Jump to ContentJump to Main Navigation

You are looking at 1-16 of 16 items

  • Keywords: fair dealing x
Clear All Modify Search

View:

Good Faith

Hector L MacQueen

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0002
Subject:
Law, Company and Commercial Law

This chapter considers good faith in the Principles of European Contract Law (PECL). It explains that Article 1:201 of PECL declares that each party must act in accordance with good faith and fair ... More


Conflicts of Interest in Investment Services: The Price and Uncertain Impact of MiFID's Regulatory Framework

Luca Enriques

in Investor Protection in Europe: Corporate Law Making, The MiFID and Beyond

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199202911
eISBN:
9780191707964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202911.003.0011
Subject:
Law, Company and Commercial Law

The Markets in Financial Instruments Directive (MiFID) lays down organizational and conduct-of-business rules on conflicts of interest of investment firms and banks providing investment services. It ... More


Fair Use and Fair Dealing: Two Approaches to Limitations and Exceptions in Copyright Law

Shyamkrishna Balganesh and David Nimmer

in India as a Pioneer of Innovation

Published in print:
2017
Published Online:
April 2018
ISBN:
9780199476084
eISBN:
9780199090839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199476084.003.0006
Subject:
Business and Management, Innovation

Premised on realizing a balance between protection and access, ‘limitations and exceptions’ play an important role in the any copyright system. Jurisdictions around the world are generally thought to ... More


Introduction: Truman versus Congress

Larry Blomstedt

in Truman, Congress, and Korea: The Politics of America's First Undeclared War

Published in print:
2015
Published Online:
May 2016
ISBN:
9780813166117
eISBN:
9780813166391
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813166117.003.0001
Subject:
Political Science, International Relations and Politics

The introduction traces the history of Truman’s relationship with Congress from the end of World War II to the eve of the Korean War. Due to southern resistance to his Fair Deal initiatives, civil ... More


The Rights of Others

Darren Hudson Hick

in Artistic License: The Philosophical Problems of Copyright and Appropriation

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226460109
eISBN:
9780226460383
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226460383.003.0008
Subject:
Philosophy, Aesthetics

This chapter begins with a dissection of two legal doctrines limiting an author’s copyright: fair use and fair dealing. Where the former is notoriously loose, I argue, the latter is unwieldy (and ... More


From the Piratical to the Creative User

James Meese

in Authors, Users, and Pirates: Copyright Law and Subjectivity

Published in print:
2018
Published Online:
September 2018
ISBN:
9780262037440
eISBN:
9780262344517
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037440.003.0003
Subject:
Society and Culture, Technology and Society

The second chapter focuses on the user and examines how this subject has become an increasingly prominent element of copyright law across the twentieth century. After introducing the basics (and ... More


Good Faith and Fault in Contract Law

Jack Beatson and Daniel Friedman (eds)

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.001.0001
Subject:
Law, Law of Obligations

This chapter brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. ... More


Washington Lawyer

John Acacia

in Clark Clifford: The Wise Man of Washington

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125510
eISBN:
9780813135304
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125510.003.0008
Subject:
History, Military History

Clark Clifford's new office was only four blocks from the White House. Clifford took on but one partner, Edward H. Miller, a lawyer from the Justice Department whom Clifford knew from St. Louis. ... More


Afterword

Darren Hudson Hick

in Artistic License: The Philosophical Problems of Copyright and Appropriation

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226460109
eISBN:
9780226460383
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226460383.003.0010
Subject:
Philosophy, Aesthetics

After summarizing the argument from the preceding chapters, the afterword looks at some of the theoretical and practical implications that arise from the view offered. In particular, the afterword ... More


Authors, Users, and Pirates: Copyright Law and Subjectivity

James Meese

Published in print:
2018
Published Online:
September 2018
ISBN:
9780262037440
eISBN:
9780262344517
Item type:
book
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037440.001.0001
Subject:
Society and Culture, Technology and Society

How should we think about authorship, use and piracy in an era of media convergence? How does the growing focus on amateur creativity impact on existing legal and cultural understandings of around ... More


The Nature and Function of Exceptions to Copyright Infringement

Pascale Chapdelaine

in Copyright User Rights: Contracts and the Erosion of Property

Published in print:
2016
Published Online:
November 2017
ISBN:
9780198754794
eISBN:
9780191817557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754794.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter looks at the nature of exceptions to copyright infringement (e.g., fair use, fair dealing) and at how copyright user rights are often assimilated to exceptions to copyright infringement. ... More


Voice and the Employment Contract

Douglas Brodie

in Voices at Work: Continuity and Change in the Common Law World

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199683130
eISBN:
9780191763199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683130.003.0016
Subject:
Law, Employment Law, Company and Commercial Law

This chapter focuses on the common law of the employment contract and asks, given the decline in the significance of collective bargaining, whether it can offer a meaningful conduit for employee ... More


Coming to Terms with Good Faith

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The expression ‘good faith’ has several meanings. For the purposes of this chapter, it means that a contracting party must act in a manner which the contracting party reasonably believes is honest, ... More


New Delhi Challenges the Berne Convention

Prashant Reddy T. and Sumathi Chandrashekaran

in Create, Copy, Disrupt: India's Intellectual Property Dilemmas

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199470662
eISBN:
9780199088850
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199470662.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

One of the lesser known details of Indian copyright history is that the first copyright legislation introduced after Independence in 1955—the Copyright Bill, 1955—was actually in violation of India’s ... More


The Principle of Good Faith in Contract Law

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0052
Subject:
Law, Company and Commercial Law

It is a settled principle of contract law that a contracting party must perform her contractual duties in good faith. The meaning of the duty of good faith is complex. At a minimum, to be in good ... More


Relational Contracts

Douglas Brodie

in The Contract of Employment

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198783169
eISBN:
9780191826191
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783169.003.0007
Subject:
Law, Employment Law, Company and Commercial Law

In recent years there has been growing interest in the concept of a relational contract which has been defined as a ‘contract that involves not merely an exchange, but also a relationship between the ... More


View: