Результаты поиска - (relative OR (relating OR (relations OR relationship))) restreinte~

Biotechnological inventions : moral restraints and patent law по Mills Oliver

Tensions within the internal market : the functioning of the internal market and the development of horizontal and flanking policies / по Vries, Sybe Alexander de

Text, cases and materials on contract law / по Stone, Richard

Оглавление: “...Introduction -- Forming the agreement -- Tests of enforceability -- Intention to create legal relations -- Privity -- Capacity -- Contents of the contract -- Clauses excluding or limiting liability -- Misrepresentation -- Mistake -- Duress -- Undue influence -- Illegality -- Contracts in restraint of trade -- Frustration -- Discharge by performance or breach -- Remedies -- Unjust enrichment....”
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Law, business, and society / по McAdams, Tony

Оглавление: “...Antitrust Law—Monopolies and Mergers 11. Antitrust Law—Restraints of Trade Unit Four—Employer—Employee Relations 12. ...”
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Полный текст

Law, business, and society / по McAdams, Tony

Оглавление: “...Antitrust Law—Monopolies and Mergers 11. Antitrust Law—Restraints of Trade Unit Four—Employer—Employee Relations 12. ...”
Полный текст
Полный текст

JC Smith's the law of contract / по Davies, Paul S.

Оглавление: “...Introduction and fundamental themes Objectivity in contract law Formation of bilateral contracts Formation of unilateral contracts Contract as an agreement Identity of offeror and offeree Consideration and promissory estoppel Intention to create legal relations Contracts requiring writing Third parties Identifying the terms of a contract Interpretation Implication Rectification The control of exclusion clauses and unfair terms Misrepresentation Duress Undue influence Unconscionable bargains and inequality of bargaining power Good faith Capacity Illegality and restraint of trade Common mistake : contracts void for failure of a basic contractual assumption Frustration : contracts discharged for failure of a basic contractual assumption Conditions, warranties, and innominate terms Anticipatory breach of contract Compensatory damages Agreed remedies Remedies beyond compensatory damages...”

Contract : cases and materials / по Beale, H. G.

Оглавление: “...-- Economic analysis of contract law -- The impact of the empirical studies -- Critical approaches to contract -- Developing the relational contract notion -- Fairness and distributive justice -- Transformation thesis -- Rescission, variation, waiver and promissory estoppel -- Adjustments in longer term contracts -- Duress -- Undue pressure and undue influence -- Unconscionable bargains -- A general principle? ...”

Contract : cases and materials / по Beale, H. G.

Оглавление: “...-- Economic analysis of contract law -- The impact of the empirical studies -- Critical approaches to contract -- Developing the relational contract notion -- Fairness and distributive justice -- Transformation thesis -- Rescission, variation, waiver and promissory estoppel -- Adjustments in longer term contracts -- Duress -- Undue pressure and undue influence -- Unconscionable bargains -- A general principle? ...”

Constitutional law in the political process.

Оглавление: “...The Supreme Court in the hierarchy of American courts Federalism and the courts Court organization : its relationship to judicial influence The significance of the district courts The role of the inferior federal judges in the American legal process Traditions and procedures of judicial institutions Procedures of the Supreme Court The significance of rules and traditions for substantive public policy Delay in the courts Decision-making procedures in the appellate courts The selection of federal judges The appointing process The politics of non-partisanship other aspects of the appointment process The crucial role of the bar The lawyer in the appellate process The bar and constitutional development The bench and the bar The specialized bar The social and political role of the organized bar The Supreme Court and social change The political consequences of judicial self-restraint : urban v. rural political ascendancy The trend toward judicial action on reapportionment Judicial action confronts the local political order The Supreme Court as innovator : the desegregation sequence The roots of judicial behavior The importance of the judge himself Backgrounds and decisions The American judicial process...”

Professional responsibility in a nutshell / по Aronson, Robert H.

