Assignment is a crucial topic in commercial law, and this new work by Gregory Tolhurst is the most comprehensive work on the assignment of contractual rights ever published. It seeks to explain the existence, meaning and application of the rules governing the assignment of contractual rights and it does this by reference to the idea that assignments involve transfers. The book is logically structured to follow the issues that arise in planning, drafting and enforcing an assignment, including: - what is meant by 'assignment'; - what is the distinction between legal and equitable assignments; - how an assignable contractual right is identified; - what formalities apply to assignment; and - what rights and remedies are available to the parties to an assignment. The topic of assignment is of such universal importance to commercial lawyers that all practicing lawyers will find this work invaluable. However, the work will also be required reading for academics teaching contract, equity and personal property.
In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada
ASK NOTWHO YOU CAN KILL FOR YOUR COUNTRYNow retired and happily married, Quarry turns down a million-dollar contract to assassinate a presidential candidate. It’s not the sort of assignment you can just walk away from without consequences—but coming after Quarry has consequences, too
Contract farming is defined as a system for the production and supply of agricultural or horticultural produce under forward contracts between producers/suppliers and buyers. Contract farming offers the advantage of reduced capital investment, reduced risk of price fluctuation, guaranteed returns and provision of technical assistance to the farmers. The study was purposively conducted in Burdwan district of West Bengal, India, as the state is the second highest producer of potato in the country. Contract farming helped the farmers to diversify their farm, increased the employment opportunity and area under potato. It also helped the farmers to get more net benefit from potato. After engaging in contract farming the farmers used various inputs for potato cultivation more judiciously but not in higher quantity than the non contract farmers. There was not any major environmental disadvantage of potato contract farming except the emergence of new pest and diseases of potato. The knowledge level of the contract farmers about potato production technology and the disease management practices of potato were significantly higher than the non contract farmers..........
The focus area of this paper is on the assignment problem with budget constraints which is one of the application area of combinatorial optimization that operates on the domain of those optimization problems,in which the set of feasible solutions is discrete or can be reduced to discrete,and in which the goal is to find the best solution. It is particularly concerned with solving the unconstrained assignment problems with Hungarian algorithm and the constrained assignment problem by cutting plane or outer linearization algorithm for solving the Lagrangian dual problem in which, at each iteration,the function that approximates the dual function is optimized. The paper is divided in to two chapters. In the first chapter,the classical assignment problem,the problem of finding optimum (minimum or maximum) cost or profit assignment a set of workers or resources to jobs or activities to gather with its mathematical formulation,solution methods and special cases in assignment problems were considered. Under the second chapter, we have considered generalization of the classical assignment problem concerning resource(or budget) constraints, due to the variety of real life problems.
This is a short practical guide to international sales terms, providing a handy guide for drafting typical sales agreement clauses. The introductory chapter provides a short introduction to the Convention on the International Sale of Goods and Swiss law with regard to legal issues not dealt with by the CISG (i.e. assignment, set-off, limitation periods, validity of the contract etc.) as well as differences in this regard compared to other major jurisdictions (in particular England and the U.S.). The introductory part also deals with more general points of concern with regard to international sales contracts (eg. US. and European export control regulations, international tax law issues etc.) and best practices regarding the incorporation of the terms into the contract (the battle of forms problem). The main part of the book contains the annotated international sales terms and conditions (inter alia Terms of Payment, Retention of Title, Delivery, Transfer of Risk, Conformity of the Contract Goods and Remedies in case of Non-conformity, Confidentiality, Limitation of Liability, Termination, Governing Law and Arbitration Clause). The contents of each clause and its effect in the context of the applicable law are separately discussed and analysed. When deemed appropriate, alternatives for the drafting of individual clauses are provided.
This book gives a general understanding of the very idea of State of Nature and Social Contract Philosophy. The notion of State of Nature as it has been viewed by different Contract Philosophers is the background of this book. Keeping the background of the apolitical notion, it proceeds to understand the political notion e.g. Social Contract Philosophy in Rousseau's writings. The theory of General Will as it is the heart of Contract Philosophy has been discussed implicitly. However, the primary aim of this book is to review Rousseau's Contract philosophy from two influential thinkers point of view namely Emile Durkheim and Jhon Charvet.
