Electronic Contracts: Principles from the Common Law identifies issues of contract law that are uniquely problematic for electronic contracts. In this new book, the author discusses the most important appellate decisions from other common law jurisdictions and seeks to provide the reader with an understanding of how these decisions may influence the development of the law here in Australia. The book examines the extent to which the common law applies familiar contract law principles to unfamiliar problems, such as whether sufficient notice of terms can be given by hyperlink. It also examines the extent to which the common law may expand familiar principles to fit unfamiliar problems. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Important Features: · Detailed and scholarly coverage of the topic · Applies a comparative approach · Author considers over 150 common law electronic contract cases at appellate level

Life has become an endless series of contracts—this is the manual. There’s no reason to risk your hard-earned money signing a contract you don’t understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you’ll grasp mysterious concepts like “force majeur,” “indemnity,” and “time is of the essence." Contracts: The Essential Business Desk Reference is more than just an A–Z explanation of over 300 terms. It also includes: common negotiating strategies examples of contract provisions sample contract clauses and entire contracts examples of illegal and dangerous contract clauses what to expect if you or the other side breaks a contract up-to-date explanations of electronic contracts, and tips on amending and modifying agreements. Whether you’re starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students—and anyone else whose success is built around understanding and negotiating agreements.

Scientific and Technical Report No. 24 Performance-Based Contracts (PBC) for Improving Utilities Efficiency: Experiences and Perspectives is a compendium of articles written by members of the PBC taskforce. It focuses on new approaches without delegated management to private operator i.e. service contracts, consulting contracts, Alliance approach, public-public partnership. It also mentions new design and generation of more traditional PPPs, (MC, lease, concession), where a larger proportion of performance-based design is being applied. List of Contents: Performance Based Contracts – Setting the scene; PBC and Results Based Financing: the inverse approach; PBC and Energy Efficiency; Internal Performance Contracts: A Case of the National Water and Sewerage Corporation in Uganda; Performance-Based Service Contracts in Navi Mumbai; Financial Comparison of PBCs and Conventional Approach; Tegucigalpa PBC Case Study; Performance Based Contracts – Key Design Issues; NRW Reduction Optimization Framework; How to improve water services performance? Performance Based Contracts (PBC) and Regulatory issues; Peer-to-Peer Partnerships Operational for sustainable water services; Performance Based Contracts in Malawi: Teamwork Works; Performance based affermage contracts; Performance based Contracts, The Aroona Integrated Alliance Experience; Experience from Eastern Europe; NRW Performance Contract – Kingdom of Bahrain; The way forward and perspectives/trends

The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more

Digital Media Contracts contains a collection of sample agreements, presenting annotated contracts from the digital media industry in typical formats for the industry. Included are agreements for digital downloads, user generated content, social networks, wireless apps and cloud computing. It goes beyond traditional precedents by giving practical, commercially-grounded commentary and background information to assist both readers intending to draft their own documents and those looking for hands-on guidance when reviewing standard form documents received from other parties. Lawyers working in the digital media industry, private practitioners and in-house lawyers will find this work especially useful. Its jurisdictional scope is primarily focused on the UK with comparative comments on similar agreements in the US, with input from lawyers based in the US. This comprehensive guide will provide practical support in the form of checklists and flow-charts, and will include additional supporting documents such as standard NDAs and sample Heads of Agreement.

An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises

This eagerly awaited revision of a prestigious student treatise helps professors demystify the intricacies of contract law. Long respected for its clarity and accessibility, Contracts, in its completely updated Fourth Edition, continues to illuminate doctrine and practice. The textbook builds on its well-known strengths: Comprehensive coverage of all of the topics that figure prominently in most contracts courses. Intuitive, insightful approach for first-year law students... Clear explanations of the rules, illustrated with noteworthy examples. Incorporation of many recent cases into examples. Clear prose and incisive analysis Reflection of the expertise of the author, who has also written a successful practitioner treatise. Suitability for use alongside any casebook. The Fourth Edition keeps pace with developments in the field, providing: Detailed comparisons of the contract rules of 2003, revised Article 2 (2003), with previous Article 2. Citations to revised Articles 1 and 9. Citations to dozens of new cases, including those applying CISG (Vienna Sales Convention) and reference to current decisions in such areas as employment agreements, enforceability of arbitration clauses, anti-nuptial contracts, liquidated damages, pre-contractual liability, and electronic contracting. Citations to new law journal articles and updated citations to other secondary sources. Learning contract law will be less daunting when the Fourth Edition of E. Allan Farnsworth's Contracts is available for extra assistance.

Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.

When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.