Useful Clauses 2013
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Author |
: Real Estate Institute of New Zealand Staff |
Publisher |
: |
Total Pages |
: |
Release |
: 2013-08 |
ISBN-10 |
: 0958219737 |
ISBN-13 |
: 9780958219730 |
Rating |
: 4/5 (37 Downloads) |
Synopsis Useful Clauses 2013 by : Real Estate Institute of New Zealand Staff
Author |
: Gary Lawson |
Publisher |
: Cambridge University Press |
Total Pages |
: 191 |
Release |
: 2010-07-05 |
ISBN-10 |
: 9781139489843 |
ISBN-13 |
: 1139489844 |
Rating |
: 4/5 (43 Downloads) |
Synopsis The Origins of the Necessary and Proper Clause by : Gary Lawson
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
Author |
: Mark Anderson |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 769 |
Release |
: 2017-10-18 |
ISBN-10 |
: 9781526500625 |
ISBN-13 |
: 1526500620 |
Rating |
: 4/5 (25 Downloads) |
Synopsis A-Z Guide to Boilerplate and Commercial Clauses by : Mark Anderson
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads
Author |
: Real Estate Institute of New Zealand |
Publisher |
: |
Total Pages |
: 20 |
Release |
: 1979 |
ISBN-10 |
: OCLC:154073839 |
ISBN-13 |
: |
Rating |
: 4/5 (39 Downloads) |
Synopsis Useful Clauses by : Real Estate Institute of New Zealand
Author |
: Łukasz Jędrzejowski |
Publisher |
: John Benjamins Publishing Company |
Total Pages |
: 363 |
Release |
: 2023-03-01 |
ISBN-10 |
: 9789027254474 |
ISBN-13 |
: 9027254478 |
Rating |
: 4/5 (74 Downloads) |
Synopsis Micro- and Macro-variation of Causal Clauses by : Łukasz Jędrzejowski
This collection presents novel insights into the micro- and macro-variation of causal clauses from a cross-linguistic perspective. It contains a general introduction to the topic setting the scene and nine chapters based on data from Dutch, German, English, Icelandic, Chinese, and Japanese. Topics discussed in the individual chapters involve, inter alia, external, internal and linear syntax of adverbial clauses expressing a causal relation, their semantic interpretation and information-structural properties, verb position, volitionality, and the development of particular causal conjunctions. The findings gained here are of synchronic and diachronic nature and offer new theoretical perspectives on how causal dependency relationships are expressed by inherent causal morpho-syntactic patterns. They also provide a deeper comprehension of how sentential modifiers work, emerge, and develop in general. This volume is an asset to grammarians, syntacticians, theoretical, and historical linguists.
Author |
: Eleni Magklasi |
Publisher |
: Taylor & Francis |
Total Pages |
: 249 |
Release |
: 2024-06-28 |
ISBN-10 |
: 9781040049754 |
ISBN-13 |
: 1040049753 |
Rating |
: 4/5 (54 Downloads) |
Synopsis Arbitration Clauses in Maritime Contracts by : Eleni Magklasi
Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate. The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation. Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.
Author |
: Silvia Suteu |
Publisher |
: Oxford University Press |
Total Pages |
: 338 |
Release |
: 2021-04 |
ISBN-10 |
: 9780198858867 |
ISBN-13 |
: 0198858868 |
Rating |
: 4/5 (67 Downloads) |
Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Author |
: Nancy S. Kim |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 217 |
Release |
: 2016-09-30 |
ISBN-10 |
: 9781783479436 |
ISBN-13 |
: 1783479434 |
Rating |
: 4/5 (36 Downloads) |
Synopsis The Fundamentals of Contract Law and Clauses by : Nancy S. Kim
This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.
Author |
: Antonios Emmanouil Kouroutakis |
Publisher |
: Routledge |
Total Pages |
: 262 |
Release |
: 2016-10-04 |
ISBN-10 |
: 9781315454313 |
ISBN-13 |
: 1315454319 |
Rating |
: 4/5 (13 Downloads) |
Synopsis The Constitutional Value of Sunset Clauses by : Antonios Emmanouil Kouroutakis
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.
Author |
: Ewelina Kajkowska |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 267 |
Release |
: 2017-03-23 |
ISBN-10 |
: 9781509910427 |
ISBN-13 |
: 1509910425 |
Rating |
: 4/5 (27 Downloads) |
Synopsis Enforceability of Multi-Tiered Dispute Resolution Clauses by : Ewelina Kajkowska
This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.