This label includes entries and case commentaries on contract law, adhesion contracts, causation, apportionment of liability, foreseeability, assessment of damages, apportionment of loss/damage and jurisdictional issues regarding e-commerce agreements and contracts.
Capacity to Contract • Barriers to Contract–you either have the right to contract or not ? Analogous to Civil Procedure: either have standing or not. ? Constitutional Law: citizenship barriers. Graded (resident aliens, etc..), but sets up right to 'enter' legal system vs. not. […]
Introduction to Contract Contract, in law, an agreement that creates an obligation binding upon the parties thereto. The essentials of a contract are as follows: (1) mutual assent; (2) a legal consideration, which in most instances need not be pecuniary; (3) parties who have legal capacity […]
Summary of Carrier
A firm engaged in the business of transporting persons or goods for profit. Railroads, trucking companies, airlines, and steamship operators are examples of carriers. Carriers can be divided into three categories: the private carrier moves only its own goods or those of […]
A codification of terms used in foreign trade contracts. Local customs and usage imported variations in meaning for such common terms as F.A.S., C.I.F., et cetera, often resulting in disputes between buyer and seller as to the respective obligations of each. In 1936 the Paris-based […]
A market for commodities or currency in which the sale results in an immediate or nearly immediate exchange of the goods or instruments for cash, as compared with a futures market, which trades in contracts for the future delivery of the product….
An arrangement in which an insurance underwriter contractually spreads its policy risks with other underwriters, sharing the premium with them. For example, an underwriter may issue a policy for fifty million dollars to cover the loss of a ship; being unwilling to assume the full risk of loss, […]
A commercial arrangement in which the buyer pays for his purchases, wholly or partly, with something other than money. Very often countertrade deals include some cash, but a significant portion of the transaction is settled with commodities or services. Countertrade has been employed heavily […]
Spanish Translation of insurance contractThis is the legal translation of English to Spanish in relation to insurance contract and / or a definition of this topic: Contrato de Seguro (in Spanish, without translation of the dictionary entry).
Limits on Contract Damages: Main Elements The coverage of Limits on Contract Damages includes the following element(s): Other Remedies for Breach of Contract For detailed information on this issue, please read the corresponding entry. References See Also Contracts (in international or […]
References See Also Contracts Resources See Also Contracts
Sources of Contract Law: Main Elements The coverage of Sources of Contract Law includes the following main elements: Federal Law For detailed information on this issue, please read the corresponding entry. The Restatement and the UCC There is information on this basic subject matter in this […]
Breach of Contract, in law, failure, deliberate or unintentional, without legal justification, to comply with the terms of a contract. In certain cases, however, if the contractor has acted in good faith and has performed substantially all obligations, the courts have held that mere deviation […]
Literature Review on (Contracting) Labor Relations and Contract Administration In the Encyclopedia of Public Administration and Public Policy, [1] D.S. Chauhan offers the following summary about the topic of (Contracting) Labor Relations and Contract Administration: The impact of […]
Error, Ambiguity From the book The Clergyman's Hand-book of Law, about Error, Ambiguity (1): Great latitude is allowed in charitable bequests, devises, and gifts, in proving aliunde the beneficiary intended where there is error in the name or a latent ambiguity.584 The religion of the […]
Hague Conference on Private International Law see Hague Conference on Private International Law Conventions With 72 Members (71 States and the European Union) representing all continents, the Hague Conference on Private International Law is a global inter-governmental organisation. A melting […]
Description of Qualified Acceptance Resources See Also Bills Notes Contracts Sales Bills Notes
References See Also Contracts Resources See Also Contracts
Federal Law Explained in the United States of America (In the U.S. law) References See Also Contracts (in international or comparative law) Sources (in international or comparative law) Contract Law (in international or comparative law) Resources See Also Contracts Sources Contract Law
Silence as Acceptance Silence as Acceptance Explained References See Also Contracts (in international or comparative law) Resources See Also Contracts
Literature Review on (Contracting) Constructive Change Proposals In the Encyclopedia of Public Administration and Public Policy, [1] Elisabeth Wright offers the following summary about the topic of (Contracting) Constructive Change Proposals: The theory of changes is unique to public […]
Summary of Acceptance
A bill of exchange or draft that has been accepted upon presentation to the drawee; the acceptance is created upon presentation by stamping or writing the word accepted across the face of the instrument, accompanied by the signature of the drawee. Instruments on which […]
Summary of Offer
In vessel charter transactions, synonymous with Firm Offer (read this and related legal terms for further details).
(Main Author: William J. Miller)
Best and Final Offer (BFO) in International Trade Meaning of Best and Final Offer (bfo), according to the […]
Spanish Translation of agreement This is the legal translation of English to Spanish in relation to agreement and / or a definition of this topic: Convenio (in Spanish, without translation of the dictionary entry). Agreement and the Treaties of the European Union Description of Agreement […]
Surrogate Mother Contracts: Main Elements The coverage of Surrogate Mother Contracts includes the following element(s): Visitation For detailed information on this issue, please read the corresponding entry. References See Also Marriage (in international or comparative law) Family (in […]
Act of God, in law, any occurrence not caused by human intervention or negligence, such as lightning or floods. Because such events are beyond human control, ordinarily no person may be held legally responsible for the injuries and losses they may inflict. For example, a failure to deliver […]
Battle of the Forms Explained References See Also Contracts (in international or comparative law) Resources See Also Contracts
Summary of Bailment
A contract by which one person (bailor) entrusts personal property to another person (bailee) for some specific purpose. All contracts for the carriage of goods, for example, are bailments.
