Protecting the Integrity of a Written Agreement

Protecting the Integrity of a Written Agreement PDF

Author: Andreas Müller

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9789460948107

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This book offers a comprehensive comparative overview of the effect of pre-contractual statements and agreements and post-contractual informal modifications of written contracts. It gives an in-depth analysis of the respective case law and scholarly writing of four different jurisdictions - the US, England, Germany, and Switzerland - as well as five uniform instruments - the Contracts for the International Sale of Goods, Principles of International Commercial Contracts, Principles of European Contract Law, Draft Common Frame of Reference, and Common European Sales Law - showing differences and commonalities. The topics covered include comparative contract law, modifications of (written) contracts, the parol evidence rule, merger clauses, entire agreement clauses, integration clauses, no oral modification clauses, the presumption of accuracy and completeness of a written contract, and the integrative effect of a written agreement. The book provides guidance for drafting written contracts and will be of interest to practitioners and academics interested in comparative contract law. (Series: International Commerce and Arbitration [ICA] - Vol. 14)

Protecting the Integrity of a Written Agreement

Protecting the Integrity of a Written Agreement PDF

Author: Andreas Müller

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9789462360730

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This book offers a comprehensive comparative overview of the effect of pre-contractual statements and agreements and post-contractual informal modifications of written contracts. It gives an in-depth analysis of case law in the US, England, Germany and Switzerland and international instruments such as the CISG, PICC, PECL, DCFR and CESL, showing differences and commonalities.

Elements of Contract Interpretation

Elements of Contract Interpretation PDF

Author: Steven J. Burton

Publisher: Oxford University Press

Published: 2009

Total Pages: 251

ISBN-13: 0195337492

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This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.

Protecting the Integrity of the Entity-Specific Contract

Protecting the Integrity of the Entity-Specific Contract PDF

Author: Glenn D. West

Publisher:

Published: 2019

Total Pages: 36

ISBN-13:

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When business lawyers form corporations and other limited-liability entities to be the specified contracting party to a written agreement, they generally assume that the contracting entity's parent and affiliates will be insulated from the obligations and risks incurred in connection with that entity-specific contract. Too often, this assumption, which is based solely upon the protection provided through the modern limited-liability regimes created by various state statutes, is challenged by equitable and tort-based theories asserted by a disappointed counterparty seeking recourse from persons with whom it did not contract. These challenges are successful more often than is sometimes thought. The authors believe that the owners, directors, and officers of limited-liability entities would obtain substantial benefit from supplementing the limited liability granted through statute with a specifically negotiated contractual provision. While the “no recourse against others” clause commonly found in corporate indentures is a helpful starting point for developing such a provision, this clause may not be as effective against the modern threats to limited liability as some may think because it was originally created to guard against threats that have been largely assigned to the history vaults. Accordingly, consistent with the private equity industry's modern adaptation of this clause in the context of the documentation of mergers and acquisitions, the authors propose an overhaul of the historical “no recourse against others” clause and an expansion of the use of this updated and modernized clause to all entity-specific contracts.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Reforming Corporate Retail Investor Protection

Reforming Corporate Retail Investor Protection PDF

Author: Diane Bugeja

Publisher: Bloomsbury Publishing

Published: 2019-12-12

Total Pages: 256

ISBN-13: 1509925872

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The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.

Handbook of Personal Data Protection

Handbook of Personal Data Protection PDF

Author: Wayne Madsen

Publisher: Springer

Published: 1992-07-07

Total Pages: 1043

ISBN-13: 1349128066

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Although the concept of personal data protection began in Europe in the early 1970s, data protection legislation has been adopted in many countries. In Europe there is a wide divergence of policies between members of the EC, non-EC members and the new democracies of Eastern Europe. This volume explains these differences and also, uniquely, focuses on the abuses of personal data in the developing nations of Latin America, Asia and Africa. It also includes the latest national and international laws, initiatives and guidelines on personal data protection. It is the first reference work to combine these various documents in a single volume source.

Fostering Integrity in Research

Fostering Integrity in Research PDF

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2018-01-13

Total Pages: 327

ISBN-13: 0309391253

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The integrity of knowledge that emerges from research is based on individual and collective adherence to core values of objectivity, honesty, openness, fairness, accountability, and stewardship. Integrity in science means that the organizations in which research is conducted encourage those involved to exemplify these values in every step of the research process. Understanding the dynamics that support â€" or distort â€" practices that uphold the integrity of research by all participants ensures that the research enterprise advances knowledge. The 1992 report Responsible Science: Ensuring the Integrity of the Research Process evaluated issues related to scientific responsibility and the conduct of research. It provided a valuable service in describing and analyzing a very complicated set of issues, and has served as a crucial basis for thinking about research integrity for more than two decades. However, as experience has accumulated with various forms of research misconduct, detrimental research practices, and other forms of misconduct, as subsequent empirical research has revealed more about the nature of scientific misconduct, and because technological and social changes have altered the environment in which science is conducted, it is clear that the framework established more than two decades ago needs to be updated. Responsible Science served as a valuable benchmark to set the context for this most recent analysis and to help guide the committee's thought process. Fostering Integrity in Research identifies best practices in research and recommends practical options for discouraging and addressing research misconduct and detrimental research practices.

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