Оглавление: “...THE ATTORNEY-CLIENT RELATIONSHIP Confidentiality 195 (27) Introduction 195 (2) The General Rule of Confidential Communications 197 (4) The CPR: Confidences and Secrets 198 (1) The RPC: Information Relating to Representation 199 (1) Corporate Communications 200 (1) Procedural Aspects 201 (1) Exceptions to Confidentiality 202 (20) Consent 202 (1) Identity, Occupation, and Address of Client; Fact of Retainer 203 (3) Nonlegal Advice or Nonprofessional Capacity 206 (1) Necessary to Establish or Collect Fee 207 (1) Necessary to Defend Self or Employees 207 (2) Disclosures to, or Obtained From, Third Persons 209 (1) Jointly Retained Attorney 210 (1) Criminal Evidence 211 (3) Future Crime 214 (1) Future Crime and the CPR 215 (1) The RPC and Recent Developments 215 (2) Fraud 217 (1) The CPR and ``Rectifiable Fraud'' 217 (1) The RPC 218 (1) Client Fraud Before a Court---Perjury 219 (3) Conflict of Interest 222 (32) Policies Underlying Conflict of Interest Rules 223 (1) Loyalty 223 (1) Confidentiality 224 (1) General Rules: Potential Versus Actual Conflicts 224 (4) Determining Whether Representation Is Likely to Be ``Materially Limited'' or ``Directly Adverse'' 224 (2) The ``Appearance of Impropriety'' Standard 226 (2) Recurring Conflict of Interest Situations 228 (24) Conflicts Resulting From Lawyer's Personal Interest 228 (5) Conflicts Resulting From Representation of Adverse Interests of Current Clients 233 (1) Insurer-Insured 233 (2) Buyer-Seller; Borrower-Lender; Husband-Wife; Etc. 235 (1) Representing Multiple Plaintiffs 236 (1) Representing Multiple Criminal Defendants 237 (2) Conflicts Resulting From Representation of Interests Adverse to a Former Client 239 (2) Attorneys Employed by the Government 241 (1) General Considerations 241 (1) Alternative Approaches 242 (1) ABA Formal Opinion 342 (1975) 242 (1) RPC 1.11 243 (2) Representing Corporations, Labor Unions, Tenant Associations, and Other Entities 245 (2) Corporate Wrongdoing 247 (1) Imputed Disqualification 248 (1) The CPR 248 (2) The RPC 250 (1) ``Screening'' 251 (1) Conclusion 252 (2) Fiduciary Responsibilities: Commingling and Misappropriation 254 (8) Introduction 254 (1) Record-Keeping and Accounting 255 (1) Commingling 255 (3) IOLTA Funds 257 (1) Misappropriation 258 (1) Clients' Security Funds 259 (1) Preventive Measures 260 (1) Conclusion 261 (1) Attorneys' Fees 262 (31) Introduction 262 (1) Types of Legal Fee Arrangements 263 (2) Determining the Reasonableness of a Fee 265 (6) Contingent Fees 271 (6) Justification 271 (3) Legal and Ethical Limits on Contingent Fees 274 (2) Payment of Expenses 276 (1) Desirability of Written Fee Agreements 277 (1) Division of Fees 278 (5) Dividing Fees With Other Lawyers 278 (2) Sharing Fees With Non-Lawyers is Generally Prohibited 280 (3) Advertising of Legal Fees 283 (1) Collection of Fees 284 (3) Attorneys' Liens 287 (2) Termination of Employment 289 (4) Terminating the Relationship: Voluntary and Mandatory Withdrawal 293 (11) Introduction 293 (1) Applicable Rules 294 (7) Accepting Employment 294 (1) Withdrawing From Employment 295 (1) Mandatory Withdrawal 296 (2) Permissive Withdrawal 298 (1) Good Cause 299 (2) Consequences of Improper Withdrawal 301 (2) Procedure for Withdrawal 301 (1) Court Permission 301 (1) Protecting the Client's Interests 302 (1) Conclusion 303 (1) PART IV. ...”

Proactive purchasing in the supply chain : the key to world-class procurement / по Burt, David N.

