A very accessible and concise guide to Islamic finance Contracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners. The embedded requirements within selected Islamic financial contracts, such as risk weightage, capital structures, creations of cash flows, and balance sheets, are explained fully to provide a solid understanding of the backbone of the industry. Aimed primarily at beginners and those with a background in conventional banking, this book guides readers through the major contracts, how they're applied, and how to discern a contract's legitimacy. Case studies and interviews with bankers and global regulators provide real-life examples of contract application, and the author's own experiences provide deep insight into the everyday issues that arise. Ancillary instructor's materials include PowerPoint slides and lecture notes that facilitate use in the classroom. Literature describing the application of Islamic financial contracts is few and far between, and those providing a basic breakdown of these contracts and questioning their validity are rarer still. This book is the first of its kind, offering a basic approach to understanding Islamic contracts, designed for the true beginner. Understand the current contracts applied in Islamic banking Learn how contracts are applied across different jurisdictions Identify illegitimate contracts and those not in the spirit of Shariah law Examine the current economic realities surrounding Islamic finance By highlighting the underlying themes in Islamic finance and assessing the current practices, this book gives readers the solid understanding and up-to-date perspective that form a solid foundation upon which successful Islamic finance is practiced. For a solid introduction to the Islamic finance industry, Contracts and Deals in Islamic Finance is an accessible, practical guide.
In Kenya, most public and private universities have operated under performance contracts for quite some time. However, unlike in other sectors where research has been carried out to establish the success of performance contracts, no specific study has previously been conducted to establish how these tools are working in university libraries. This book is a culmination of a research conducted on 149 respondents from chartered public and private university libraries in Nairobi County who included library staff holding positions of library assistant (or its equivalent) and above at sampled university libraries. It provides an assessment of the unique factors that affect the success of performance contracts in university libraries and may be used as a reference material by students studying library and information science as well as managers especially those tasked with implementing performance contracts in educational settings, particularly in university libraries.
Sale of goods contracts involving the sea carriage largely differ from traditional domestic sales contracts. CIF and FOB contracts represent the most commonly used shipment contracts. The author demonstrates the practical problems resulted from the distinctive characteristic of CIF and FOB contracts in terms of risk distribution in English law. The book contemplates to address the following problems: How the passage of risk in shipment terms affects the title of cargo interest to sue the carrier for the damage in transit; In this regards, the author discusses the contractual claims covering the endorsement issue of the bill of lading and non-contractual claims including tort, bailment and implied contract device. The author presents the problems with risk distribution and provides the practical solutions; analyses the issues concerning the passage of the property, to demonstrate that in practice the passage of property does not play a vital role to determine the title to sue. The second half of the book focuses on the detailed analysis of all the contractual remedies available for CIF and FOB seller and buyer covering all variations of shipment contracts.
Take the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more. Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
As a break from the past where organizations employed most of its personnel on a permanent basis, there have been a sharp rise in the use of short-term employment contracts within the Kenyan banking industry in the recent past. The main objective of this study was to investigate the factors that had contributed to the increased use of short-term employment contracts in the banking industry in Kenya. The specific focus of this study was to investigate the cost implication of short-term contracts, and determine the influence of workload fluctuations, business uncertainty and employee screening practices on the increased use of short-term contracts. The study was a census of all the registered 45 banking institution in Kenya. It was found that the main motives for hiring employees on short-term basis were related with matching staff to peak workload demands, saving on wage costs, having personnel for unusual working hours, covering staff absences (both long term and short term), and screening employees before giving them permanent jobs. The study concluded that the main factor contributing to increased use of short-term employments contracts is because these contracts are effective
Learn to: Determine your start??“up costs and get the capital you need Market your business through traditional and social media Handle contracts, payroll, and taxes Simplify operations with the forms, contracts, and software included on CD??“ROM You
A BIM protocol was developed and published by the Construction Industry Council (CIC) in order to facilitate using BIM on projects through addressing the legal issues facing this use, such as design input, intellectual property rights, restrictions on liability and model ownership. The protocol is a contractual framework designed to complement standard construction contracts and manage the data exchange that is required by Level 2 BIM, including assigning relevant roles and responsibilities in this regard. This book provides a critical appraisal of the CIC protocol to find out whether it will facilitate BIM use, and therefore, accelerate the uptake of BIM adoption across the industry
Negotiating and agreeing executive contracts requires an understanding of areas as diverse as valuation, employment law, tax and accounting. Covering the appointment of UK executives under contracts governed by UK law, this volume of essays is intended to help anyone involved in the appointment and termination process.
Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with «pleadings», a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.
This book aims to helps hospital workers to implement principles of privacy of patient's information to avoid the breaching of privacy contracts and bad reputation.It creates awareness to organization that keep private information about customers on how to collect private information to meet legal obligations. Policy makers need to include a confidentiality clause in their contracts to cover the collection and the release of private information.
Contracts for the supply of digital content are fraught with legal issues extending beyond contract law. The contributions to this volume analyse the challenges and gaps in European Commission’s proposed Directive (COM(2015) 634 final) from the perspectives of contract law, copyright, and data protection.
Nowadays, the decline of the age of oil expecting in 2050 push many oil-producing countries to want to change their oil laws, to nationalize or expropriate foreign oil companies operating in their territories, to renegotiate their former petroleum contracts in order to better adapt them to the current circumstances and implement policies for strengthening the control of national and foreign petroleum activities. The rising of large (national or) foreign direct investments in search of new oilfield around the world reflects the panic of the decline of oil and its legal consequences. This situation will help us to analyze and understand legal issues that arise in the State contracts especially petroleum contracts signed between, on the one hand the host state of investment, subject of international law and owner of petroleum resources contained into its territory, and on the other hand, the foreign investors or a private foreign oil company, which is a non-state actor of international law. Keywords: State contract, Petroleum contracts, stabilization clause
Success in law school is hard work and results from a combination of factors; such as, Memorization of Rules of Law, Application of FIRAC, Analytical Reasoning, and Diligence, Perseverance and Commitment. In this series, you will learn the FIRAC technique, the fundamental and foundational black letter rules of law for the first-year law school subjects, and the keys to sound analytical reasoning techniques. In law school contracts your primary goal is to focus on the substantive principles of Common Law, the Restatement of Contracts, and the Uniform Commercial Code. It is important to remember that in law school contracts the goal is not to teach you the practical principles of contract law but to teach you to think about identifying issues and memorizing the rules of law associated with Contracts so that you can excel on law school exams, and ultimately the Bar exam.
MAKE A FORTUNE IN REAL ESTATE-Without Owning Property! Did you know that you don't actually have to own real estate to profit from it? It's true! If you control the paperwork of real estate-the contracts, mortgages, and deeds-you can make money without owning anything. The New Path to Real Estate Wealth offers a step-by-step system that takes you from the basics of real estate investing to the more sophisticated strategies that let you earn without owning. Whether you're a new investor or an experienced one, you'll make big money in the world's safest, most reliable investment with expert guidance on: * Finding great deals * Working with real estate agents * Evaluating and inspecting property * Writing and presenting an offer * Flipping the deal for quick cash Once you understand the basics of real estate investing, you can move on to four proven strategies for making a fortune without owning property. Authors and real estate experts Chantal and Bill Carey show you how to make a bundle by flipping properties quickly, assigning contracts, using options, and buying discounted mortgages and government tax liens for pennies on the dollar. You can control valuable contracts and properties-without the liabilities and hassles of ownership. Packed with real-world examples and proven real estate wisdom, this handy guide proves that anyone can make money in real estate. So start investing today . . . and get on The New Path to Real Estate Wealth!
For anyone who wants to practice in maritime law, or to a wider extent, commercial law, the interpretation of contracts is a topic of vital significance.In the world of maritime contracts, no matter that they are charterparties or marine insurance contracts, a great number of disputes arise because different parties of the same contract have different explanations to the meaning of contracts. The courts therefore have responsibilities to use some principles to settle the disputes.Law school students usually do not exploit this important field, which may not be helpful for the development of these would-be lawyers. Fortunately, the learned judges, however, did not neglect this difficult but fascinating area. For hundreds of years, in hundreds of cases, they are keeping exploring it, formulating and creating numerous principles regarding the methods of interpretation. In this thesis, therefore, an attempt is made to set these principles out and discuss them with particular regard to maritime law.
