Contract Formation

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Key Case Law Rules for Government Contract Formation

Key Case Law Rules for Government Contract Formation Pdf/ePub eBook Author: ,
Editor: Berrett-Koehler Publishers
ISBN: 1567264506
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Key Case Law Rules for Government Contract Formation by , Summary

Go Beyond the FAR! The guidance contained in the almost 2000 pages of the Federal Acquisition Regulation and the various agency supplements are just a part of the resources government acquisition professionals need to do their jobs effectively. Accessing and understanding case law is equally important to a thorough understanding of government contracting. Legal decisions explain the Government Accountability Office's and the courts' views on how procurement statutes and regulations apply in a wide range of situations. Case law also gives potential bid protesters and agencies a way to gauge the likely outcome of a protest. Until now, it has been difficult to find and understand the legal decisions that could be relevant to a particular situation. Key Case Law Rules for Government Contract Formation changes that by organizing and explaining the most important protest grounds in a readily accessible and comprehensible way. With an emphasis on more recent cases, the book is organized around the key protest grounds, such as pricing issues, allegations that the government wrongfully prevented competition, or improper sealed-bidding procedures. Bridging the gap of understanding between the legal and the contracting communities, this book is a much-needed addition to the essential resources for acquisition professionals.

The Formation of Contract

The Formation of Contract Pdf/ePub eBook Author: Reiner Schulze,Pilar Perales Viscasillas
Editor: Nomos Verlag
ISBN: 3845272031
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The Formation of Contract by Reiner Schulze,Pilar Perales Viscasillas Summary

Der Band dokumentiert eine deutsch-spanische Fachtagung über moderne Entwicklungen im Recht des Vertragsschlusses. Das Werk ist Teil der Reihe Europäisches Privatrecht, Band 46.

Commentaries on European Contract Laws

Commentaries on European Contract Laws Pdf/ePub eBook Author: Nils Jansen,Reinhard Zimmermann
Editor: Oxford University Press
ISBN: 0192508008
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Commentaries on European Contract Laws by Nils Jansen,Reinhard Zimmermann Summary

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Siegel's Contracts

Siegel's Contracts Pdf/ePub eBook Author: Brian N. Siegel,Bruce M. Price
Editor: Wolters Kluwer
ISBN: 1454827718
FileSize: 460kb
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Siegel's Contracts by Brian N. Siegel,Bruce M. Price Summary

A proven resource for high performance, the Siegel’s series keeps you focused on the only thing that matters – the exam. The Siegel’s series relies on a powerful Q&A format, featuring multiple-choice questions at varying levels of difficulty, as well as essay questions to give you practice issue-spotting and analyzing the law. Answers to multiple-choice questions explain why one choice is correct as well as why the other choices are wrong, to ensure complete understanding. An entire chapter is devoted to teaching you how to prepare effectively for essay exams. The chapter provides instruction, advice, and exam-taking tips that help you make the most of your study time. A wonderful resource for practice in answering the types of questions your professor will ask on your exam, the Siegel’s Series will prove valuable in the days or weeks leading up to your final. Features: Exposing you to the types of questions your professor will ask on the exam, Siegel’s will prove valuable in the days or weeks leading up to your final. A great number of questions at the appropriate level of difficulty—20 to 30 essay Q&As and 90 to 100 multiple-choice Q&As—provide opportunity for you to practice spotting issues as you apply your knowledge of the law. Essay questions give you solid practice writing concise essay answers, and the model answers allow you to check your work. An entire chapter is devoted to preparing for essay exams. In checking your answers to multiple-choice questions, you can figure out where you may have erred: Answers explain why one choice is correct and the other choices are wrong. To help you learn to make the most of your study time, the introductory chapter gives instruction, advice, and tips for preparing for and taking essay exams . The table of contents helps you prepare for exams by clearly outlining the topics tested in each Essay question. In addition, you can locate questions covering topics you’re having difficulty with by checking the index. Revised by law school professors, the Siegel’s Series is updated on a regular basis.

