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Books on the topic 'Contractual act'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

United States. Congress. Senate. Committee on the Judiciary. Major Fraud Act of 1988: Report (to accompany H.R. 3911). U.S. G.P.O., 1988.

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United States. Congress. Senate. Committee on the Judiciary. Major Fraud Act of 1988: Report (to accompany H.R. 3911). U.S. G.P.O., 1988.

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United States. Congress. Senate. Committee on the Judiciary. Major Fraud Act of 1988: Report (to accompany H.R. 3911). U.S. G.P.O., 1988.

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Judiciary, United States Congress House Committee on the. Major Fraud Act of 1988: Report (to accompany H.R. 3911) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1988.

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United States. Congress. House. Committee on the Judiciary. Major Fraud Act of 1988: Report (to accompany H.R. 3911) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1988.

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6

States, United. An Act to amend Title 18, United States Code, to provide increased penalties for certain major frauds against the United States. U.S. G.P.O., 1988.

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7

United States. Congress. Senate. Committee on the Judiciary. The Major Fraud Act, and the Government Fraud Law Enforcement Act of 1987: Hearing before the Committee on the Judiciary, United States Senate, One Hundredth Congress, second session on H.R. 3911 ... S. 1958 ... July 12, 1988. U.S. G.P.O., 1989.

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8

United States. Congress. Senate. Committee on the Judiciary. The Major Fraud Act, and the Government Fraud Law Enforcement Act of 1987: Hearing before the Committee on the Judiciary, United States Senate, One Hundredth Congress, second session on H.R. 3911 ... S. 1958 ... July 12, 1988. U.S. G.P.O., 1989.

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9

United States. Congress. Senate. Committee on the Judiciary. The Major Fraud Act, and the Government Fraud Law Enforcement Act of 1987: Hearing before the Committee on the Judiciary, United States Senate, One Hundredth Congress, second session on H.R. 3911 ... S. 1958 ... July 12, 1988. U.S. G.P.O., 1989.

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10

United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime. Major Fraud Act of 1988: Hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, first and second sessions on H.R. 3500 and H.R. 3911 ... December 3, 1987, and March 16, 1988. U.S. G.P.O., 1989.

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Crime, United States Congress House Committee on the Judiciary Subcommittee on. Major Fraud Act of 1988: Hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, first and second sessions on H.R. 3500 and H.R. 3911 ... December 3, 1987, and March 16, 1988. U.S. G.P.O., 1989.

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12

Office, General Accounting. Tongass National Forest: Contractual modification requirements of the Tongass Timber Reform Act : report to Congressional Committees. U.S. General Accounting Office, 1991.

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13

Kaye, Peter. The new private international law of contract of the European Community: Implementation of the EEC's Contractual Obligations Convention in England and Wales under the Contracts (Applicable Law) Act 1990. Dartmouth, 1993.

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14

Peter, Kaye. The new private international law of contract of the European Community: Implementation of the EEC's Contractual Obligations Convention in England and Wales under the Contracts (Application Law) Act 1990. Dartmouth Pub. Co., 1993.

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15

Munagorri, Rafael Encinas de. L' acte unilatéral dans les rapports contractuels. L.G.D.J., 1996.

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16

Guimarães, Ana Luísa. O carácter excepcional do acto administrativo contractual: No Código dos contratos públicos. Almedina, 2012.

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17

Substance abuse in the 90's: Drug testing laws, contractual obligations and the Americans with disabilities act. Merit Shop Foundation, 1992.

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18

The Finance Act 1995 (Contractual Savings Schemes) (Appointed Day) Order 1995 (Statutory Instruments: 1995: 1778 (C.35)). Stationery Office Books, 1995.

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19

Tudsri, Pattarapas, and Angkanawadee Pinkaew. Formation of Contract, Enforceability, and Pre-Contractual Liability in Thailand. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0019.

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This chapter examines issues concerning the formation of contract under Thai law. It discusses the background to the Thai Civil and Commercial Code 1925 and the French and German influences on its drafting. The chapter examines the interpretation of intention, which is integral to the notion of a juristic act for creation of contractual obligations. The direction to discern true intention, combined with notions of fictitious intention and concealed juristic act, enables a court to re-characterize transactions according to their true intention. Through the power to ‘transform a void act’, a cou

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20

Henry G, Burnett, and Bret Louis-Alexis. Part IV Law and Applicable Principles, 18 Substantive Contractual Principles. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198757641.003.0018.