(Main Author: William J. Miller)
Bailment, in law, a transfer of the […]
Description of Arm's-length Resources See Also Arm-In-Arm Contracts Fraud
Description of Voluntary Abandonment In this reference work, voluntary abandonment is a sort of the Criminal law, Bankruptcy, Contracts, Insurance, Trademarks, Legal History, Copyright, Intellectual property category. Resources See Also Salvage Divorce Adoption Bankruptcy Insurance […]
Internet Contracts in Electronic Commerce Internet Contracts in the Online Business Law Unilateral Contracts in Cyberlaw Obtaining Assent in Cyberspace: Contract Formation for Click-Through and Other Unilateral Contracts Website Terms in Cyberlaw Structuring and Drafting Website Terms and […]
In the United States For information about Liquidated damages in the context of international trade, click here Liquidated Damages in International Trade Meaning of Liquidated Damages, according to the Dictionary of International Trade (Global Negotiator): A sum of money that a contracting […]
Appropriations, Contracts, Rent From the book The Clergyman's Hand-book of Law, about Appropriations, Contracts, Rent (1): Under the constitution of the United States, Congress can not make appropriations nor give aid to any denomination. Also, similar provisions are in many of the […]
Summary of Licensing
A process whereby a firm (the licensor) permits another firm abroad to use its trademarks, manufacturing processes, patents, or other inputs to manufacture or assemble the product locally, for which the licensee remits royalties to the firm granting the license. […]
Summary of General Average
An ancient principle in international maritime law requiring a contribution by the vessel and cargo interests to pay for "extraordinary expenses and sacrifices"incurred in saving the vessel and its cargo. The term average derives from an Arabic word […]
Privatization (in the Human Development Area) In this context, Privatization means: the process of denationalization the means of production, or a lawful transferring of property from state ownership to non-state. In broad terms, it stands for the realization of complex legal and institutional […]
Amazon eBook Contracts European Union antitrust investigation into the Amazon’s eBook Business The European Commission opened in 2015 a formal … Read more
UCC Parol Evidence Rule: ? Is contract 'final' writing? ? If so, it can't be contradicted, but it can be supplemented. (thus, in Gianni, evidence as to the promise of the exclusive right to sell beverages would be admissible). ? Under Materson v. Sine , however, […]
Contract Damages vs. Tort Damages: Main Elements The coverage of Contract Damages vs. Tort Damages includes the following element(s): Other Remedies for Breach of Contract For detailed information on this issue, please read the corresponding entry. References See Also Contracts (in […]
Evidence of Contractual Terms Explained in the United States of America (In the U.S. law) References See Also Contracts (in international or comparative law) Resources See Also Contracts
Contract Of Affreightment Summary of Contract Of Affreightment
A contract, between the shipper of goods and a transport company, specifying the terms and conditions under which a given lot of merchandise is to be moved. The contract is usually evidenced by a bill of lading containing the […]
Political Theory: The Social Contract Introduction to Social Contract The English philosopher Thomas Hobbes also stressed governmental power. His major work, Leviathan (1651), argued that the sovereign's power should be unlimited, because the state originated in a so-called social contract, […]
Non-Conforming Delivery Vienna Convention on Contracts for the International Sale of Goods 1980: Special Cases Partial Delivery and Partial Non-Conforming … Read more
Withholding Performance Buyer’s Right to Withhold Performance of Contract under the UN Sales Convention Introduction Concept of the Right to … Read more
United Nations Convention on Contracts for the International Sale of Goods (CISG) Contracting States At the United Nations Diplomatic Conference … Read more
When Monetary Damages Are Inadequate: Main Elements The coverage of When Monetary Damages Are Inadequate includes the following element(s): Other Remedies for Breach of Contract For detailed information on this issue, please read the corresponding entry. References See Also Contracts (in […]
International Contracts in International Trade Meaning of International Contracts, according to the Dictionary of International Trade (Global Negotiator): International contracts refers to a legally binding agreement between parties, based in different countries, in which they are obligated to […]
Most Popular Entries related to Remedies in Contracts Damages (in the World) Damages for Breach of Contract (in the World) Damages in Tort (in the World) Damages in Equity (in the World) Damages in Contracts (in the World) Damages in Administrative Law (in the World) Remedies (in the World)
Most Popular Entries related to Damages for Breach of Contract Remedies for Breach of Contract (in the World) Remedies in Tort (in the World) Remedies in Equity (in the World) Remedies in Contracts (in the World) Remedies in Administrative Law (in the World) Damages and Remedies (in the […]
Bill Of Lading Summary of Bill Of Lading
A document issued by a carrier to a shipper acknowledging receipt of the goods, and stating the points of pick-up and delivery, as well as other information relative to value declared for carriage, terms and conditions of transport, freight charges, […]
The Contract of Sale Explained References See Also Property (in international or comparative law)