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Author: Mindy Chen-Wishart
Publisher: Oxford University Press
Published: 2018
Total Pages: 634
ISBN-13: 0198808119
DOWNLOAD EBOOKThe Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This second volume examines the formal requirements for contract formation and the rights of third parties.
Author:
Publisher: BRILL
Published: 2008-09-30
Total Pages: 179
ISBN-13: 9047440358
DOWNLOAD EBOOKThrough recent changes in Dutch (1992) and English (1999) private law, contracts for a third-party beneficiary are, in Western Europe, nowadays considered to be effective and enforceable. This concept is, however, incompatible with both the civilian tradition on the continent and the traditional parties-only rule of English common law. The purpose of this study is to show how the problem of the third-party beneficiary was dealt with during the various periods of Western legal thought and to discuss the subject from the perspective of present-day comparative law. The book is of interest not only to legal historians, but also to all who are engaged with present-day private law – scholars, practitioners and advanced students. Contributors include David Ibbetson, Regius Professor of Civil Law at the University of Cambridge, and Hendrik Verhagen, Professor of Private International Law, Comparative Law and Civil Law at the Radboud University Nijmegen, attorney at the firm Clifford Chance Amsterdam, and deputy justice at the Court of Appeal, ’s-Hertogenbosch. Studies in the History of Private Law, vol. 1
Author: Vernon V. Palmer
Publisher: The Lawbook Exchange, Ltd.
Published: 2006
Total Pages: 262
ISBN-13: 1584777206
DOWNLOAD EBOOKPalmer's fascinating study analyzes the ingrained tendency to prevent third party beneficiary actions through a historical account of privity of contract. Chapter I discusses the origins and historical questions surrounding the issue of privity. Chapter II covers the triumph of consideration in the formative period, 1500-1680. Chapter III outlines the expansion in the chancery phase, 1680-1800, and Chapter IV deals with the rise of the parties-only principle at law and equity during the 1800s.
Author: James Thuo Gathii
Publisher:
Published: 2016
Total Pages: 38
ISBN-13:
DOWNLOAD EBOOKThird world citizens -- parties who often have the most to lose in natural resource contracts between their governments and foreign investors -- often have no voice in negotiations of the contracts and consequently have no remedy under contract law when harms occur or when the contracts are not properly enforced. The privity of contracts doctrine, which permits contract suits only by parties to the contract, bars these citizens from suing because they were not in privity with any of the contracting parties, despite that these contracts are generally made for the benefit of these citizens. However, some countries have adopted -- and this Essay argues other countries ought to adopt -- a rule that adequately protects the interests of these third parties: the Third Party Beneficiary Principle.The Third Party Beneficiary Principle permits third parties -- who lack privity -- to sue where the contract was formed for the benefit of such third parties. In the context of natural resource contracts, citizens are the intended third party beneficiaries, and as such should have some legal mechanism by which they can sue under the contract.The Third Party Beneficiary Principle is the best possible solution to current problems. It can supplement the unenforceable methods of reproach currently available to citizens in natural resource contract situations that adversely affects them. Though the Third Party Beneficiary Principle is not perfect in its application, it is the best possible method currently available for permitting citizens to seek legal remedies.
Author: Alan Schwartz
Publisher:
Published: 2015
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKAn increasing trend of economic agents is to form productive associations such as networks, platforms and other hybrids. Subsets of these agents contract with each other to further their network project and these contracts can create benefits for, or impose costs on, agents who are not contract parties. Contract law regulates third party claims against contract parties with the third party beneficiary doctrine, which directs courts to ask whether the contracting parties “intended” to benefit a particular third party. We show here what courts do with third party claims when network members fail to perform for third parties and what the law's best responses to such breaches should be. Among our principal results are that courts honor third party claims when contract members likely can price them and when third parties incur substantial reliance losses, but protect third party interests less frequently than they should and refuse relief when contract members can identify the potential beneficiary class but not every agent who is likely to be in it.
Author: Vernon V. Palmer
Publisher:
Published: 1992
Total Pages: 250
ISBN-13: 9781880921159
DOWNLOAD EBOOKTo find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Author: Mo Zhang
Publisher: BRILL
Published: 2019-12-16
Total Pages: 495
ISBN-13: 9004414789
DOWNLOAD EBOOKChinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Author: Scott J. Burnham
Publisher: John Wiley & Sons
Published: 2011-12-06
Total Pages: 397
ISBN-13: 1118092732
DOWNLOAD EBOOKTake the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more. Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
Published: 2018-01-19
Total Pages: 634
ISBN-13: 0192535641
DOWNLOAD EBOOKStudies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
Author: Richard A. Lord
Publisher:
Published: 2000
Total Pages: 732
ISBN-13:
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