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Commercial Enforcement

by Owen Williams Michelle Kemp

This text contains a detailed analysis of the legal issues and underlying case law surrounding each method of enforcement, providing essential background materials and commentary. It provides systematic, practical guidance on the process of preparing for and successfully applying for the various methods of High Court enforcement.Covers the following:General rules about enforcement of judgmentsObtaining information about a judgment debtor's assetsThird party debt ordersCharging ordersWrits of controlAppointing a receiver by way of equitable executionInterest on judgments

Commercial Expectations and Cooperation in Symbiotic Contracts: A Legal and Empirical Analysis

by Charles Haward Soper

Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts. The possibility of aligning these expectations with the law is considered from the perspective that there is a general duty for parties to cooperate and ensure constructive engagement. The book examines how this might translate into constructive communication, professional governance, genuine attempts to settle issues, a right to fix defects and a duty to take decisions in a fair and rational manner. It argues that statutory adjudication should be extended to all commercial contracts and more ambitious use of available remedies, including those for prevention and cost penalties, would help provide incentives for parties to cooperate more fully. The book will be of interest to academics in the fields of contract law and of contract management, as well as legal and commercial practitioners.

Commercial Expectations and Cooperation in Symbiotic Contracts: A Legal and Empirical Analysis

by Charles Haward Soper

Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts. The possibility of aligning these expectations with the law is considered from the perspective that there is a general duty for parties to cooperate and ensure constructive engagement. The book examines how this might translate into constructive communication, professional governance, genuine attempts to settle issues, a right to fix defects and a duty to take decisions in a fair and rational manner. It argues that statutory adjudication should be extended to all commercial contracts and more ambitious use of available remedies, including those for prevention and cost penalties, would help provide incentives for parties to cooperate more fully. The book will be of interest to academics in the fields of contract law and of contract management, as well as legal and commercial practitioners.

Commercial Fraud in Civil Practice

by Paul McGrath QC

The second edition builds on the excellent reputation earned by the first as a comprehensive and practical work focussing on civil law claims and remedies. Its aim is to provide clear answers for practicioners whilst being willing to tackle some of the more complex and difficult areas such as proprietary remedies. The book covers all aspects of international commercial fraud litigation, ranging from issues of conflict laws, pre- emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), contentious insolvency litigations, to tracing assests. The book also covers substantive claims in areas such as trusts/ equity, contract, tort, restitution, company law and insolvency, as well as challenging asset protection devices in sham trusts and lifting the corporate veil, along with sanctions for non- compliance or contempt. Practical guidance on important procedural elements such as injunctions and disclosure is also provided. Detailed treatment of difficult topics such as unjust enrichment and conflict of laws is included and the new edition considers the impact of the Rome I and Rome II Regulations governing contractual and non- contractual obligations concerning choice of law issues. It also examines all relevant new case law such as Sinclair v Versailles concerning the impact on the right to obtain a proprietary claim in respect of a breach of fiduciary duty. The book draws together the disparate areas of the law that must be considered by commercial fraud litigators making a single and accessible reference source for practitioners and scholars.

Commercial Issues in Private International Law: A Common Law Perspective (Studies in Private International Law)

by Michael Douglas Vivienne Bath Mary Keyes Andrew Dickinson

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

Commercial Issues in Private International Law: A Common Law Perspective (Studies in Private International Law)

by Michael Douglas Vivienne Bath Mary Keyes Andrew Dickinson

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

Commercial Law: Law Revision And Study Guide (Concentrate Ser.)

by Eric Baskind Greg Osborne Lee Roach

Commercial Law offers a fresh, modern, and stimulating exploration of this diverse and fascinating area of law. The text provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. This coverage is enhanced through a range of novel learning features, including examples, definitions, and diagrams, that encourage understanding and demonstrate how the principles behind the law are applied in practical transactions. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks This edition is also accompanied by a selection of online resources to support and further student learning, including: · Self-test questions · Additional chapters on alternative dispute resolution, the UN Convention on the International Sale of Goods, consumer credit, principles of insurance law, and WTO rules and bilateral trade rules · Answers to questions posed in the book · Flashcards for key terminology · Further reading · A guide to OSCOLA referencing · Downloadable figures from the book

Commercial Law

by Michael Forde

This comprehensively updated 4th edition of Michael Forde's Commercial Law will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. Its chapters cover the following topics and cross-refer to the principle works on each of the subjects listed in the Table of Contents.· Michael Forde's Commercial Law has been an essential tool for law practitioners since it was first published in 1990. Now the widely updated 4th edition will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. The essential coverage includes consumer law initiatives based on EU Directives, plus significant commercial case law. It outlines the emergence of and variety in regulation regimes and deals with insolvency rules in Ireland as well as the credit union sector.Since the last edition published in 2005 this title has been updated to include the vast amount of case law in Ireland and the EU as well as relevant case law in the UK and Canada. It also deals with the following legislation: EC Services Regulations 2010 EC Late Payments in Commercial Transactions Regulations 2012 EU Payment Services Regulations 2018 EU Trade Secrets Regulations 2018 EU Trade Marks Regulations 2018 Copyright and Other Intellectual Property Law Provisions Act 2019 Intellectual Property (Miscellaneous Provisions) Act 2014 Competition (Amendment) Act 2012 Competition and Consumer Protection Act 2014 EU Action for Damages for Infringements of Competition Law Regulations 2017 EU Award of Public Authorities Contracts Regulations 2016 Arbitration Act 2010 Consumer Protection Act 2017 Consumer Insurance Contracts Act 2019