Contract research is an aspect of applied research conducted by academic personnel for a specific client under the terms of a legal contract.As important as contract research is in the university system, it is not clear how far the universities are involved in this new strategy for generating fund for the universities and other benefits they can derive from it. This book provides detailed information about the contract research activities in Nigerian universities covering the following topics: Concept of contract research, Level of awareness of contract research in universities, Sources of information on contract research, Level of involvement of universities in contract research, Strategies for managing contract research, Benefits of contract research, Problems inhibiting university involvement in contract research, Inhibitions in sharing benefits of contract research. The information in this book will enable the university administrators, faculty members, government and industries to establish refined management arrangements for contract research activities and ensure efficient co-ordination and better accountability within the university system.
The study was designed to discuss the main features of contract vegetable production; to examine the vegetable supply chain, to estimate profitability of vegetables produced by contract and non-contract farmers and to estimate the effects of the key variables which are responsible for the production of different vegetables. Primary data collected from thirty samples of each category which were randomly selected from the study area, Chandina of Comilla district. The Bangladesh Rural Advancement Committee (BRAC) has introduced the contract farming system of vegetables for export using the "centralized limited management contract" model with a verbal or unwritten form of contract. The supply chain started from the production of high value vegetables through contract farmers and finally exported to mainstream supermarkets of the world. The gross margins, net returns and partial budgeting analysis showed that the contract growers significantly benefited much more than the non-contract growers. The findings of the log-linear regression model revealed that the key variables included in the model were individually or jointly responsible for variation in gross returns.
The study was conducted in South Eastern Nigeria using Anambra State as a case study. Eight Local Government Areas (LGAs) were purposively drawn from the study area from which 64 farmers under contract farming were drawn using a list from Cassava Growers Association in the area. Also 64 farmers that were not under contract farming were drawn across the LGAs. Staff from Agricultural Development Programme (ADP) and Nigeria Starch Mills, Ihiala, Anambra State assisted in data collected. Farm size, productivity, net returns, and welfare levels of the farmers under contract farming were higher than those not under contract farming. Productivity of contract farmers was significantly higher than productivity of farmers not under contract farming. However, there was no significant difference in the welfare status of both categories of farmers. The major problems facing contract farming in the zone were fund scarcity, lack of credit facilities and high production cost. Based on the findings, it was recommended that contract farming should be given more awareness and policies improved upon in this regard.
This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the "abstract" and "concrete" approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.
This book gives an introduction to the English law of contract. In this new and fully updated edition the book retains the primary focus of the first edition: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer-whether student or practitioner-from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, setting English contract law generally in the context of other European and international approaches, the book forms an introductory text for the English student, who can see not only how English contract law works but also get a glimpse of different ways of thinking about some of the fundamental rules of contract law. After a general introduction to the common law system-how a common lawyer reasons and finds the law-the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
The term “Good Faith” is considered as a divisive term under discussion in modern English contract law. United Kingdom is an example of the most sterile jurisdiction for the growth of the term “Good Faith” although the origin of the doctrine was established in the English court. In Singapore the question of good faith has not arisen before, until the court appeal judgment in the case of Ng Giap Hon v west comb securities Pte Ltd and others. The court had the first chance of introducing the term “ Good Faith” into the contract law in Singapore, but the court of appeal just failed to do so even in a soft approach way. Mainly with the mounting importance of transitional law the impact of the term “Good Faith” on English and Singaporean law is possibly to rise in the future. This research explore how mach important the term of “Good Faith” in English and Singaporean law.
The phenomenon of contract farming (CF) has remained a controversial subject in the literature. In the recent years, the interest of policy makers, researcher and development planners in CF in general and broiler farming in particular as a mechanism to govern linkages between farmers and agribusiness firms has increased considerably. The agri-business proponents advocate CF as a key strategy for rural transformation based on a dynamic partnership between small holders and agro-industrial enterprises. It provides opportunities to both the parties to benefit from modern technology, marketing facilities and other services to boost their incomes. However, there is a counter argument regarding the benefits of CF to the small holders and reject the idea of equal partnership. They argue that CF may subjugate the peasantry to increased control and exploitation by capital, leading to a peculiar form of proletarianization. Since the CF system in India is a recent phenomenon, research in this field is still at the initial stage, particularly in case of broiler. The book presents the economics of contract choice of broiler production under contract and non-contract production system.
The contract of commercial agency has become by its development, an international contract. It is presented as a mean of exporting while retaining control over trade policy and control over clients contrary to the distribution contract that breaks the link between manufacturer and customer. In fact, the choice of the topic “The place of commercial agency contract in international trade and the need for its regulation in Rwanda” was motivated by the fact that this contract is actually considered as an instrument of trade at a national and international level. Therefore, there is a problem of confrontation of different approaches to this contract since the nature of the activity of the agent varies from country to the other. For that, it has been asked the question about the applicability of this contract in Rwanda as a country that has made effort in trade reform in order to facilitate the actors in business that play an important role in development of the country.
