Has The Doctrine Of Unconscionable Conduct A Wider Commercial Application
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Author | : Garth Wooler |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 292 |
Release | : 2018-11-02 |
Genre | : Law |
ISBN | : 1527520900 |
This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.
Author | : Gabriel Moens |
Publisher | : Routledge |
Total Pages | : 458 |
Release | : 2012-11-12 |
Genre | : Business & Economics |
ISBN | : 1136025987 |
The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. It also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School.
Author | : Michael Bryan |
Publisher | : Routledge |
Total Pages | : 334 |
Release | : 2007-03-12 |
Genre | : Law |
ISBN | : 1135391815 |
Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.
Author | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author | : Kenneth Yin |
Publisher | : Cambridge University Press |
Total Pages | : 911 |
Release | : 2020-10-28 |
Genre | : Law |
ISBN | : 1108435270 |
Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather's Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.
Author | : Alex Wan |
Publisher | : Springer Nature |
Total Pages | : 309 |
Release | : |
Genre | : |
ISBN | : 9819770351 |
Author | : Mindy Chen-Wishart |
Publisher | : Oxford University Press |
Total Pages | : 625 |
Release | : 2022-05-30 |
Genre | : Art |
ISBN | : 0192675451 |
Studies 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 IV of Studies in the Contract Laws of Asia deals with factors affecting the validity of contracts (mistake, fraud, misrepresentation, coercion, and unfair exploitation) in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam.Typically, each jurisdiction is covered in two chapters; the first deals with erroneous beliefs, while the second deals with reprehensible conduct of one of the contracting parties.
Author | : Mark Giancaspro |
Publisher | : Cambridge University Press |
Total Pages | : 569 |
Release | : 2023-02-28 |
Genre | : Law |
ISBN | : 1108984673 |
Contemporary Australian Business Law makes key legal concepts accessible to business students, while maintaining academic rigour.
Author | : Gabriel Moens |
Publisher | : Routledge Cavendish |
Total Pages | : 468 |
Release | : 2008 |
Genre | : Foreign trade regulation |
ISBN | : 9780415442459 |
The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. It also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School.
Author | : Rosalind Malcolm |
Publisher | : Concentrate Questions & Answers |
Total Pages | : 276 |
Release | : 2020-08-06 |
Genre | : |
ISBN | : 0198853211 |
Concentrate Q&A Equity and Trusts is part of the Concentrate Q&A series, the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The series offers you better support and a greater chance to succeed on your law course than any of the competitors. 'A sure-fire way to get a 1st class result' (Naomi M, Coventry University) 'My grades have dramatically improved since I started using the OUP Q&A guides' (Glen Sylvester, Bournemouth University) 'These first class answers will transform you into a first class student' (Ali Mohamed, University of Hertfordshire) 'I can't think of better revision support for my study' (Quynh Anh Thi Le, University of Warwick) 'I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer' (Hayden Roach, Bournemouth University) '100% would recommend. Makes you feel like you will pass with flying colours' (Elysia Marie Vaughan, University of Hertfordshire) 'My fellow students rave about this book' (Octavia Knapper, Lancaster University) 'The best Q&A books that I've read; the content is exceptional' (Wendy Chinenye Akaigwe, London Metropolitan University) 'I would not hesitate to recommend this book to a friend' (Blessing Denhere, Coventry University)