Contract Law For Dummies

Contract Law For Dummies Pdf/ePub eBook Author: Scott J. Burnham
Editor: John Wiley & Sons
ISBN: 1118195558
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Contract Law For Dummies by Scott J. Burnham Summary

Take the mumbo jumbo out of contract law and ace your contractscourse Contract law deals with the promises and agreements that lawwill enforce. Understanding contract law is vital for all aspiringlawyers and paralegals, and contracts courses are foundationalcourses within all law schools. Contract Law For Dummiestracks to a typical contracts course and assists you inunderstanding the foundational legal rules controlling voluntaryagreements people enter into while conducting their personal andbusiness affairs. Suitable as a supplement to introductory andadvanced courses in contract law, Contract Law For Dummiesgives you plain-English explanations of confusing terminology andaids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everythingyou need to know to score your highest in a typical contractscourse. You'll get coverage of contract formation; contractdefenses; contract theory and legality; agreement, consideration,restitution, and promissory estoppel; fraud and remedies;performance and breach; electronic contracts and signatures; andmuch more. Tracks to a typical contracts course Plain-English explanations demystify intimidatinginformation Clear, practical information helps you interpret and understandcases and statutes If you're enrolled in a contracts course or work in a professionthat requires you to be up-to-speed on the subject, Contract LawFor Dummies has you covered.

Foundations of Economic Analysis of Law

Foundations of Economic Analysis of Law Pdf/ePub eBook Author: Steven Shavell
Editor: Harvard University Press
ISBN: 0674043499
FileSize: 1962kb
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Foundations of Economic Analysis of Law by Steven Shavell Summary

In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Towards a European Contract Law

Towards a European Contract Law Pdf/ePub eBook Author: Reiner Schulze,Jules Stuyck
Editor: Walter de Gruyter
ISBN: 3866539541
FileSize: 1985kb
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Towards a European Contract Law by Reiner Schulze,Jules Stuyck Summary

Law, Policy and the Internet

Law, Policy and the Internet Pdf/ePub eBook Author: Lilian Edwards
Editor: Bloomsbury Publishing
ISBN: 1509900926
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Law, Policy and the Internet by Lilian Edwards Summary

This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.

Contract Law in Electronic Commerce

Contract Law in Electronic Commerce Pdf/ePub eBook Author: Ralf Holthöfer
ISBN: 383243061X
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Contract Law in Electronic Commerce by Ralf Holthöfer Summary

Inhaltsangabe:Abstract: This paper was written during my studies at Georgia State University, Atlanta in Fall 2000 in the context of an exchange program between Georgia State University and Technische Universität Darmstadt. Its subject is the new contract law in electronic commerce. The paper starts with an illustration of the situation of legal uncertainty prior to the establishment of a specific contract law in electronic commerce. Many laws governing contract formation were drafted before the existence of electronic messaging and did not adequately address the challenges of electronic transactions. Furthermore, electronic transactions were often hindered by the diversity of state laws. This situation was considered to place some severe legal obstacles to the development of electronic commerce. In 1997, President Clinton and Vice President Gore unveiled their Framework for Global Electronic Commerce. This issue defined the main goals for the future development of both domestic and global electronic commerce. The general objective was to establish a Uniform Commercial Code for this ascending sector of commerce in order to facilitate and enforce electronic transactions. The legislative efforts to achieve those goals recently resulted in two uniform acts, the Uniform Computer Information Transactions Act (UCITA) and the Uniform Electronic Transactions Act (UETA), and the federal Electronic Signatures in Global and National Commerce Act (E-sign Act). The paper deals with these new legislative approaches. Aside from the presentation of the scopes of the different acts the paper focuses on their fundamental principles and major provisions. Furthermore, it discusses the new enactments in the context of a selection of fundamental legal issues raised by electronic commerce. This discussion finally shows that, although there have been a number of serious endeavors to achieve the above mentioned goals by drafting several electronic commerce statutes, the recent enactments relating to contract law in electronic commerce are not able to achieve the goals set out in the Framework for Global Electronic Commerce. There still remain significant legal obstacles that prohibit electronic commerce from reaching its full potential. Zusammenfassung: Diese Arbeit wurde während meines Studienaufenthaltes an der Georgia State University, Atlanta im Herbstsemester 2000 im Rahmen eines Austauschprogramms zwischen der Georgia State University und der Technischen [...]

