Books: 'Termination by agreement'

1

(China), Tibet. Facts about the 17-Point "Agreement" between Tibet and China. Dharamsala: DIIR Publications, 2007.

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2

Service, United States Forest. Master agreement between FS and NFFE: Effective date, February 25, 1993 : termination date, February 24, 1996. Washington, D.C.?]: U.S. Dept. of Agriculture, Forest Service, 1996.

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3

Service, United States Forest. Master agreement between FS and NFFE: Effective date, May 6, 1996 : termination date, May 5, 1999. Washington, D.C.]: U.S. Dept. of Agriculture, Forest Service, 1996.

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4

Greece. Termination: Agreement between the United States of America and Greece, effected by exchange of notes, dated at Athens January 17 and February 22, 1995. Washington, D.C: Dept. of State, 1999.

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5

Greece. Termination: Agreement between the United States of America and Greece, effected by exchange of notes, dated at Athens January 17 and February 22, 1995. Washington, D.C: Dept. of State, 1999.

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6

Greece. Termination: Agreement between the United States of America and Greece, effected by exchange of notes, dated at Athens January 17 and February 22, 1995. Washington, D.C: Dept. of State, 1999.

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7

Leader, Laurie E. Drafting employment and termination agreements. New York, NY: M. Bender, 1993.

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8

Canada. Dept. of External Affairs. Commonwealth telecommunications: Commonwealth Telecommunications Organization Financial Agreement : Commonwealth Telecommunications Organization Terminating Agreement. S.l: s.n, 1989.

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9

Willem Maurits Visser 't Hooft. Japanese contract law and anti-trust law and the unilateral termination of distribution agreements. Leiden: Universiteit Leiden, 2000.

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10

Siam. Khwāmtoklong sombūnbǣp phư̄a lœ̄k sathāna songkhrām rawāng Prathēt Thai kap Britēn Yai læ ʻIndīa, læ čhotmāihēt lǣkplīan rawāng Prathēt Thai kap ʻŌ̜tsatrēlīa phư̄a thī čha lœ̄k sathāna songkhrām, longnām kan na Singkhapō wan thī 1 Makarākhom 2489: Formal agreement for the termination of the state of war between Siam and Great Britain and India, and exchange notes between the Siamese government and Australia with a view to terminating of the state of war, signed at Singapore on 1st January 1946. [Bangkok: s.n., 1989.

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11

Siam. Khwāmtoklong sombūnbǣp phư̄a lœ̄k sathāna songkhrām rawāng Prathēt Thai kap Britēn Yai læ ʻIndīa, læ čhotmāihēt lǣkplīan rawāng Prathēt Thai kap ʻŌ̜tsatrēlīa phư̄a thī čha lœ̄k sathāna songkhrām, longnām kan na Singkhapō wan thī 1 Makarākhom 2489: Formal agreement for the termination of the state of war between Siam and Great Britain and India, and exchange notes between the Siamese government and Australia with a view to terminating of the state of war, signed at Singapore on 1st January 1946. [Bangkok: s.n., 1989.

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12

Termination of Independent Contractor Agreement. Naperville: Sourcebooks, Inc., 2006.

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13

Lord, McNair. Part V Termination of Treaties, Ch.XXXI Termination by Agreement of Both or All Parties. Oxford University Press, 1986. http://dx.doi.org/10.1093/law/9780198251521.003.0031.

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14

Center for Public Resources (New York, N.Y.) and CPR Legal Program, eds. Employment termination dispute resolution agreement and procedure: Model ADR procedures. New York, N.Y. (366 Madison Ave., New York 10017): Center for Public Resources, 1990.

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15

Roderick, Munday. 13 Termination of Agency. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0013.

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This chapter considers both how agencies come to be terminated, and the effects of termination. In the ordinary course of events, as between principal and agent, an agency will come to an end because the parties so wish it. As a general rule, parties whose legal relations derive from agreement are at liberty to release one another from their obligations. Certain agencies, however, are treated as irrevocable, and cannot be freely revoked. An agency may also be terminated by operation of law, independently of the will of the parties. These two species of liability are therefore treated separately in this chapter.

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16

Central Tibetan Administration-in-Exile (India). Dept. of Information and International Relations., ed. Facts about the 17-point "agreement" between Tibet and China. Dharamsala, H.P: The Dept., 2001.

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17

Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 3 The Arbitration Agreement. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0003.