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The mining industry relies on a myriad of contractual agreements to organize relations between the different actors involved in mining projects and transactions. It follows naturally that international mining disputes will often concern the respective obligations of the different parties involved in these agreements. This chapter discusses the principal substantive principles applicable to international contractual mining disputes. It notes the importance of considering the applicable law when drafting an agreement. It pays particular attention to the principles invoked by parties seeking to a

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21

Phetchareon, Oros. Carriage of Goods by Sea Act 1992: Transfer of contractual rights and balance of position between shipper, cargo-owner and carrier. 1996.

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22

Gerard, McMeel. Part III Particular Contractual Provisions, 21 Exemption Clauses and Unfair Contract Terms. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0021.

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This chapter focuses on exemption clauses. Particular attention is placed on the detailed rules of construction still applicable to exemption clauses. Moreover, the chapter considers the statutory interventions in this field in the shape of the Unfair Contract Terms Act 1977 and Part 2 of the Consumer Rights Act 2015 (superseding the Unfair Terms in Consumer Contracts Regulations 1999). Since these statutory interventions there has been a marked tendency to construe exemption clauses in commercial agreements in a more realistic way. This is especially prevalent where the parties are of relativ

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23

Gerard, McMeel. Part III Particular Contractual Provisions, 22 Change of Circumstances and ‘ Force Majeure ’ Clauses. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0022.

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This chapter looks at regimes for change of circumstances and other future events which have an impact on performance. These are universally known as force majeure provisions. Such clauses opt out of the narrow and uncertain scope of the common law doctrine of frustration. They avoid the common law rule that any element of choice or election as to which contracts to perform is incompatible with frustration. The parties can design their own remedial scheme, including suspension of performance (if appropriate) as well as complete relief from the obligation to perform. Furthermore, they can make

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24

Gerard, McMeel. Part II Related Doctrines, 11 New Horizons: Good Faith, Contractual Discretions, and Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0011.

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This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the Euro

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25

David, Horton. III Trust Arbitration as a Matter of National Law, 9 Donative Trusts and the United States Federal Arbitration Act. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0009.

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This chapter considers whether and to what extent internal trust arbitration falls under the auspices the Federal Arbitration Act (FAA). It begins by comparing the evolution of contractual arbitration under the FAA to trust arbitration under state law. It then explains why these parallel developments are on a collision course. Specifically, it argues that some arbitration provisions in trusts trigger section 2 of the FAA because they arise from contract-like instruments that affect commerce and because the parties’ conduct gives rise to an implicit agreement to arbitrate. Finally, the chapter

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26

Marcus, Smith, and Leslie Nico. Part I The Nature of Intangible Property, 5 Rights Under a Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0005.

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This chapter studies rights under a contract. Contractual rights exist between, and are only enforceable by, the parties to the contract. In other words, contractual rights and obligations are essentially bilateral. Two principles of the common law tend to prevent third parties from enforcing the contract: a contract for the benefit of a third party cannot be enforced directly by that party; the promise cannot be indirectly enforced by the contracting party. The chapter then considers the statutory exception to the rule that exists in the shape of the Contracts (Rights of Third Parties) Act 19

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27

Campbell, David. Contractual Relations. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198855156.001.0001.

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Abstract This book demonstrates that economic exchange and legal contract rest on a moral relationship by which each party recognises the autonomy of the other. Through this relationship of mutual recognition, the parties each pursue their legitimate self-interest by the persuasion of the other. Consciousness of this essential relationship is in stark contrast to the alienated belief in solipsistic self-interest that is central to the classical law of contract. Given such belief, it seems justified to take a purely instrumental attitude towards the other party to a contract. But such an attitu

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28

MG, Bridge. Part I International Sales Governed by English Law, 7 Passing of Property and Risk. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792703.003.0007.

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This chapter looks at the passing of property and the risks involved. The passing of property (or ownership) to the buyer is of vital interest in both domestic law and the international law of sale. The law of sale, as codified by the Sale of Goods Act, is a combination of contract and conveyance. The latter part — the conveyance — is the passing of property. In the Act itself, the passing of property is important in defining the moment when risk is transferred. The significance of risk is that, when transferred to the buyer, it determines the contractual rights of the seller and buyer if ther

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29

Hill, Jonathan. 4. Contractual obligations. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0004.

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This chapter deals with contract disputes which have foreign elements that come before the English court: one or both of the parties may be foreign; the making or performance of the contract may be connected with a number of foreign countries. In this type of case which law is the court to apply? The general principle is that every international contract has a governing law — known at common law as the ‘proper law’and under EU law as the ‘applicable law’. Subject to certain limitations, parties to a contract are free to choose the applicable law; if the parties fail to make a choice, the gover

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30

Richard, Calnan. Principles of Contractual Interpretation. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792307.001.0001.