Оглавление: “...Strategic Responsibilities Organizational Authority e-Commerce Organizational Structures The Materials Management Organization The Supply Chain Management Structure Organizing with Cross-Functional Teams Budgeting and Staffing Summary Appendix A Benefits Resulting from Cross-Functional Teams Challenges and Problems with the Cross-Functional Approach Prerequisities to Successful Cross-Functional Teams Team Development and Training Appendix B: The Professional Organizations of Supply Chain Management Endnotes Suggested Reading Chapter 3 Supply Management: An Organization Spanning Activity Supply Management's Relations with Other Departments Supply Management and Engineering Supply Management and Manufacturing and Operations Supply Management and Quality Supply Management and Marketing Supply Management and Finance Supply Management and Information Technology (IT) Supply Management and Logistics Supply Management and Accounts Payable Supply Management and Lawyers Supply Management in Non-Manufacturing Organizations Supply Management in Government Supply Management and the External Environment Business Relationships Monitoring the Supply Environment Completing the Supply Chain Linkage: Supplier Integration with the Customer Summary Endnotes Suggested Reading Chapter 4 A Portfolio of Relationships A Transformation in Relationships Transactional Relationships Collaborative and Alliance Relationships Collaborative Relationships Supply Alliances Which Relationship Is Appropriate? ...”

Constitutional government and democracy : theory and practice in Europe and America по Friedrich, Carl J.

Оглавление: “...; Parties and factions ; Some recent theories of political parties ; Parties in relation to social structure ; The over-all pattern of European parties 8. ...”