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This chapter discusses the notion, content, and effects of the arbitration agreement, defined as an agreement to submit to arbitration all or certain disputes that have arisen or may arise between the parties in respect of a defined legal relationship, whether contractual or not, which may be in the form of a clause in a contract or of a separate ‘submission agreement’ (compromis arbitral). The chapter examines the principle of separability and the requirements for the validity of the arbitration agreement, namely arbitrability, written form, and substantive validity, including the agreement’s formation, interpretation, extension to third parties, and termination. Finally, it discusses to what extent defects of the arbitration agreement can be remedied by conduct.

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18

Markus S, Rieder, and Kreindler Richard. 2 The Arbitration Agreement. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199676811.003.0002.

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This chapter explores the arbitration agreement from a variety of perspectives, first looking at the required content and the validity of an arbitration agreement. As an agreement, it is subject to grounds before invalidity and, once found valid, subject to interpretation. In order to qualify as an arbitration agreement, it must relate to a dispute within a defined legal relationship and must provide for arbitration for binding conflict resolution. The chapter then outlines the scope, effects, and issues of the termination of an arbitration agreement. Under German practice, the personal scope of the arbitration agreement extends to its parties, and in certain limited circumstances, it may also extend to third parties. The chapter concludes with typical additional contents of arbitration agreements, in particular with regard to the place of arbitration, the language of the proceedings, the selection of the applicable substantive law, and the selection ad hoc or institutional arbitration.

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19

H, Tolson Robert, and Langley Research Center, eds. Magellan aerodynamic characteristics during the termination experiment including thruster plume-free stream interaction: Under cooperative agreement NCC1-104. Hampton, Va: National Aeronautics and Space Administration, Langley Research Center, 1998.

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20

Serena, Forlati. Part IV Invalidity and Termination of Treaties, 19 Coercion as a Ground Affecting the Validity of Peace Treaties. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0019.

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The rule enshrined in Article 52 of the Vienna Convention is not a mere statement of principle: international practice confirms that it reflects a customary rule which, however, does not play a significant role as regards coerced peace treaties. Cases such as those concerning the Lusaka Ceasefire Agreement between Congo and Uganda or the Military and Technical Agreement between Serbia and KFOR show that victims of coercion tend to waive their claim as to the validity of peace treaties, since they have a strong interest in their implementation. The possibility of such a waiver is discussed in the light of Article 45 of the Vienna Convention and of the peremptory nature of the prohibition of the use of force.

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21

1946-, Richmond Diana, Pickus Bob, Clancy Colleen, and Hargrove John O, eds. California marital termination agreements. Berkeley, CA: California Continuing Education of the Bar, 1988.

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22

Stefan, Vogenauer. Ch.2 Formation and authority of agents, Formation IV: Arts 2.1.17–2.1.18—Integrity of writing, Art.2.1.18. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0034.

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This commentary focuses on Article 2.1.18 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contract modification in a particular form. International commercial contracts often contain a ‘no oral modification’ clause (or ‘no variation except in writing’ clause). Such clauses require that subsequent agreements to modify the terms of the contract or to terminate the contractual relationship be in a specified form, normally in writing. The purpose of ‘no oral modification’ clauses is to protect the integrity of the writing even after the contract has been concluded. Art 2.1.18 stipulates that a contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated. This commentary discusses an exception from the strict enforcement of ‘no oral modification’ clauses.

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23

Mark, Mangan, Reed Lucy, and Choong John. 9 Jurisdiction of the Tribunal. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199657216.003.0009.

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This chapter discusses the jurisdiction of the Tribunal in the Singapore International Arbitration Centre (SIAC) arbitration. SIAC Rule 25 confirms the power of the Tribunal to rule on its own jurisdiction with respect to the existence, termination, or validity of the arbitration agreement. If a party objects to the existence or validity of the arbitration agreement, or to the competence of SIAC to administer arbitration, a plea that the Tribunal is exceeding the scope of its jurisdiction shall be raised promptly after the Tribunal has indicated its intention to decide on the matter believed to be beyond the scope of its jurisdiction.

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24

Alessandra, Gianelli. Part IV Invalidity and Termination of Treaties, 20 Absolute Invalidity of Treaties and Their Non-Recognition by Third States. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0020.

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The 1969 Vienna Convention leaves to States parties a treaty invalid because of its conflict with a peremptory norm the initiative, and the choice of having the International Court of Justice declare the invalidity or of reaching an agreement to the same result. The Vienna Convention provides a similar solution with regard to the invalidity of treaties concluded as a result of coercion. According to widespread opinion, third States may not consider those treaties invalid independently from the parties' action. This outcome is particularly problematic, given that both are cases of so-called absolute invalidity, where nullity is the consequence of a contrast with rules of fundamental importance in contemporary international law. This chapter explores ways in which third States may invoke such an absolute invalidity, reaching the conclusion that through the well-established practice of non-recognition States have long declared their intention to consider treaties in such cases invalid, notwithstanding any lack of initiative of the States parties.

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25

McKendrick, Ewan. Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198808169.001.0001.

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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 40% text to 60% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.

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26

McKendrick, Ewan. Contract Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855293.001.0001.

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Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 60% text to 40% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.

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27

Authority, Boston Redevelopment. Amendments to report and decision authorizing: 1) the separation of the prudential project under m.g.l. chapter 121a and st. 1960, c. 652, as amended into the "residential project: and the "redevelopment project" and 2) the termination of the chapter 121a status of the redevelopment project. 1990.

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28

Chen-Wishart, Mindy. Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806356.001.0001.

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Contract Law offers a new approach, utilising diagrams to complement the text. The book explains the intricacies of contract law and the questions that arise during the life of a contract. Part I of the book explains what contract law is and defines its scope. Part II of the book looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties. Part IV considers the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V analyses the terms of contracts: express, implied, collateral, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the remedies of termination, damages, and specific and agreed remedies. Part VII examines good faith in current contract law.

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29

Markus S, Rieder, and Kreindler Richard. 3 The Arbitral Tribunal. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199676811.003.0003.

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This chapter examines the arbitral tribunal which resolves dispute by way of arbitration. It discusses the number of arbitrators, the procedure of appointing arbitrators, the selection of arbitrators, the challenge, termination of the office and replacement of arbitrators, as well as the arbitrator agreement — a topic that has more attention in Germany than in other jurisdictions. The study is important as the arbitral tribunal is one of the most important strategic steps in any arbitration. In most cases, the parties and their counsel to believe that picking the right panel is a preeminent precondition for achieving the desired outcome. The chapter describes how under German law, the principles of independence and impartiality of an arbitration are non-derogable cornerstones of any arbitral proceedings. Essentially, they form part of the German procedural ordre public which are considered indispensable constitutional requirements in order for arbitral proceedings to be equivalent to state court litigation.

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30

Jeswald W, Salacuse. 14 Investment Treaty Exceptions, Modifications, and Terminations. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0014.

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This chapter considers the investment treaty devices of exceptions, modifications, and terminations. A state can encounter tensions between its perceived national interests and its requested or ratified treaty obligations in the negotiation and implementation of treaties. It has three basic devices to mediate these tensions. The first, which is employed as part of the negotiating process, is to create specific exceptions in the treaty to assure a host state sufficient latitude of action for the future. The other two, which are invoked after the investment treaty enters into effect, are for a state to modify the treaty provisions by agreement with other contracting parties or to terminate participation in the treaty and thus end its international investment obligations.

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31

Frank, Burkhardt. Part II Commentaries to Typical Sofa Rules, 33 Termination. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808404.003.0033.

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This chapter discusses the denunciation and termination of status-of-forces agreements (SOFAs). Art. 54 of the Vienna Convention on the Law of Treaties requires as a general prerequisite that all signatories of an international treaty have to be informed if one of the signatories wants to withdraw from the treaty. According to Art. XIX (2) NATO SOFA the US government as the Depositary has to be informed about the decision to withdraw and it shall notify such denunciation to all other Parties. According to Art. XIX (3) NATO SOFA the period until a denunciation takes effect is one year.

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32

Louis, Fisher. Seven Foreign Affairs. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780199856213.003.0007.

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This chapter focuses on the foreign policy powers of Congress. The discussions cover treaty power; the role of the House; treaty termination and reinterpretation; executive agreements; ambassadors and recognition policy; the right to travel; and the power to exclude aliens.

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33

Morse, Geoffrey, and Thomas Braithwaite. Partnership and LLP Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198832799.001.0001.

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This book explains the legal framework within which partnerships, limited partnerships, and limited liability partnerships (LLPs) operate in England and Wales. In relation to partnerships, it deals first with the characteristics and essential elements for a partnership to exist; the distinction between partners, creditors, and employees; and the interaction between partnerships and public regulation. The book then deals with the two major consequences of a partnership, the liability of partners to third parties for actions taken by their fellow partners and the duties and liability of each partner to the other partners. It then identifies and explores the assets which have become partnership property. The issues relating to dissolution follow, setting out how a partnership may be dissolved (in full or in part) and the procedures to effect that. The impact of the insolvency of the firm and/or bankruptcy of the partners is covered. The rapid rise of the use of limited partnerships is explained together with the modifications to partnership law and the creation of private fund limited partnerships. In relation to LLPs, after setting out the background to the legislation and explaining its structure, it examines the requirements for the creation of LLPs, how they are incorporated, and the consequences of their incorporation as separate legal entities. It then explores what membership of an LLP entails, including the interrelation of membership with employment and worker status, and the relations between members and the LLP and between the members themselves. It then looks at the default provisions, the role of the LLP Agreement, and the extent to which contractual doctrines such as repudiation and frustration apply to that agreement. Finally, the book looks at decision-making within an LLP, termination of a member’s membership, and insolvency and dissolution of the LLP itself.

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34

MG, Bridge. Part I International Sales Governed by English Law, 9 Remedies: Termination and Damages. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792703.003.0009.

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This chapter deals with remedies for breach of contract to the extent that they have a particular application to international sale of goods agreements. Attention is given to termination for breach and damages. Even here, however, certain aspects (for example, penalty clauses) are left to general works on contract and sale of goods. This chapter also examines clauses in standard form contracts dealing with the quantification of money awards; they commonly depart from the common law and statutory basis for assessing damages. In addition, though they fall outside breach of contract, the chapter also looks to certain settlement clauses, operative in the event of an insolvency or of a circle appearing in the sales string.

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35

J, Messing Ellen, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Drafting termination documents: Specific strategies for employers and employees in drafting separation and postseparation agreements and forms. Boston, MA (10 Winter Pl., Boston 02108-4751): Massachusetts Continuing Legal Education, 1996.

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36

Dealer relations and dealer terminations: What the generalist needs to know about distribution agreements (91-04.28). Boston, MA (20 West St., Boston 02111): Massachusetts Continuing Legal Education, 1991.

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37

Meroney, Lundburg Millicent, ed. Negotiating and drafting employment agreements: Leading lawyers on terms of employment, restrictive covenants, termination provisions, and other key elements. [Boston, Mass.?]: Aspatore Books, 2008.

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38

Minnesota. Dept. of Revenue., ed. Report on the advisability of terminating individual income tax reciprocity with the state of Wisconsin. [St. Paul, Minn.]: Minnesota Dept. of Revenue, 2002.

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39

Francisco, Garcimartín. Part III Europe, 14 Derivatives in Cross-Border Insolvency Proceedings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0014.

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This chapter defines derivatives as a starting point and looks at how they work. Traditionally, they have enjoyed privileged status in an insolvency scenario, both at the substantive-law level and at the conflict-of-laws level. The chapter describes how the new resolution framework has reduced that privileged status and ‘re-routed’ those financial agreements to general principles of insolvency law, in particular as regards the ‘ipso facto clause’ and other termination rights, and explains its reasons. This raises the question of whether that privileged status must be kept and the resolution scenario must be qualified as an exception to it, or conversely whether this is just a first step to reconsidering the whole approach.

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40

Bergman, Torbjörn, Gabriella Ilonszki, and Wolfgang C. Müller, eds. Coalition Governance in Central Eastern Europe. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198844372.001.0001.

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Coalitions among political parties govern most of Europe’s parliamentary democracies. Traditionally, the study of coalition politics has been focused on Western Europe. Coalition governance in Central Eastern Europe brings the study of the full coalition life-cycle to a region that has undergone tremendous political transformation, but which has not been studied from this perspective. The volume covers Bulgaria, Estonia, the Czech Republic, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia, and Slovenia. It provides information and analyses of the cycle, from pre-electoral alliances to coalition formation and portfolio distribution, governing in coalitions, the stages that eventually lead to a government termination, and the electoral performance of coalition parties. In Central Eastern Europe, few single-party cabinets form and there have been only a few early elections. The evidence provided shows that coalition partners in the region write formal agreements (coalition agreements) to an extent that is similar to the patterns that we find in Western Europe, but also that they adhere less closely to these contracts. While the research on Western Europe tends to stress that coalition partners emphasize coalition compromise and mutual supervision, there is more evidence of ‘ministerial government’ by individual ministers and ministries. There are also a few coalition governance systems that are heavily dominated by the prime minister. No previous study has covered the full coalition life-cycle in all of the ten countries with as much detail. Systematic information is presented in 10 figures and in more than one hundred tables.

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41

Copy of agreements between District no. 18, U.M.W. of A. and the Western Coal Operations Association, affecting the companies as is mentioned: Crow's Nest Pass Coal Co., Limited, Fernie, B.C. International Coal & Coke Co., Coleman, Alta., Canadian Collieries Co., Blairmore, Alta., Canadian-American Coal Co., Frank , Alta., Breckenridge & Lund Coal Co., Lundbreck, Alta., H.L. McNeill Co., Edmonton, Alta., Pacific Coal Co., Bankhead, Alta., terminating March 31st, 1909. [Calgary?: s.n., 1995.

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Books on the topic 'Termination by agreement'

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