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Topic: Contract law


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In the News (Sun 6 Dec 09)

  
  Internal Market - The Contract Law
Indeed, certain mandatory provisions in the contract law of a member state may well make it more cumbersome or occasionally even impossible to offer the same goods and services under the same or similar conditions throughout the Single Market.
The EU does not possess general regulatory power in areas such as contract law but can only intervene in case actual problems exist which require a solution at EU level, as the European Court of Justice stated in its tobacco judgment.
Moreover, there was widespread support for measures which would increase the degree of coherence of the contract law provisions in the various existing or future sector-specific instruments.
ec.europa.eu /internal_market/contractlaw/index_en.htm   (0 words)

  
  Contracts - Wex   (Site not responding. Last check: )
Contracts are mainly governed by state statutory and common (judge-made) law and private law.
Most of the principles of the common law of contracts are outlined in the Restatement Second of The Law of Contracts (http://www.ali.org/ali/contract.htm) published by the American Law Institute.
Contracts related to particular activities or business sectors may be highly regulated by state and/or federal law.
www.law.cornell.edu /topics/contracts.html   (489 words)

  
 Contract Law, Part 1: Introduction and Origins   (Site not responding. Last check: )
Contract law, like so much of English-origin law, is sometimes described in lengthy legalese diatribe, from which it is no easy task to excise a short, succinct and plain-language description.
Contract law is based on several Latin legal principles, the most important of which is consensus ad idem, which means a meeting of the minds between the parties or, in other words, a clear understanding, offering and acceptance of each person's contribution.
Contract law is said to be a part of "private law" because it does not involve or bind the state or persons that are not parties to the contract.
www.duhaime.org /contract   (1606 words)

  
 Contract Law   (Site not responding. Last check: )
Since contract law has evolved into an immensely complex and intricate component of our modern legal system, for purposes of this discussion I shall endeavor to provide the reader with a very brief overview of certain general contract law principles.
A contract can be defined as a promise or set of promises for which the law gives a remedy, or the performance of which the law, in some way, recognizes as a duty.
Although contracts are usually valid in oral or written form, all of the states have enacted statutes designed to cover (and protect) certain types of contracts.
www.awwa.org /Sections/Sectionlibrary/ContractLaw.cfm   (726 words)

  
 California Contract Law
Contracts involving the sale of real estate, contracts concerning the sale of goods worth more than $500, contracts that cannot be performed within one year, contracts to pay someone else's debts, leases for more than one year, and contracts for marriage must be in writing.
The damages due to a party when there is a contract breach depend on many factors, including which party breaches, what damages were incurred, what the contract states with regard to damages, whether the breach material, and the subject matter of the contract.
Typically, in a contract involving the sale of land, awarding money damages for a breach does not put the nonbreaching party in the same position he or she would have been in if the contract were fulfilled.
www.weblocator.com /attorney/ca/law/c06.html   (1935 words)

  
 Contract Law
If a person is so mentally incompetent that he or she fails to understand that a contract is being made and further does not understand the terms of the contract, that person is said to lack capacity to enter into a contract.
For an assignment of contract rights to take place, it must not be prohibited in the contract; it must not involve the assignment of a personal duty; and the assignment mus not affect the other original party to the contract.
Contracts involving the sale of goods for $500 or more, contracts for real estate and contracts that cannot be perfomed within one year are some examples of contracts that are subject to the Statute of Frauds.
www.otto-graph.com /samples/3/contractlaw.html   (1645 words)

  
 Contract Law
I encourage your contributions, suggestions, and corrections (directed to gneustadter@scu.edu) so that, together, we can build an increasingly useful on-line source of information and scholarship related to contract law that will be useful to students, academics, lawyers, judges, and other professionals with an interest in the subject.
Gary Neustadter is a Professor of Law at Santa Clara University School of Law, Santa Clara, California.
He is developing electronic casebooks for Secured Debt and Contracts using a format that he describes on JURIST in Rethinking Electronic Casebooks.
jurist.law.pitt.edu /sg_k.htm   (497 words)

  
 EUROPA - Consumer Affairs - European Contract Law
Problems in relation to using, agreeing, interpreting and applying contracts in cross-border transactions may therefore affect the smooth functioning of the internal market.
The Common Frame of Reference (CFR) is a long-term project which aims at providing the European Legislators (Commission, Council and European Parliament) with a "toolbox" or a handbook to be used for the revision of existing and the preparation of new legislation in the area of contract law.
In the area of consumer contract law the preparatory work for the CFR of the researchers and of stakeholders has already served as a starting point for the Green Paper on the Review of the Consumer Acquis, adopted by the Commission on 8 February 2007.
ec.europa.eu /consumers/cons_int/safe_shop/fair_bus_pract/cont_law/index_en.htm   (0 words)

