Penalties and Liquidated Damages Clauses in England and Ireland
Author: Kevin Hoy
Publisher:
Published: 1996
Total Pages:
ISBN-13:
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Guide to Penalty and Liquidated Damages Clauses
Author:
Publisher:
Published: 1990
Total Pages: 68
ISBN-13:
DOWNLOAD EBOOKLiquidated Damages and Penalty Clauses
Author: Roger Halson
Publisher:
Published: 2018
Total Pages: 212
ISBN-13: 9780191859694
DOWNLOAD EBOOKThis book focuses on liquidated damages and penalty clauses, and analyses the common law jurisdiction to control stipulated damages clauses, as well as the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part of the book examines the historical origin of the control of these clauses; the second part describes the current control of such clauses and their legal effect, while the third part of the book critically examines the various rationales that have been proposed to justify their regulation. The final part of the book describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule. The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings.
Agreed Sums Payable Upon Breach of an Obligation
Author: Pascal Hachem
Publisher:
Published: 2011
Total Pages: 0
ISBN-13: 9789490947040
DOWNLOAD EBOOKUnique in its breadth, this book undertakes a comparative analysis of the ways in which legal systems in all regions of the world deal with agreed sums payable upon breach of an obligation. The book shows divergences and convergences and indicates trends as to the future development of the law. It also deals with the treatment of agreed sums under the 1980 UN Convention on Contracts for the International Sale of Goods (CISG), offering the first comprehensive solution to this issue based on comparative analysis. For practitioners as well as researchers, this book is a valuable source of information and offers suggestions for solutions to current and future issues.
Liquidated Damages and Penalties
Author: Law Reform Commission of Victoria
Publisher:
Published: 1988
Total Pages: 20
ISBN-13:
DOWNLOAD EBOOKContract Law in Ireland
Author: Robert Clark
Publisher:
Published: 2016-09-30
Total Pages: 836
ISBN-13: 9780414056367
DOWNLOAD EBOOKThe eight edition of this bestselling Irish Contract Law text includes a number of important, and landmark, legislative changes that have taken place since the last edition, for example the Assisted Decision-Making (Capacity) Act from late 2015 and many more. Also included in this edition are developments in case law from Irish jurisdictions as well as England and Wales and elsewhere in the Commonwealth. The important doctrinal shifts marked in the previous edition on the convergence of principles that govern Judicial Review in public law and their influence over performance of private law obligations has continued to mark the emergence of good faith standards in the interpretation of promises that, at first, look to be void for uncertainty. There have been similar developments on good faith in regard to the performance of contracts. Changes in the fortunes of Lord Hoffmann's views on principles governing contractual interpretation and implied terms are traced and it will be interesting to see how the Irish courts will respond to such events. The final appellate courts in the United Kingdom, Australia and Ireland have provided important decisions relating to statutory illegality, serving to make the law in all three jurisdictions more responsive to the imperatives that lie behind the statute in question. Recent case law from Ireland, England and Wales, Australia and New Zealand continues to develop the law on promissory estoppel in a contractual setting. Chapter 19, the law relating to damages following on from a breach of contract, has been expanded to take account of added complexities, the uncertainty surrounding the date of breach rule, and some hints about remoteness and consequential loss. Other areas include compensation for non-pecuniary loss, contributory negligence and penalty/liquidated damages clauses. Professor Clark provides a convenient and reliable guide to Irish Contract Law, as located in the context of the English (and Irish) common law tradition
Drafting International Contracts
Author: Marcel Fontaine
Publisher: BRILL
Published: 2009
Total Pages: 675
ISBN-13: 9004176799
DOWNLOAD EBOOKDrafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Liquidated Damages and Penalty Clauses
Author: Roger Halson
Publisher: Oxford University Press, USA
Published: 2018-03-08
Total Pages: 240
ISBN-13: 9780198785132
DOWNLOAD EBOOKThis, the only book in print to focus on liquidated damages and penalty clauses, analyses the common law jurisdiction to control stipulated damages clauses, and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part examines the historical origin of the control of these clauses, the second describes the current control of such clauses and their legal effect, the third critically examines the various rationales that have been proposed to justify their regulation and the final part describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule. The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings.
Commercial Remedies: Resolving Controversies
Author: Graham Virgo
Publisher: Cambridge University Press
Published: 2017-08-24
Total Pages: 625
ISBN-13: 1316764559
DOWNLOAD EBOOKThe law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Remedies in Construction Law
Author: Roger ter Haar
Publisher: Taylor & Francis
Published: 2017-06-14
Total Pages: 485
ISBN-13: 1317194950
DOWNLOAD EBOOKRemedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