Commercial Law: Case Studies in a Business Context

by Desmond Painter

This pack of lecturer, photocopiable, material is designed to provide sets of authentic case studies to illustrate a variety of aspects of Company Business Law. It consists of a collection of 19 individual scenarios, each of which is introduced and has a variety of tasks attached.

Commercial Law: Made Simple

by John Parris

Commercial Law: Made Simple covers the basic principles and concepts of commercial law. The book starts by describing trading entities, such as trading by individuals; corporations; and unincorporated associations, partnerships, and agencies. The book discusses contractual obligations, including topics about the nature and the laws related to contractual obligations, unilateral contracts, and contracts of mutual obligations. The sale of goods is also considered with regard to transference of ownership, the terms of the contract of sale, the rights of an unpaid seller, international trade, and hire purchase and similar transactions. The book further tackles carriage and insurance, assignments, negotiable instruments, and securities. Students taking business studies and courses in law and accountancy and businessmen will find the book an invaluable source of reference and guidance.

Commercial Law: Principles And Policy

by Nicholas Ryder Margaret Griffiths Lachmi Singh

This innovative textbook examines commercial law and the social and political context in which it develops. Topical examples, such as funding for terrorism, demonstrate this fast-moving field's relevance to today's concerns. This wide-ranging subject is set within a clear structure, with part and chapter introductions setting out the student's course of study. Recommendations for further reading at the end of every chapter point the reader to important sources for advanced study and revision questions encourage understanding. The extensive coverage and detailed commentary has been extensively market tested to ensure that the contents are aligned with the needs of university courses in commercial law.

Commercial Law

by Sean Thomas Séverine Saintier Reza Beheshti

Commercial Law has established itself in the market as the leading text for undergraduate and postgraduate students of commercial law topics, with a reputation for considerable accuracy and detail. The author effectively converts a difficult area of law into plain English, providing a concise and engaging legal guide to modern commercial practice. The new edition continues the emphasis on aspects of 'good faith' and the protection of reasonable expectations as key emerging themes but also focuses on the emergent theme of internationalisation, with particular reference to the moves to develop a "European" contract law. Online Resource Centre The book is complemented by a website providing updates to ensure students are kept aware of legal developments, as well as web links to useful resources.

Commercial Law and Commercial Practice

by Sarah Worthington

This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners. The result is a series of provocative and challenging essays addressing an enormous range of problems that are of intimate concern to commercial practice. Some essays focus on broad themes, such as globalization and trust. Others address more specific issues, such as contract interpretation or constraining modern management. Yet another group targets special problems, such as dematerialisation or super-priority, in order to assess the success of commercial law in meeting commercial demands. The depth and breadth of issues addressed is a credit to the authors. Taken as a whole, the volume makes some pointed suggestions for improving the practices and processes, and indeed the future progress, of commercial law.

Commercial Law and Practice in the South Pacific (South Pacific Law)

by Mohammed L. Ahmadu Robert Hughes

Commerce has become an area of central importance to the South Pacific region. Although the countries are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. This new textbook is the first to examine the main areas of commercial law in the common law jurisdictions of the South Pacific region. These jurisdictions include the Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, (Western) Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. The text is divided into six parts each with its own introduction to aid the reader through each particular area. Utilising both a structural and transactional approach it examines: the establishment and termination of commercial organizations the internal and external relations within and between organizations the legal principles applicable to various kinds of commercial dealings eg. insurance, sale of goods, bills of exchange aspects of foreign trade and international commerce relevant to the region. Knowledge of the legal principles that regulate commercial activity within the South Pacific Region is essential for the communities themselves and for those from outside interested in doing business in the area. Students studying commercial law in the region will find this textbook essential reading as will those involved, or seeking to become involved, in commercial activity there

Commercial Law and Practice in the South Pacific (South Pacific Law)

by Mohammed L. Ahmadu Robert Hughes

Commerce has become an area of central importance to the South Pacific region. Although the countries are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. This new textbook is the first to examine the main areas of commercial law in the common law jurisdictions of the South Pacific region. These jurisdictions include the Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, (Western) Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. The text is divided into six parts each with its own introduction to aid the reader through each particular area. Utilising both a structural and transactional approach it examines: the establishment and termination of commercial organizations the internal and external relations within and between organizations the legal principles applicable to various kinds of commercial dealings eg. insurance, sale of goods, bills of exchange aspects of foreign trade and international commerce relevant to the region. Knowledge of the legal principles that regulate commercial activity within the South Pacific Region is essential for the communities themselves and for those from outside interested in doing business in the area. Students studying commercial law in the region will find this textbook essential reading as will those involved, or seeking to become involved, in commercial activity there