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The purpose of the book is to state the principles which guide anyone who has to interpret contracts. The interpretation of contracts is an art, not a science, and it is ultimately a matter of judgment about which two perfectly reasonable people can have quite different views. It is therefore important to understand the different approaches to interpretation. The outcome of cases concerning the interpretation of contracts is notoriously difficult to predict. The book explains why this is so and attempts to give guidance to those who interpret contracts. The book also considers related concepts

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31

Charles, Proctor. Part E Guarantees and Security, 27 Security—Characterization, Formalities, and Registration. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0027.

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This chapter discusses some general issues concerning the various forms of security available to banks. It covers the contractual nature of security; when a particular arrangement can be characterized as a security interest; the scope and extent of the security; Part 25 of the Companies Act 2006; and rules for foreign assets and foreign companies.

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32

John, Virgo. Part VII Bringing and Defending Claims, 23 Defences. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198705956.003.0023.

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This chapter first considers the available defences (both complete and partial) to claims for the mis-selling of financial products. It then discusses the provisions of the Limitation Act 1980; the concept of causation; situations in which contributory negligence may arise; circumstances in which recourse for contribution may be available against third parties where a defendant becomes exposed to a claim for mis-selling; and the defence of contractual estoppel.

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33

Gabriel Kuri: With Personal Thanks to Their Contractual Thingness. Aspen Art Press, 2015.

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34

Roger, Halson. 6 Specific Contracts and Contractual Provisions. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198785132.003.0006.

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This chapter examines specific contract types where stipulated damages provisions are frequently used, and thus will overlap with some material in the preceding chapters. The contracts examined include: contracts of employment; construction and engineering contracts; ‘shipping’ contracts, including charterparties and boatbuilding contracts; pervasive forms of contractual terms found in different contractual sub genres, including so-called take or pay clauses, and provisions for the payment of interest at an enhanced rate. Notwithstanding the wide range of contracts surveyed, the chapter only s

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35

Roderick, Munday. 10 Legal Relations Between Principal and Third Party. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0010.

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This chapter considers how and when direct contractual relations are created. The primary purpose of agency is to bring principals and third parties into such relations. In the first section, disclosed agency is considered—that is, situations in which the third party is aware of the existence of a principal, whether that principal is identified or not. The second section deals with the more anomalous situation, where the agent acts for a principal whose very existence is concealed from the third party. Finally, the third section explores two exceptions to the principle, nemo dat quod non habet

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36

Charles T, Kotuby, and Sobota Luke A. Ch.2 Modern Applications of the General Principles of Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190642709.003.0002.

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The purpose of this chapter is to define the general principles of law as they have been applied in national courts and international tribunals. For instance, the very concept of the law requires good faith adherence to contractual obligations (pacta sunt servanda) and the good faith exercise of legal rights. States as well as private parties are also precluded from contradicting their actions (estoppel) or abusing their rights, thereby defeating the legitimate expectations of another. Nor may they benefit from their own wrong or be unjustly enriched at another’s expense. All parties are liabl

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37

Cabrelli, David. 8. Pay and Working Time. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0008.

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This chapter examines the statutory regulation of the wage–work bargain and the working conditions of ‘employees’ and ‘workers’, analysing their historical background and the justifications for their introduction. It covers the rights conferred on employees and workers under the National Minimum Wage Act 1998 and the Working Time Regulations 1998, including working time rights and the right to annual leave. Both laws have the capacity to over-ride the mutually agreed contractual arrangements struck by the parties. The chapter also addresses the provisions of the Employment Rights Act 1996 rela

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38

Emir, Astra. 5. Equal Pay. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198814849.003.0005.

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This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.

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39

Dana, Schweigelová. 10 Czech Republic. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0010.

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This chapter provides an overview of the legal framework of set-off in the Czech Republic both outside and within the context of insolvency. In the Czech Republic, set-off rights are regulated exclusively by statutory law. General regulations on set-off arrangements are laid down in Sections 1982–1991 of the Czech Civil Code. Other laws relevant to set-off are the Business Corporations Act, the Capital Markets Act, the Financial Collateral Act, and the Act on Insolvency. The chapter first examines set-off between solvent parties, taking into account general regulations, specific regulations un

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40

Craig, Paul, and Gráinne de Búrca. 16. Damages Actions and Money Claims. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0016.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Article 340 of the Treaty on the Functioning of the European Union (TFEU) governs compensation against the EU. It leaves the Court of Justice of the European Union with considerable room for interpretation, and directs it to consider the general principles common to the laws of the Member States. The key issue is the test for liability where losses are caused by EU acts that are illegal. The Court has fashioned

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41

Woods, Lorna, Philippa Watson, and Marios Costa. Steiner & Woods EU Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198795612.001.0001.