  
 Contracts Law
Contracts are, in a sense, private law created by the agreement of the parties.
State law requirements vary from state to state, but in most states, a contract for the sale of goods for $500 or more must be in writing.
The duties and obligations section of a contract is a detailed description of the duties and obligations of the parties and the deadlines for performance.
library.findlaw.com /1999/Jan/1/241463.html   (3063 words)

  
 The Contract Law of People's Republic of China   (Site not responding. Last check: )
Where a contract is to be concluded by a writing as required by the relevant law or administrative regulation or as agreed by the parties, if the parties failed to conclude the contract in writing but one party has performed its main obligation and the other party has accepted the performance, the contract is formed.
A contract concluded by a person with limited capacity for civil act is valid upon ratification by the legal agent thereof, provided that a contract from which such person accrues benefits only or the conclusion of which is appropriate for his age, intelligence or mental health does not require ratification by his legal agent.
Where parties to the foreign related contract failed to select the applicable law, the contract shall be governed by the law of the country with the closest connection thereto.
www.cclaw.net /download/contractlawPRC.asp   (10527 words)

  
 LawTeacher.net | Contract Law Study Guide and Resources
The expression 'contract' may, however, be used to describe any or all of the following: (1) that series of promises or acts themselves constituting the contract; (2) the document or documents constituting or evidencing that series of promises or acts, or their performance; (3) the legal relations resulting from that series.
The doctrine of privity of contract is that, as a general rule, at common law a contract cannot confer rights or impose obligations on strangers to it, that is, persons who are not parties to it.
Contracts are often silent on the position of the parties in the event that something happens subsequent to the formation of a contract which renders its performance literally impossible, or only possible in a very different way from that originally contemplated.
www.lawteacher.net /contract.htm   (1077 words)

  
 Insurance Contract Law
This follows the issuing of a scoping paper on 18 January 2006, in which views were invited as to which areas of insurance contract law give rise to potential difficulties.
Insurance contract law has been criticised as outdated and unduly harsh to policyholders.
The present position is increasingly incoherent, with a growing gulf between the unsatisfactory law on the one hand, and a patchwork of codes, rules and Ombudsman principles on the other.
www.lawcom.gov.uk /insurance_contract.htm   (705 words)

  
 SSRN-Taking Information Seriously: Misrepresentation and Nondisclosure in Contract Law and Elsewhere by Richard Craswell   (Site not responding. Last check: )
However, most contract law doctrines (and most contract law scholars) have yet to come to grips with the practical issues involved in regulating information.
While these issues are underappreciated in contract law, they are much more familiar in federal consumer protection law, especially in cases involving false advertising; and they are beginning to be recognized in products liability cases involving the duty to warn.
This paper suggests various ways to improve contract law's handling of misrepresentation and nondisclosure, all of which involve closer attention to the relevant costs and benefits.
www.ssrn.com /abstract=827685   (335 words)

  
 Contract Law   (Site not responding. Last check: )
Contract law can be complicated, but let's take a stab at understanding it.
Contract law states that anyone over the age of 18, who is mentally competent, can enter into a contract.
One interesting thing about contract law is this: a contract does not necessarily have to be in writing to be recognized by the law as binding.
www.yellowclouds.com /legal-3/contract_law.html   (415 words)

  
 Law Forum: Contract Law
Contract law forms the basis of many important legal relationships - from business contracts to marriage to partnership agreements - contract law often controls and defines the rights and responsibilities of the parties.
Contract law is an ever-evolving body of law that is the product of court decisions handed down over the years.
Lawyers in Kutak Rock LLP's Employment Law Group have experience representing corporate clients in a wide range of employment and labor issues both on day-to-day advisory matters and in state and federal administrative and judicial proceedings (trial and appellate levels).
www.lawforum.net /areas/contract_law/index.asp   (173 words)

  
 Contract Law Essays and Dissertations
We pride ourselves in supplying law research that is guaranteed to be of a 2:1 or first class standard.
Whatever your question is on, be it a law essay on consideration, promissory estoppel, or the effects of express and implied terms, the effects of misrepresentation, duress, undue influence and mistake, or exclusion clauses, privity, frustration, breach, remoteness, damages, remedies, or agency, we can help.
If we suspect that any law essays or materials are being used for such purposes then we will refuse to carry out that work and all future essay work for the person involved.
www.law-essays-uk.com /contract.html   (434 words)

  
 Investing In China: Proposed Labor Contract Law -- iSnare.com Articles
The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006.
The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for “senior technical work”, probably because these highly skilled employees are seen as less vulnerable in the employment market.
Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur.
www.isnare.com /?aid=92721&ca=Business+Management   (1067 words)

  
 Contract Law   (Site not responding. Last check: )
The old Roman contract laws were being extensively used by people the world over, including the English and French who developed similar contract law systems.
Old Roman contract law principles such as consensus ad idem or caveat emptor were commonly referred to for regulating trade activities.
It is that part of civil law that interprets written contracts between parties and resolves any disagreements.
www.wwlia.org /Contract-law.htm   (185 words)

  
 DNK Amazon Store :: Basic Contract Law
The new edition includes a great number of new principal cases and case notes, as well as longer, analytical notes on such issues as the differences between classical and modern contract law, the role of the limits of cognition in contract law, and the role of probability in measuring uncertain contract damages.
I'm sure it's possible to learn contract law from this, but if it weren't for the Law School Legends Contracts on tape I probably would not have remembered the dozens and dozens of cases about the same principle.
First, you must consider that a) this is a law school casebook, it's not meant to be light reading, and b) my review might be somewhat tained by the fact that I've taken a Contracts course taught by Mel (an awesome lecturer), but: this is a more clearly organized and well edited casebook than most.
www.entertainmentcareers.net /book/ProductDetails.aspx?asin=0314159010   (736 words)

  
 Contract Law in Cyberspace - Lesson 1   (Site not responding. Last check: )
The body of contract law -- defining the way that the legal system will, or will not, enforce the promises that people make to one another -- is as complex and profound as any.
Contracts are fundamentally *voluntary* exchanges, and contract law looks for evidence that the parties have MUTUALLY ASSENTED to the terms of a particular set of obligations before it will impose those obligations on them.
And it's not because your promise was not in writing; as we'll see, the legal system is prepared to enforce all sorts of contracts merely on the basis of an oral understanding.
www.ssrn.com /update/lsn/cyberspace/lessons/contr01.html   (465 words)

  
 ORGALIME: European Contract Law
The Commission Communication on European Contract Law aims to broaden the debate on the issue to involve the European Parliament, Council and stakeholders, including businesses, legal practitioners, academics and consumer groups in order to judge whether problems arise from divergences in contract law between member states.
ORGALIME is against the development of mandatory contract law in areas where industry has achieved a high degree of self-regulation by developing fair conditions of trade between companies.
Also, a s the current situation of existing different laws for each member state does not currently seem to be causing any significant obstacle to cross-border trade, we believe that the market should be allowed to regulate itself as far as possible.
www.orgalime.org /issues/ecl.asp   (260 words)

  
 Bokkilden » The Richness of Contract Law - Robert A. Hillman
The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange.
Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground.
Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational.
www.bokkilden.no /SamboWeb/sok.do?dewey=346.0201&minusProd=1106570   (194 words)

  
 contract law cases information.   (Site not responding. Last check: )
Problems in Contract Law: Cases and Materials, 4th Ed.
Problems in Contract Law: Cases and Materials (5th ed., 2003.
This outstanding casebook on contract comprises a wide selection of cases and materials that not only illustrates the substantive law, but places it in its..
www.lawnet.com.au /c/contract_law_cases.html   (141 words)

  
 Contract Management - Tracker E-billing & Matter Management   (Site not responding. Last check: )
The contract management module provides detailed meta data about each document, email reminders of key dates, and the ability to integrate with other in-house document management systems.
Tracker connects all law firms, foreign and domestic, large and small, to one shared platform.
Serengeti Law also includes contract management, legal budgeting, status reporting, and spend management which collect UTBMS codes, but does not require attorneys to input the activity codes – which is a benefit to all timekeepers at the firm.
www.serengetilaw.com /Tracker/ContractManagement.htm   (193 words)

  
 Principles of European Contract Law
Article 2.109 - Contract for an Indefinite Period
Article 4.302 - Contract to be Performed in Parts
"The Principles of European Contract are the product of work carried out by the Commission on European Contract law, a body of lawyers drawn from all the Member States of the European Community, under the chairmanship of Professor Ole Lando.
www.jus.uio.no /lm/eu.contract.principles.part1.1995   (335 words)

  
 Contract Lawyers - Contract Attorney - Contract Law
Contract Lawyers - Contract Attorney - Contract Law
Browse and read hundreds of articles on legal topics.
Laws are different in each state, consult a local attorney.
contractlawyers.biz   (216 words)

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