Construction industry invests considerable time and effort in planning projects & significantly less time is devoted to understanding what happens when a project is suspended or terminated. Suspensions and Terminations of contracts are one the most dangerous issues faced by the parties to the contract due to its consequences. In UAE, most of the clients use FIDIC Red Book with modifications for entering into a works contract. While the parties may include termination clauses in the contract, the UAE civil code also contains provisions that deal with suspension & termination clauses for work contracts called “Muqawala” contracts. Various clauses & their interpretation have been a point of debate as there is no clarity on what needs to be followed during the disputes. This book aims to evaluate the risks associated with the suspension & termination clauses among various parties, give a deeper insight on the Sharia law principles for work contracts falling under Muqawala & compare them with FIDIC clauses. In depth literature is available on UAE Civil Code relevant to construction laws. A survey is conducted to capture the needs of the industry & a number of recommendations are made.
During the last century, dominating economic interest sparked an evolution of American contracting practices. Mass-market industries, including cell phone carriers, car industries, and hospitals enacted contractual practices that facilitated business agreements with thousands while judicial rulings empowered business interests. Today, businesses contract from a position of such superior bargaining power that the American non-drafting party is vulnerable to victimization. The contractual relationship between empowered businesses and non-drafting consumers is the focus of this book. Through the analysis of judicial and legislative history, this note will explore where subversive contracts exist in society and what consumers need to be conscious of when contracting. This discussion will argue for the adoption of protectionary measures to shield consumers from overly empowered business contracts.
Over the years, the efficiency of air transport has made it one of the most solicited modes of transport. Sadly, an aircraft cannot be easily possessed.In fact, public and private entities are often deprived of the wonders of air transport for financial reasons.The option of leasing provides a plausible solution but leases are unique and legally sensitive.This book demystifies an apparently complex contract by treating the legal regime, types,rights,obligations, applicable law,sanctions and even remedies for breaches of aircraft lease contracts. The effective use of aircraft lease contracts depends on a mastery of the legal implications involved. The increasing popularity of aircraft leases makes this book an indispensible negotiation tool for aircraft operators both private and public.Samples of lease contracts have been used to enhance understanding.This book is a legal solution to a socio-economic problem so should be obtained and read.
Over the last few years, globalization has expanded at a high rate. With this boom, there has been a rise in international trade. As a result, several countries worldwide have adopted The United Nations Convention on Contracts for the International Sale of Goods 1980( The CISG). They have done so in order to harmonize the law applicable to international sale contracts. However, many countries such as the United Kingdom, have not done so. This book therefore provides the effects of the CISG in the United Kingdom.
This book is a fundamental guide for academics and practitioners in the construction arbitration sphere. The book scrutinizes the main features, and substantive characteristics of construction contracts. It is a reference to states' agreements with private foreign entities. It subjects law and practice in the MENA region to clarify critical issues such as delay and extension of time, LDs, and many other issues relating to arbitration. Authors present useful insights on a number of complex topics relating to states' infrastructure agreements. This monograph analyzes interim measures in international arbitration from international perspectives. It highlights comparative legislation and different institutional rules. It scrutinizes Egyptian arbitration law as it is adopting UNCITRAL Model Law. Authors capture with authoritative structure the pulse and dynamics of the legal framework of construction arbitration.They clarify special difficulties such as the time bar in the FIDIC forms of contracts and in ICSID arbitration, the role of the engineer in construction contracts,and multi-party arbitration in construction agreements. Authors also provide useful insights to PPPs agreements.