Constitutional and administrative law по Bradley, A. W

Оглавление: “...Preface xiii Table of Legislation xv Table of Cases xxxiii Abbreviations lxxiii PART I -- GENERAL PRINCIPLES OF CONSTITUTIONAL LAW Definition and scope of constitutional law 3 (9) Sources and nature of the constitution 12 (23) The formal sources of constitutional law 12 (8) Other rules and principles, including constitutional conventions 20 (11) Constitutional government in Britain 31 (4) The structure of the United Kingdom 35 (16) The historic structure 35 (7) Devolution of government 42 (9) Parliamentary supremacy 51 (30) The growth of the legislative authority of Parliament 51 (3) Meaning of legislative supremacy 54 (7) The continuing nature of parliamentary supremacy 61 (13) The Treaty of Union between England and Scotland 74 (3) Conclusions 77 (4) The relationship between legislature, executive and judiciary 81 (12) The rule of law 93 (14) Historical development 95 (4) The rule of law and its implications today 99 (8) Responsible and accountable government 107 (16) The United Kingdom and the European Union 123 (30) European Community institutions 125 (7) European Community law 132 (7) European Community law and British constitutional law 139 (4) Response of the courts 143 (6) Conclusion 149 (4) PART II -- THE INSTITUTIONS OF GOVERNMENT Composition and meeting of Parliament 153 (39) The electoral system 153 (4) Distribution of constituencies 157 (4) Political parties 161 (4) The conduct of elections 165 (4) Supervision of elections 169 (3) Electoral systems and electoral reform 172 (4) Membership of the House of Commons 176 (4) The House of Lords 180 (3) Reforming the membership of the House of Lords 183 (4) Meeting of Parliament 187 (5) Functions of Parliament 192 (31) Legislation 193 (9) Conflict between the two Houses 202 (6) Financial procedure 208 (7) Scrutiny of administration 215 (6) Constitutional watchdog 221 (2) Privileges of Parliament 223 (19) House of Commons 223 (11) Financial interests of members 234 (6) House of Lords 240 (2) The Crown and the royal prerogative 242 (27) The monarchy 243 (4) Personal prerogatives of the monarch 247 (5) The Queen in Council 252 (3) The royal prerogative 255 (8) The royal prerogative and the courts 263 (6) The Cabinet, government departments and the civil service 269 (31) The Prime Minister 270 (3) The Cabinet 273 (5) Ministers and departments 278 (5) Civil service: organisation and accountability 283 (6) Civil service: ethics and standards 289 (5) Open government and freedom of information 294 (6) Public bodies and regulatory agencies 300 (23) Origins and purpose 301 (3) Classification, status and composition of public bodies 304 (4) Public utilities: the general framework 308 (4) The accountability of public utilities and public utility regulators 312 (6) Advisory bodies 318 (5) Foreign affairs and the Commonwealth 323 (20) The foreign affairs prerogative, international law and the courts 323 (7) Treaties 330 (4) The United Kingdom and the Commonwealth 334 (9) The armed forces 343 (16) The constitutional structure 343 (4) Military law and human rights 347 (6) The armed forces and the ordinary law 353 (6) The Treasury, public expenditure and the economy 359 (22) The Treasury 359 (2) The Bank of England 361 (3) Public finance 364 (6) Public expenditure control and accountability 370 (6) Management of the economy 376 (5) The courts and the machinery of justice 381 (38) The courts 381 (4) The judiciary and judicial appointments 385 (3) Independence of the judiciary 388 (7) Contempt of court and safeguards for the administration of justice 395 (9) The executive and the machinery of justice 404 (6) Prosecution of offenders and miscarriages of justice 410 (9) PART III -- THE CITIZEN AND THE STATE The nature and protection of human rights 419 (23) The British approach 420 (5) European Convention on Human Rights 425 (7) The Human Rights Act 1998 432 (9) Conclusion 441 (1) Citizenship, immigration and extradition 442 (32) Citizenship 442 (8) Immigration and deportation 450 (16) Extradition 466 (8) The police and personal liberty 474 (39) Organisation of the police 474 (4) Personal liberty and police powers 478 (9) Police powers of detention and questioning of suspects 487 (6) Police powers of entry, search and seizure 493 (7) Remedies for abuse of police powers 500 (8) Accountability and control of the police 508 (5) The protection of privacy 513 (28) The case for protection 513 (1) Privacy and the ECHR 514 (3) Surveillance: acquiring information 517 (4) Interception of communications 521 (5) Storing and processing information 526 (6) Privacy and the press 532 (5) Privacy and the Human Rights Act 537 (4) Freedom of expression 541 (31) The nature of legal protection 541 (3) Censorship and prior restraints 544 (3) Regulation of television and radio 547 (4) Offences against the state and public order 551 (4) Obscene publications 555 (6) Defamation 561 (8) Breach of confidence 569 (3) Freedom of association and assembly 572 (27) Freedom of association 573 (1) The right of public meeting 574 (2) Public processions and assemblies 576 (3) Freedom of assembly and private property rights 579 (5) Public order offences 584 (8) Preventive powers of the police and courts 592 (4) Freedom of assembly and the Human Rights Act 1998 596 (3) State security and official secrets 599 (27) Emergency powers and terrorism 626 (31) Use of troops in assisting the police 626 (2) Use of troops in Northern Ireland 628 (4) Martial law 632 (3) Emergency powers in war and peace 635 (4) Emergency powers and terrorism 639 (7) The Terrorism Act 2000 and Northern Ireland 646 (3) International terrorism: additional powers 649 (4) Conclusion: terrorism and human rights 653 (4) PART IV -- ADMINISTRATIVE LAW The nature and development of administrative law 657 (17) Delegated legislation 674 (19) Historical development 674 (2) Justification of delegated legislation 676 (1) Exceptional types of delegated legislation 677 (3) Nomenclature 680 (1) Consultation of interests 681 (1) Control by Parliament 682 (5) Publication of statutory instruments 687 (1) Challenge in the courts 687 (3) Administrative rule-making 690 (3) Administrative justice 693 (32) Tribunals 695 (10) Public inquiries 705 (5) The Inquiries Act 2005 710 (5) The Parliamentary Ombudsman 715 (10) Judicial control of administrative action -- I 725 (34) Judicial review on substantive grounds 727 (15) Review on procedural grounds 742 (11) Legitimate expectations 753 (6) Judicial control of administrative action -- II 759 (25) Liability of public authorities and the Crown 784 (32) Liability of public authorities and the Crown in tort 785 (15) Contractual liability 800 (6) The Crown in litigation: privileges and immunities 806 (10) Bibliography 816 (11) Index 827...”

Economics : private & public choice / по Gwartney, James D.

Оглавление: “...180 (1) Actual and Potential GDP 181 (1) The Effects of Inflation 182 (4) Key Points 186 (1) Critical Analysis Questions 186 (3) An Introduction to Basic Macroeconomic Markets 189 (25) Understanding Macroeconomics: Our Game Plan 190 (1) Four Key Markets: Resources, Goods and Services, Loanable Funds, and Foreign Exchange 190 (3) Aggregate Demand for Goods and Services 193 (2) Thumbnail Sketch Why Is the Aggregate Quantity Demanded Inversely Related to the Price Level? 195 (1) Aggregate Supply of Goods and Services 195 (3) Thumbnail Sketch Why Is the Short-Run Aggregate Quantity Supplied Directly Related to the Price Level? ...”