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Contractual Terms and their Performance

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0012
Subject:
Law, Legal History

This chapter shows that despite the pervasive language of freedom of contract in mid-19th-century England, consumers had little bargaining power over the terms of the contracts they entered into for ... More


Elements of Contract Interpretation

Steven J. Burton

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.001.0001
Subject:
Law, Law of Obligations

This book examines the American law of contract interpretation in detail. Intended primarily for lawyers, judges, legal scholars, and law students, the book focuses attention on the elements of ... More


Devils in the Details: Long-Term Infrastructure Contracts

Alasdair Roberts

in The Logic of Discipline: Global Capitalism and the Architecture of Government

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195374988
eISBN:
9780199776849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374988.003.0007
Subject:
Political Science, American Politics

This chapter focuses on the infrastructure crisis faced by many countries throughout the era of liberalization. Many governments experimented with a new method of infrastructure development: the ... More


Resolving Ambiguities

Steven J. Burton

in Elements of Contract Interpretation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.003.0005
Subject:
Law, Law of Obligations

This chapter examines how fact-finders may resolve a relevant ambiguity in a contract lawfully, thereby giving a term or the contract a meaning. It considers the roles of judges and juries and the ... More


Wrap Contracts: Foundations and Ramifications

Nancy Kim

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.001.0001
Subject:
Law, Company and Commercial Law

This book explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. It discusses court decisions ... More


Objective Contextual Interpretation

Steven J. Burton

in Elements of Contract Interpretation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.003.0006
Subject:
Law, Law of Obligations

This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which ... More


The Termination and Transformation of Employment Contracts

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199551750
eISBN:
9780191731013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551750.003.0007
Subject:
Law, Employment Law

This chapter completes the analysis of the legal construction of employment relations as contracts by concentrating on the termination of employment contracts and on the principal transformations ... More


The Regulation of Long-Term Contracts in English Law

Ewan Mckendrick

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0012
Subject:
Law, Law of Obligations

This chapter suggests that there may be a great need for adjustment in long-term contracts but the parties often insert force majeure, hardship, and other clauses intended to deal with change of ... More


Domestic Regulation

Peter Trepte

in Regulating Procurement: Understanding the Ends and Means of Public Procurement Regulation

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198267751
eISBN:
9780191683350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267751.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the application of the objectives of procurement regulation in the context of a domestic procurement system. It considers the ways in which the various objectives of procurement ... More


. Vertical Integration

NEIL M. KAY

in Pattern in Corporate Evolution

Published in print:
2000
Published Online:
October 2011
ISBN:
9780199242115
eISBN:
9780191697005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199242115.003.0003
Subject:
Business and Management, Strategy, Organization Studies

This chapter explores the nature of vertical integration. It also analyses the ability of transaction-cost economics to deal with vertical integration. The chapter begins by analysing the foundations ... More


Cover

MALCOLM CLARKE

in Policies and Perceptions of Insurance Law in the Twenty-First Century

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199273300
eISBN:
9780191699672
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273300.003.0005
Subject:
Law, Law of Obligations

For insurers, the role of the contract terms are, first, to mark the boundaries of cover in accordance with established categories of risk and thus with their data on past losses. Secondly, terms are ... More


Inequalities

Christian Gollier

in Pricing the Planet's Future: The Economics of Discounting in an Uncertain World

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691148762
eISBN:
9781400845408
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691148762.003.0009
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter makes adaptations to the canonical models of the term structure developed so far, to recognize inequalities as crucial features of our world, arguing that even abstracting from the ... More


Whatever Works: Dualization and the Service Economy in Bismarckian Welfare States

Werner Eichhorst and Paul Marx

in The Age of Dualization: The Changing Face of Inequality in Deindustrializing Societies

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199797899
eISBN:
9780199933488
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199797899.003.0004
Subject:
Social Work, Social Policy

The chapter compares employment structures in five Continental European welfare states, with a focus on private services. Despite a common trend to overcome institutional employment barriers by ... More


Insurance and Society

MALCOLM CLARKE

in Policies and Perceptions of Insurance Law in the Twenty-First Century

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199273300
eISBN:
9780191699672
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273300.003.0007
Subject:
Law, Law of Obligations

The main issues in this chapter are whether insurance should be left entirely to the insurers, and insurance law to the lawyers. This chapter starts from the position that people should be free to ... More


Framing Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0010
Subject:
Law, Legal History

Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a ... More


Fixed-term contracts and unemployment at the beginning of the employment career in Germany: does gender matter?

Karin Kurz

in The gender dimension of social change: The contribution of dynamic research to the study of women's life courses

Published in print:
2002
Published Online:
March 2012
ISBN:
9781861343321
eISBN:
9781447303824
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861343321.003.0007
Subject:
Sociology, Gender and Sexuality

This chapter examines to what extent women and men in West and East Germany are effected by fixed-term contracts and the risk of unemployment at the beginning of their career. The focus of this ... More


Labour policy developments in Italy in comparative perspective

Fabio Berton, Matteo Richiardi, and Stefano Sacchi

in The political economy of work security and flexibility: Italy in comparative perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9781847429070
eISBN:
9781447307631
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847429070.003.0003
Subject:
Sociology, Occupations, Professions, and Work

This chapter outlines the evolution of labour flexibility policies in Italy, Germany, Spain and Japan. All four countries have introduced labour market reforms as a strategy to respond to high (or ... More


Judicial Control of Unfair Contract Terms

JOE THOMSON

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter aims to explore the extent of preparation the Scottish courts had in terms of facing and regulating agreements that were unfair. Important as it is, recent years have paved the ... More


Re-intermediating Investment Management

Ashby Monk, Rajiv Sharma, and Duncan L. Sinclair

in Reframing Finance: New Models of Long-Term Investment Management

Published in print:
2017
Published Online:
January 2018
ISBN:
9781503601789
eISBN:
9781503602755
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9781503601789.003.0003
Subject:
Economics and Finance, Financial Economics

Chapter 3 focuses on the re-intermediating aspect of the collaborative model, explaining the idea that institutional investors need to re-engage with their asset managers in order to obtain greater ... More


The Debate Continues

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 6 outlines the ongoing activities taking place in the debate about European contract law and their bearing on the constitutional dimensions of European contract law. These activities comprise ... More


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