Since the early 1980s thousands of Indonesian women have migrated to the Middle East to work on two-year contracts as domestic servants. Many were married and already had young children. Under the conditions of the contract, their families had to remain in Indonesia and thus their young children were entrusted to caregivers. The book evaluates the impact of childcare strategies of substitute caregivers on morbidity and nutritional status of children of mothers on overseas labour contracts. Despite the fact that the children of women on labour contracts lived away from their mothers, their morbidity pattern was not significantly different from those whose mothers were present. But stunting among children of migrants was greater, suggesting chronic malnutrition. Notwithstanding the high earnings of women workers, their families lived in poverty. Also children of migrant mothers did not benefit from their mothers' earnings partly because of the spending patterns of their family left behind.
One way to improve software reliability is to detect errors early and report them precisely during program development; the use of contracts is one approach to software verification. A desired property of an expression is specified with a contract. A contract language should create an informative error message to report the violation and the violator when a contract fails. In this book, a contract language is introduced and implemented for three libraries and also for some practical functions of the functional language Feldspar. Feldspar is a domain specific language (DSL) for Digital Signal Processing, embedded in Haskell, and generating C code.Contract checking can be done statically or dynamically. Static checking concentrates on complete checking of limited specifications at compile time. Dynamic checking focuses on incomplete checking of expressive specifications, and detects errors during run time. Contracts that are written in this thesis are checked with a dynamic contract checker. Furthermore, they are tested with QuickCheck, to ensure that contracts satisfy given properties. The result of these tests shows that the contracts hold their properties.
Revision with unchanged content. In this book we define a methodology for the semi-automated aggregation and adaptation of Web services capable of suitably overcoming semantic and behaviour mismatches in view of business process integration within and across organisational boundaries. We tackle the aggregation and adaptation of services described by service contracts, which consist of signature (WSDL), ontology information (OWL), and behaviour specification (YAWL). We first describe an aggregation technique that automatically generates contracts of composite services satisfying (behavioural) client requests from a registry of service contracts. Further on, we present a behaviour-aware adaptation technique that supports the customisation of services to fulfil client requests. The adaptation technique can be used to adapt the behaviour of services to satisfy both functional and behavioural requests. We support the generation of service contracts from real-world service descriptions by introducing a pattern-based compositional translator for the automated generation of YAWL workflows from BPEL business processes. In this way, we pave the way for the formal analysis, aggregation, and adaptation of BPEL processes.
Relational contracts are defined as the set of unwritten codes of conduct that affects parties behavior during a business. The existence of these ‘contracts’ is motivated by the impossibility of predicting all the contingencies that may occur after a formal agreement is stipulated. As widely recognized in the economic literature, the incompleteness of written contracts can give rise to opportunistic behaviors of a party, that reduce the margins for the conclusion of efficient transactions. The adverse selection, moral hazard and hold-up problems are typical examples of contractual opportunism. This book provides an essay on the important role that informal mechanisms may have in mitigating contractual incompleteness and supporting transactions. The basic literature is followed by a formal model aimed at studying the incentives that reputation can generate on the firm’s decision to invest in the quality of its products. The ultimate scope of the book is to shed some light on business practices and provide discussion materials to the industrial organization scholars community.
Taxation of Loan Relationships and Derivative Contracts, Tenth Edition, is updated in line with the Finance Act 2015 which brings in significant changes to the loan relation rules. In addition, it includes changes to both UK and International Accounting Standards. This new edition covers developments in the Basic Erosion and Profit Shifting (BEPs) project and the related new climate and wider concept of tax avoidance (GAAR). The chapters covering accounting framework, reorganisations and international aspects have been significantly updated since the previous edition and new chapters have been added with a summary of all relevant cases and a chapter covering Islamic Finance. Covers the following: The Taxation of Finance Accounting under IFRS and Modified UK GAAP The Scheme of the Legislation Loan Relationships: Scope and Definition Loan Relationships: General Computational Provisions Loan Relationships: Special Computational Provisions Impairment Losses Foreign Exchange and Hedging/Deferral Interest Securities Reorganisations, Acquisitions and Disposals Special Companies Derivative Contracts – Definition and Scope Derivative Contracts – Measurement of Profits Embedded Derivatives Worldwide Debt Cap Transfer Pricing Stock Lending and Repos International Aspects Islamic Finance Cases Appendices