The Economic Contract Law of China

The Economic Contract Law of China Pdf/ePub eBook Author: Pitman B. Potter
Editor: University of Washington Press
ISBN: 0295804033
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The Economic Contract Law of China by Pitman B. Potter Summary

The Economic Contract Law of China: Legitimation and Contract Autonomy in the PRC

Contract Law and the Legislature

Contract Law and the Legislature Pdf/ePub eBook Author: TT Arvind,Jenny Steele
Editor: Bloomsbury Publishing
ISBN: 1509926127
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Contract Law and the Legislature by TT Arvind,Jenny Steele Summary

This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.


Contracts Pdf/ePub eBook Author: Ben Templin
Editor: Wolters Kluwer
ISBN: 1543809618
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Contracts by Ben Templin Summary

Contracts: A Modern Coursebook, Second Edition by Ben Templin is an innovative coursebook unlike any other on the market. The book takes a hybrid approach between a “traditional” casebook and a problems-based casebook, incorporating a more thorough discussion of the law followed by cases then problems. Featuring a unique design that engages the reader and incorporates professional skills and experiential-type learning, Contracts: A Modern Coursebook is a revolutionary, classroom-tested book. Rather than playing “hide the ball,” professors using this book will be able to say, “Here’s the ball. Let’s play catch.” New to the Second Edition: Now Over 500 Questions and Problems, nearly doubling the number of questions and answers for professors to use to assess students. A new section—Questions for Review—tests students’ understanding of the law before they try the more difficult analytic problems. Enhanced analytic problems—updated based on feedback from professors and students New cases with tighter editing to adjust the mix between classic and contemporary cases for greater balance, and to focus on the core lesson More flowcharts and tables, providing additional visual learning aids to help students synthesize concepts More examples and case illustrations to keep students engaged and to stimulate critical thinking Design enhancements, including a redesign of “Rule Boxes” that makes parsing the rule statements easier for students A new numbering system to more easily track “Learning Outcomes” to “Explanations” to “Case Law” to “Assessments” Professors and students will benefit from: Learning Objectives: Unlike traditional casebooks, every chapter begins with three to seven precise learning goals. Millennials respond positively when learning objectives are stated at the beginning of a lesson. The defined learning objectives for each chapter help professors comply with ABA requirements to establish learning outcomes that consist of “clear and concise statements of knowledge that students are expected to acquire.” Clear and Concise Explanations of the Law: Much like a hornbook, every chapter provides clear and concise explanations of the law. Overarching rules are identified and highlighted visually. An analytical framework is provided to help students parse the rule. Examples and Case Illustrations explain the parameters and application of the rule. Test Yourself questions are embedded exercises within the explanation section to let students assess their understanding of the rules. Case Law—Developing Critical Reasoning Skills: Since students learn the law before reading the cases, the focus of case analysis is on the reasoning that the court applies. By posing direct questions and giving students prompts to respond to as they read the case, students build critical reasoning skills, and, as a result, are better prepared for class. Problem Solving and Analysis—Built-in Formative Assessment: At the end of each chapter, the Problem Solving and Analysis section provides students the opportunity to build critical thinking skills (the highest level of Bloom’s Taxonomy of Educational Objectives) through a series of thought-provoking hypotheticals based on real-world scenarios. The rich set of questions builds accountability and addresses the challenge of providing in-semester formative feedback to large classes to help professors comply with ABA formative assessment standards. Contemporary Layout and Design: The contemporary book design is optimized to improve readability, heighten student engagement, and increase retention. Concise and Compact: Shorter than competing casebooks, the casebook can be used in 4-credit, 5-credit, or 6-credit courses. Classroom Tested: Contracts: A Modern Coursebook has been classroom tested over three years. More than 400 students have used the text for both the first year contracts course and as a supplement for a third year remedies course. Students have been overwhelmingly enthusiastic about the content, format, and approach. The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.

