of open innovation and underlines the variety of opportunities that firms may have in innovation and new business development with external actors. This book shows readers that firms can interact, innovate, and do business with different known and unknown actors, both formally and informally, and use different levels of openness within interorganizational innovation processes. External actors, however, also mean additional risks for the firm that they should manage. The subtitle of book, Bridging Networked Innovation, Intellectual Property and Business, addresses the guidance and perspectives that the book will provide in order to better prepare the reader for innovation with external actors.Bazaar of Opportunities has a multidisciplinary approach to the subject, bringing innovation, business, legal and network management perspectives together. The findings are based on state-of-the-art practices of innovative firms in Europe, empirical data collected through interviews and case studies. Through this multidisciplinary approach and the empirical findings, the reader may gain insight on how to be successful in open and networked innovation.
Author: Peng Guo
Author: Peng Guo
Author: United States. Federal Trade Commission
Author: 
Author: United States. Bureau of Mines
Author: United States. Congress. House. Committee on Ways and Means
Author: United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade
Author: Claude Ménard
Author: 
Author: Michael Klausner
Author: Jaakko Paasi