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Now in its thirteenth edition, Steiner & Woods EU Law is regarded as a trusted EU law book. The book offers a careful blend of institutional and substantive coverage and focuses on explaining the law clearly, as well as raising areas for debate. Part I of the book charts a brief history of the development of the European Union, looks at the institutions of the Union, EU law and general principles of law. Part II provides a framework of enforcement, looks at remedies in national courts, state liability, preliminary references, direct action for annulment, action for failure to act and union

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42

Gerard, McMeel. Part III Particular Contractual Provisions, 25 Time Stipulations. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0025.

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This chapter examines contractual timetables, which are a significant source of disputes. The rules here involve issues of performance, breach, and remedies. The question whether or not time is of the essence moreover lies at the heart of this topic. In the modern law this generally equates to the question whether as a matter of construction or characterization a particular (time) stipulation is a condition or fundamental term, such as to justify termination by the other party in the event of breach. In addition, a distinct power exists where time is not initially of the essence (or it is uncl

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43

Jefferson, Michael. 9. Unfair dismissal. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198759157.003.0009.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on unfair dismissal. The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, a statutory ban, or some other substantial reason of a kind to justify the dismissal. An employer must act reasonably in treating a reason as sufficient for dismissal. It should be guided by the AC

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44

Jefferson, Michael. 9. Unfair dismissal. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815167.003.0009.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on unfair dismissal. The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, a statutory ban, or some other substantial reason of a kind to justify the dismissal. An employer must act reasonably in treating a reason as sufficient for dismissal. It should be guided by the AC

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45

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0089.

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This commentary focuses on Article 5.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the determination of the quality of performance. Under Art 5.1.6, where the quality of performance is neither fixed by, nor determinable from, the contract, a party is bound to render a performance of a quality that is reasonable and not less than average in the circumstances. The provision is a specific application of one of the general underlying principles of the PICC: the idea of favor contractus. This commentary discusses the priority of the general rules of contract

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46

Magda, Raczynska. 1 The Structure of Interests in Property in Commercial Transactions. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0002.

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This chapter discusses the legal structure of property interests in commercial transactions, first by explaining the relevant legal concepts such as the distinction between property rights and personal rights. It proceeds by considering contractual rights and how property as assets differ from property as interests in assets. It then examines the key forms and purposes of key proprietary interests, noting that parties that enter into commercial transactions create proprietary interests and personal obligations, namely: contracts of sale with retention-of-title clause, title-based interests (hi

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47

Monaghan, Nicola. 2. Actus reus. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0002.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the actus reus elements of a criminal offence. The actus reus of an offence may involve an act or omission (conduct crimes); certain consequences being caused (result crimes); or the existence of surrounding circumstances (‘state of affairs’ crimes); it must be voluntarily performed. There is generally

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48

Sheikh, Saleem, and Susan Singleton. Commercial Contracts: A Practical Guide to Standard Terms. 6th ed. Bloomsbury Publishing Plc, 2025. https://doi.org/10.5040/9781526525246.

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Commercial Contracts: A Practical Guide to Standard Terms is an essential resource for commercial contract drafters, providing useful background and detailed advice on the law surrounding a wide range of agreements, and assisting the drafter in preparing watertight legal agreements. The Sixth Edition is fully updated to include: - Implications of force majeure and material adverse change - Revised Incoterms 2020 - Impact of sanctions on imports and exports - Smart legal contracts - Consumer reforms for online shopping - Liability and exclusion clauses - Contractual interpretation - Commission

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49

Ruth I, Wahl. 7 Canada. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0007.

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This chapter discusses the law of set-off in Canada both outside and within insolvency. The law relating to set-off is very similar throughout Canada's provinces except Quebec. Set-off is thus a matter of provincial law in general and determining whether a set-off claim is valid and enforceable will depend on the law of the province where such claim is being asserted. The chapter first provides an overview of set-off between solvent parties in Canada, focusing on legal set-off, equitable set-off, statutory set-off, contractual set-off, set-off in relation to subsidiaries, and the right of set-

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50

Ewa, Butkiewicz, and Barłowski Michał. 24 Poland. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0024.

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This chapter provides an overview of the law of set-off in Poland, both outside and within the context of insolvency. Under Polish civil law, set-off is recognised as a means of meeting liabilities. It fulfils a number of functions in law, including payment and guarantee (collateral) functions. Aside from statutory set-off, a contractual set-off in trade, known as compensation (netting), exists in Poland. The chapter first considers set-off between solvent parties, focusing on statutory set-off, bank set-off, and provisions in the Act on Certain Financial Collateral Instruments that are releva

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