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This new book is designed to introduce the lawyer who is trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written primarily for the lawyer-whether student or practitioner-from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. After a general introduction to the common law system-how a common lawyer reasons and finds the law-the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
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An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements
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Construction contracts --- -Construction contracts --- -Construction contracts -
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Hauptbeschreibung This survey investigates and evaluates the legal framework which an engineer faces when stepping into an ARGE partnership with other planning offices. ARGE, in the German construction industry an established form of partnership, becomes more and more important in acquiring and accomplishing construction projects. The ARGE underlies the regulations of the German Partnership under Civil Law; consequently, the ARGE partners are jointly and individually liable for the contract. Thus the principal of the overall project enjoys fundamental advantages: He reduces his risk should it
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Focusing on all the key issues in international commodity sales including FOB/CIF contracts, import export licences, frustration and risk and damages, this is a comprehensive and detailed work for practitioners.
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