Commercial Contracts: A Practical Guide to Standard Terms
Commercial Contracts: A Practical Guide to Standard Terms

Author: Saleem Sheikh

Publisher: Bloomsbury Publishing

Published: 2020-01-15

Total Pages: 561

ISBN-13: 1526508354

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Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents

Control of Price Related Terms in Standard Form Contracts
Control of Price Related Terms in Standard Form Contracts

Author: Yeşim M. Atamer

Publisher: Springer Nature

Published: 2019-11-19

Total Pages: 772

ISBN-13: 3030230570

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This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

Standards for Internal Control in the Federal Government
Standards for Internal Control in the Federal Government

Author: United States Government Accountability Office

Publisher: Lulu.com

Published: 2019-03-24

Total Pages: 88

ISBN-13: 0359541828

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Policymakers and program managers are continually seeking ways to improve accountability in achieving an entity's mission. A key factor in improving accountability in achieving an entity's mission is to implement an effective internal control system. An effective internal control system helps an entity adapt to shifting environments, evolving demands, changing risks, and new priorities. As programs change and entities strive to improve operational processes and implement new technology, management continually evaluates its internal control system so that it is effective and updated when necessary. Section 3512 (c) and (d) of Title 31 of the United States Code (commonly known as the Federal Managers' Financial Integrity Act (FMFIA)) requires the Comptroller General to issue standards for internal control in the federal government.

Glossary of Key Information Security Terms
Glossary of Key Information Security Terms

Author: Richard Kissel

Publisher: DIANE Publishing

Published: 2011-05

Total Pages: 211

ISBN-13: 1437980090

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This glossary provides a central resource of definitions most commonly used in Nat. Institute of Standards and Technology (NIST) information security publications and in the Committee for National Security Systems (CNSS) information assurance publications. Each entry in the glossary points to one or more source NIST publications, and/or CNSSI-4009, and/or supplemental sources where appropriate. This is a print on demand edition of an important, hard-to-find publication.

Comparative Contract Law
Comparative Contract Law

Author: Larry A. DiMatteo

Publisher: Oxford University Press

Published: 2016

Total Pages: 513

ISBN-13: 0198728735

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Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Government Auditing Standards - 2018 Revision
Government Auditing Standards - 2018 Revision

Author: United States Government Accountability Office

Publisher: Lulu.com

Published: 2019-03-24

Total Pages: 234

ISBN-13: 0359536395

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Audits provide essential accountability and transparency over government programs. Given the current challenges facing governments and their programs, the oversight provided through auditing is more critical than ever. Government auditing provides the objective analysis and information needed to make the decisions necessary to help create a better future. The professional standards presented in this 2018 revision of Government Auditing Standards (known as the Yellow Book) provide a framework for performing high-quality audit work with competence, integrity, objectivity, and independence to provide accountability and to help improve government operations and services. These standards, commonly referred to as generally accepted government auditing standards (GAGAS), provide the foundation for government auditors to lead by example in the areas of independence, transparency, accountability, and quality through the audit process. This revision contains major changes from, and supersedes, the 2011 revision.

Neuroanatomical Terminology
Neuroanatomical Terminology

Author: Larry Swanson

Publisher: Oxford University Press

Published: 2014-07-15

Total Pages: 1069

ISBN-13: 0190211466

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Human brain imaging, connectomics, network analysis, and neuroinformatics are just some of the important current arenas in neuroscience addressed here. The book solves a fundamental problem by supplying the first global, historically documented, hierarchically organized human nervous system parts list. This defined vocabulary accurately and systematically describes every human nervous system structural feature that can be observed with current imaging methods, and provides an extendible framework for describing accurately the nervous system in all animals including invertebrates and vertebrates alike. Research for the book began in the late 1990s when the lack of a systematic vocabulary for neuroanatomy became a critical problem in developing databases and online knowledge management systems for the NIH Human Brain Project (1995-2005), which grew out of the Institute of Medicine's Committee on a National Neural Circuitry Database (1989). One outcome of this research was the publication with Mihail Bota in 2011 of a Foundational Model of Connectivity. It provides the conceptual framework for this book, which is divided into three main parts. The first consists of four chapters discussing the rationale behind the Lexicon of nervous system parts, historical trends in the evolution of neuroanatomical concepts and nomenclature, the development of hierarchical nomenclature tables, and practical notes on using the Lexicon. The second part is the Lexicon itself, with separate entries for 1,381 standard terms. Each standard term has a textual definition including the method used for identification, age, sex, and species to which it applies, and a citation to the first use of the term as so defined. Each entry also has, where appropriate, chronological lists of nonstandard terms (10,928 in all): translations, alternate spellings, earlier delineations before naming, earlier synonyms, later synonyms, and partly corresponding terms. The third part is a set of 10 hierarchical nomenclature tables of nervous system standard terms.

The Project Manager's Guide to Purchasing
The Project Manager's Guide to Purchasing

Author: Garth Ward

Publisher: CRC Press

Published: 2016-02-24

Total Pages: 233

ISBN-13: 1317018885

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This very practical guide describes the whole process of contracting for goods and services, from selecting tenderers to placing a contract. It details the key topics that are necessary for success, such as contract strategy, contract types, contract law and evaluating tenders. Whilst the book also addresses the project context in which purchasing takes place, the subject matter could equally be applied to any business context. The treatment of the subject assumes no prior knowledge but, at the same time, provides the experienced person with new, and sometimes unconventional, insights into the subject. The book includes personal experiences, cases and exercises in order to root the subject into the real world. The Project Manager's Guide to Purchasing has been structured so that the reader can choose the chapter topic areas that they wish to study in isolation. Where necessary references are provided to complement the individual chapters. Illustrations of key documents in the purchasing and contracting process are also provided.

Oxford English Dictionary
Oxford English Dictionary

Author: John A. Simpson

Publisher: Oxford University Press

Published: 2002-04-18

Total Pages:

ISBN-13: 9780195218893

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The Oxford English Dictionary is the internationally recognized authority on the evolution of the English language from 1150 to the present day. The Dictionary defines over 500,000 words, making it an unsurpassed guide to the meaning, pronunciation, and history of the English language. This new upgrade version of The Oxford English Dictionary Second Edition on CD-ROM offers unparalleled access to the world's most important reference work for the English language. The text of this version has been augmented with the inclusion of the Oxford English Dictionary Additions Series (Volumes 1-3), published in 1993 and 1997, the Bibliography to the Second Edition, and other ancillary material. System requirements: PC with minimum 200 MHz Pentium-class processor; 32 MB RAM (64 MB recommended); 16-speed CD-ROM drive (32-speed recommended); Windows 95, 98, Me, NT, 200, or XP (Local administrator rights are required to install and open the OED for the first time on a PC running Windows NT 4 and to install and run the OED on Windows 2000 and XP); 1.1 GB hard disk space to run the OED from the CD-ROM and 1.7 GB to install the CD-ROM to the hard disk: SVGA monitor: 800 x 600 pixels: 16-bit (64k, high color) setting recommended. Please note: for the upgrade, installation requires the use of the OED CD-ROM v2.0.