Assignment Problem is one of the first fundamental problems in the area of combinatorial optimization. Despite its historical roots, the problem has tremendous importance to date, due to its numerous real life applications in like facility location, personnel scheduling, job scheduling, production planning, project assignment, task assignment, time-tabling, vehicle routing, storage space allocation, etc. This book comprises some real life assignment and related problems involving imprecise cost/time parameters. In order to represent those imprecise parameters, interval numbers have been used here as this representation is the best among others. The associated problems have been solved using Genetic Algorithm efficiently. A salient feature of this book is that most of the algorithms have been written in a lucid manner with suitable examples using figures. This book should interest academicians, OR/GA practitioners and executives of different industries and business organizations.
This book contains status of Indian agricultural sector and contract farming in India. The review of earlier literature which dealt with agricultural studies in general and studies on contract farming in particular. The empirical analysis presents production function and cost function analyses on contract and non contract farming systems as well as performance of four contracting agencies for two selected crops in the study area for maize (Monsanto seeds, Pioneer PHI seeds) and for sugarcane (Sarvaraya Sugars Ltd and Deccan Sugars Ltd) are presented.
In recent years, we have witnessed a tremendous growth of communication networks. This is because they are widely used in all walks of life, and this trend continues increasing. The research on computer communication networking field has also grown explosively due to a large variety of combinatorial optimisation problems. One of these problems is the Terminal Assignment Problem which implies fixing the minimum cost links to construct a network between a specified set of terminals and concentrators. A good solution for this problem should maintain small distances between concentrators and terminals assigned to them without exceeding the capacity of any concentrator. Additionally, it should also maintain a balanced distribution of terminals among concentrators. The intractability of this problem is a motivation for the pursuits of different approximation algorithms. In this book, we explore several metaheuristics applied to the Terminal Assignment Problem and other similar problems. Simulation results verify the effectiveness of these algorithms.
The book ia all about the working conditions of contract labourers in the engineering industries with special reference to motor and pump industries in Coimbatore district. This study examines the existing working conditions and offers developmental approach to the contract labourers’ affairs. Nowadays, in almost all the fields, in all kinds of organization the work done through contract is inevitable. According to the International Labour Organization (ILO), more workers are possibly involved in the urban informal sector than in the agricultural sector, because of the fast growing migration into the cities and the decentralization of production units. Today the world is in a phase of transition in terms of integration of economic activities on a global scale. The interface of social change for economic development has been universally accepted. this book will explain all the key determinants of contract labourers and the benefits that they deserve.
The problem of distributing goods from depots to consumers plays an important role in the management of many distribution systems, and therefore when it is programmed efficiently it may yield significant savings. In a typical distribution system, trucks provide pick-up and delivery services to customers that are geographically dispersed in a given area. In many of its applications, the main objective of distribution is to find a set of routes for such trucks, satisfying a variety of constraints, so as to minimize the total distribution cost. This work focuses on a decision model for a real world problem. The problem reveals itself as assignment of trucks to routes by Latex Foam Rubber Products Limited-Kumasi, Ghana. This study addresses the problem of finding an efficient assignment of the limited number of trucks at the company’s disposal to the routes they ply while serving its customers outside the metropolis. In this work we use a solution procedure based on Munkres Assignment Algorithm for optimal assignment of non-homogenous fleet of trucks to a given set of routes, where Latex Foam Rubber Products Limited-Kumasi, distributes its products to its customers.
The South African Constitution contains the Bill of Rights,which it describes as the cornerstone of democracy in South Africa and compels the state to "respect, protect, promote and fulfill the rights in the Bill of Rights".Section 200(A)of the Labour Relations Act ultimately codified various tests that were developed under common law.Labour relations is a multifaceted, intricate and complex discipline that is characterised by a number of salient features.
Contract management is an upcoming discipline in Uganda. Though currently considered to be in the field of procurement, any other field in an organization can be involved in managing contracts as long as the right thing is done. In relation to contract management, the aspect of compliance to set rules and regulations during the management process has been a big challenge. This book investigates the possible explanations of low compliance to contract management in Uganda with focus on contracts managed at local government level and provides explanations based on empirical evidence.Based on the evidence, conclusions and recommendations of how to improve the situation are provided.
It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.