Foundational Principles of Contract Law

Foundational Principles of Contract Law Pdf/ePub eBook Author: Melvin A. Eisenberg
Editor: Oxford University Press
ISBN: 0199875677
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Foundational Principles of Contract Law by Melvin A. Eisenberg Summary

Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.

Comparative Contract Law

Comparative Contract Law Pdf/ePub eBook Author: Larry DiMatteo,Martin Hogg
Editor: Oxford University Press
ISBN: 019104444X
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Comparative Contract Law by Larry DiMatteo,Martin Hogg Summary

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, behavioural 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.

International Contracting: Law and Practice

International Contracting: Law and Practice Pdf/ePub eBook Author: Larry A. DiMatteo
Editor: Kluwer Law International B.V.
ISBN: 9041159703
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International Contracting: Law and Practice by Larry A. DiMatteo Summary

For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.

Problems in Contract Law

Problems in Contract Law Pdf/ePub eBook Author: Charles L. Knapp,Nathan M. Crystal,Harry G. Prince
Editor: Wolters Kluwer
ISBN: 1543811027
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Problems in Contract Law by Charles L. Knapp,Nathan M. Crystal,Harry G. Prince Summary

In Problems in Contract Law: Cases and Materials, Ninth Edition, by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince, a balance of traditional and contemporary cases reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context, while questions and problem exercises bridge theory and practice. Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings, and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. New to the Ninth Edition: Seven new cases that reflect advances in or improved statements of contract law Two restored cases (Kirksey v. Kirksey and Hill v. Jones) that provide valuable perspectives on fundamental areas of contract law Eight new problems (including seven net additions and one replacement) to provide more review options for teachers and students and to add contemporary fact patterns A new, two-color design featuring interesting photographs illustrating people and places discussed in some of the cases Editing of note and text material to reduce length without affecting coverage Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors flexibility in assigning or deleting comments Student accessibility to deleted cases from prior editions through Connected Casebook, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference Professors and students will benefit from: Flexible application for professors with various teaching methodologies: traditional, problem, theoretical, and practical A mixture of classic and contemporary cases The authors’ emphasis on accessibility of the material—rejecting a hide-the-ball approach Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book. The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.

Contracts in Context

Contracts in Context Pdf/ePub eBook Author: Nadelle Grossman,Eric A. Zacks
Editor: Wolters Kluwer
ISBN: 1543809936
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Contracts in Context by Nadelle Grossman,Eric A. Zacks Summary

This new casebook focuses on the transactional nature of contracts. In addition to describing the law of contracts and how the law is applied in litigation, Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals. It explores how parties “contract around” default requirements of the law, in addition to satisfying mandatory aspects of the law, through contracts. The book describes the role of both the transactional lawyer and litigator in working with contracts. It presents much of the material in expository fashion rather than only or primarily through cases. It then challenges students to apply that law through transactional and litigation practice and simulation problems. Professors and students will benefit from: Material presented not only on contract law, but also on contract design and terms, so that students understand how contracts and contract law support private ordering by parties Many examples of contract language to demonstrate why and how parties customize contracts to further their goals Discussion of the role of the transactional lawyer in working with contracts so that students can begin to develop important transactional skills and wrestle with some of the professional dilemmas transactional lawyers frequently face Material presented through expository text to give students a more comprehensive and clearer view of what limits the law imposes on their private ordering through contracts and which requirements can be contracted around A large set of problems, many of which involve tasks assigned to new transactional lawyers and litigators, to allow students to learn the material through active participation and critical thinking

Comparative Contract Law

Comparative Contract Law Pdf/ePub eBook Author: Pier Giuseppe Monateri
Editor: Edward Elgar Publishing
ISBN: 1785369172
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Comparative Contract Law by Pier Giuseppe Monateri Summary

This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

A Short Guide to Contract Risk

A Short Guide to Contract Risk Pdf/ePub eBook Author: Helena Haapio,George J. Siedel
Editor: Routledge
ISBN: 1351961845
FileSize: 528kb
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A Short Guide to Contract Risk by Helena Haapio,George J. Siedel Summary

Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.