Commercial Law Aspects of Residential Mortgage Securitisation in Australia

by Pelma Rajapakse Shanuka Senarath

This book evaluates key commercial law aspects of the relevant law and legislation governing residential mortgage-backed securities (RMBSs) in Australia from a legal perspective. Within the context of a “public benefit test” framework, the book seeks to critically evaluate the impact and effectiveness of current law and regulation governing RMBSs. There is a dearth of both academic and practical literature on the legal and regulatory issues surrounding RMBSs in Australia. The book aims to make a contribution to the formulation of law and public policy by suggesting a number of reforms to the current law and practice surrounding RMBSs in Australia. In part, these suggested reforms will be based on the lessons learned from the experiences of overseas jurisdictions such as Canada, the U.K, and the United States.

Commercial Law Essentials (Edinburgh Law Essentials)

by Malcolm Combe

Whether you’re a student coming to commercial law for the first time, you are studying for your exams or you are a professional who needs to update or refresh your knowledge, this is the study guide that you need. You will quickly learn about the key topics in commercial law and its effects on the law of Scotland. Summaries of essential facts and essentials cases will help you to identify, understand and remember the most important elements of the subject. Topics covered include: Sale of Goods, Hire, Agency, Insurance, Rights in Security, Cautionary Obligations, Negotiable Instruments, Consumer Credit, Intellectual Property, Diligence, Personal Insolvency and Commercial Dispute Resolution.

Commercial Law Essentials (PDF)

by Malcolm Combe

Your invaluable guide to studying and working in commercial law in Scotland:Whether you're a student coming to commercial law for the first time, you are studying for your exams or you are a professional who needs to brush up on your knowledge, this is the study guide that you need. You will quickly learn about the key topics in commercial law and its effects on the law andpeople of Scotland.

Commercial Law in East Asia

by Roman Tomasic

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

Commercial Law in East Asia (The\library Of Essays On Law In East Asia Ser.)

by Roman Tomasic Leon Wolff

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

Commercial Law in the South Pacific (Routledge Research in International Commercial Law)

by Mohammed L. Ahmadu Bridget Fa’amatuainu

This book provides a detailed examination of the core areas of commercial law in common law jurisdictions across a range of South Pacific countries: Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.Commerce is an area of central importance to the South Pacific region. Although the countries in question are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. With a focus on case law and legislative provisions in individual jurisdictions, it sets out the framework of legal principles that regulate commercial activity within the South Pacific region, highlighting the common patterns and principal differences between countries of the region. It includes a discussion of PACER Plus, post-Cotonou discussions and the EU-OACPS Partnership Agreement as well as key amendments and challenges to commercial law in the region. It explores the legal structures of commerce, control and management of commercial entities, banking and transactions and termination. Importantly, the book has two new chapters, on digital currency and e-commerce in the South Pacific, reflecting the increasing use of technology in financial and commercial transactions.Offering a detailed analysis of the legal principles that regulate commercial activity within the South Pacific region, this book will be a useful resource for students, academics and practitioners working on commercial law in the South Pacific region.

Commercial Law in the South Pacific (Routledge Research in International Commercial Law)

by Mohammed L. Ahmadu Bridget Fa’amatuainu

This book provides a detailed examination of the core areas of commercial law in common law jurisdictions across a range of South Pacific countries: Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.Commerce is an area of central importance to the South Pacific region. Although the countries in question are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. With a focus on case law and legislative provisions in individual jurisdictions, it sets out the framework of legal principles that regulate commercial activity within the South Pacific region, highlighting the common patterns and principal differences between countries of the region. It includes a discussion of PACER Plus, post-Cotonou discussions and the EU-OACPS Partnership Agreement as well as key amendments and challenges to commercial law in the region. It explores the legal structures of commerce, control and management of commercial entities, banking and transactions and termination. Importantly, the book has two new chapters, on digital currency and e-commerce in the South Pacific, reflecting the increasing use of technology in financial and commercial transactions.Offering a detailed analysis of the legal principles that regulate commercial activity within the South Pacific region, this book will be a useful resource for students, academics and practitioners working on commercial law in the South Pacific region.

Commercial Law of the European Union (Ius Gentium: Comparative Perspectives on Law and Justice #4)

by Gabriël Moens John Trone

? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.

Commercial Law (PDF)

by Eric Baskind Greg Osborne Lee Roach

Commercial Law offers a fresh, modern, and stimulating exploration of this diverse and fascinating area of law. The text provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. This coverage is enhanced through a range of novel learning features, including examples, definitions, and diagrams, that encourage understanding and demonstrate how the principles behind the law are applied in practical transactions. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks This edition is also accompanied by a selection of online resources to support and further student learning, including: · Self-test questions · Additional chapters on alternative dispute resolution, the UN Convention on the International Sale of Goods, consumer credit, principles of insurance law, and WTO rules and bilateral trade rules · Answers to questions posed in the book · Flashcards for key terminology · Further reading · A guide to OSCOLA referencing · Downloadable figures from the book

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Showing 7,276 through 7,300 of 57,356 results