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Contracts --- -Contracts --- -Contracts -
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New material in this edition includes 12 Supreme Court cases, more than 15 decisions of the Court of Appeal, and a number of significant High Court decisions. The new cases include FSHC Group Holdings Ltd v Glas Trust Corp Ltd [2019] (the (subjective) test for rectification); Times Travel (UK) Ltd v Pakistan International Airlines Corp [2019] ('lawful act' duress); First Tower Trustees Ltd v CDS (Superstores International) Ltd [2018] (no representation and no reliance clauses); Sheikh Tahnoon Al Nehayan v Kent [2018] and Bates v Post Office [2019] (both on an implied term of good faith); and Wood v Capita Insurance Services Ltd [2017] (interpretation).Substantially redeveloped coverage of illegality following the new approach laid down by the Supreme Court in Patel v Mirza [2016]; coverage also takes into account the Court of Appeal's decision in Okedina v Chikale [2019] (no statutory illegality defence) and the Supreme Court's decision in Tillman v Egon Zehnder Ltd [2019] (severance in the context of contracts in restraint of trade)A new section on no oral variation clauses has been included in the chapter on form to cover the Supreme Courts decision in MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018]; and a new section on negotiating damages has been included in the chapter on damages to cover the Supreme Court's decision in Morris-Garner v One Step (Support) Ltd [2018]
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Thi spaper is concerned with the risk-allocation effects of alternative types of contracts used to set the price of a good tobe delivered in the future. Under a fixed price contract, the price is specified in advance. Under a spot price contract, the price is the price prevailing in the spot market at the time of delivery.These contract forms are examined in the context of a market in which sellers have uncertain production costs and buyers have uncertain valuations. The paper derives and interprets a general condition determining which contract form would be preferred when the seller and/or the buyer is risk averse. In addition, an example is provided in which a spot price contract with a floor price is superior both to a "pure" spot price contract and a fixed price contract.
Contracts. --- Prices --- Mathematical models.
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Defense contracts --- Prices --- Government policy
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