Elgar Commercial Law and Practice series – serie

In this thoroughly revised second edition, Anne Laure Bandle explores the process of attribution of artworks and antiques at auction and the commercial directive of auction houses when authenticating art and protecting themselves against misattributions. Bandle provides an extensive study of the phenomenon of ‘sleepers’ through an in-depth analysis of the contractual relationships, liabilities and remedies that arise in the context of auction sales.Key Features:Proposes new avenues to improve current auction practices and the dispute resolution processDiscusses updates in case law and legislation, including consumer protection laws and procedural lawsNew section dedicated to price guarantees arranged by auction houses, some of which are backed by third partiesExamination of the consequences of the currently applicable legal regime for the consignor, the auction house, the courts and the marketplaceComparative analysis of the law governing auctioneer’s liability in Europe and North America, establishing the risks and drawbacks of the existing regimeThe Sale of Misattributed Artworks and Antiques at Auction continues to be a fundamental resource for legal practitioners, auction houses, art dealers, authenticators, the judiciary and the insurance industry. Students and academics of art law and commercial law will also find this to be an indispensable reference.

Presenting a unique conceptual framework for interpreting and improving commercial agreements, this book marries a sound theoretical foundation with practical strategies for negotiating, drafting, advising on, and litigating such agreements. Using examples from Singapore jurisprudence to demonstrate how universal principles can be applied in diverse jurisdictional settings, the book examines the cultural and commercial contexts that underpin a multitude of business agreements – such as those relating to the supply of goods, distribution, and franchising – and illustrates how nuances of language are essential in the interpretation and translation of contracts. Key Features:Critiques common contractual language from both a litigation and transaction standpointArgues that commercial agreements are the product of ‘language-games’ played between partiesProvides practical guidance on the intricacies of drafting and interpreting commercial agreementsOutlines a comprehensive framework integrating diverse approaches which can be operationalized in the courtroom and in the boardroom This book is an essential resource for legal professionals including commercial law advisors, in-house counsel, litigators, and transactional lawyers. The conceptual approach also makes it attractive for scholars and students in commercial law and Asian law.

This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.This Third Edition has been carefully revised and updated to cover recent developments in the law. Key features include:detailed analysis of the leading cases on contractual terms implied at common law, by statute, by custom, trade usage, course of dealing and in fact.a new section on relational contracts following the case of Yam Seng Pte Ltd v. International Trade Corporation Ltd and its subsequent judicial treatment.This new edition will be an invaluable and appealing resource for all legal practitioners, both in practice and in-house, involved in contract drafting and contract negotiations. It also acts as a helpful reference for scholars and students in the field of contract law.

Combining detailed legal analysis with commercial guidance, this book examines the law relating to good faith in commercial contracts and the practical, procedural and legal issues that arise in respect of this often contentious area. Christina Perry evaluates express and implied good faith obligations in common and civil law contracts, as well as in commercial, employment, insurance, partnership and agency agreements. Key Features:Compares various areas of the law which are not often studied togetherProvides in-depth evaluation of recent case law in relation to good faith in commercial contractsDiscusses the obligation to exercise contractual discretion in good faith, following the leading case of Braganza v BP Shipping Ltd [2015]Assesses the treatment of good faith in contracts in common law jurisdictions such as the United States, and in civil law jurisdictions such as France and Germany This book is an essential resource for lawyers, both in-house and in private practice, who are responsible for advising clients on the negotiation and drafting of commercial contracts. It is also a helpful reference for students and scholars of commercial law, consumer law, employment law, finance and banking law, and insurance law.

This comprehensive book provides a detailed survey and practical examination of a wide range of legal and regulatory topics in HealthTech. Combining the insights of leading healthcare experts from around the world, chapters first examine the key characteristics, use cases and regulation in the field, before turning to the development and potential applications of cutting-edge technologies in healthcare. The book also addresses the main issues involved in setting up and running a HealthTech business, highlighting the vital role this will play in developing the technologies and skill sets required for the future of the sector.Key features include:analysis of the impact of emerging innovations on the accessibility, efficiency and quality of healthcare and its effects on healthcare providersexamination of artificial intelligence, blockchain and digital identity applications in healthcare, alongside associated regulatory challengesguidance on the financial requirements of healthcare start-ups at different stages of growth and various collaboration and partnership models in the HealthTech marketdiscussion of the major regulatory questions affecting the HealthTech industry, from data protection, public procurement and product liability, to the regulation of medical devices, intellectual property and advertising.HealthTech: Law and Regulation will be an invaluable resource for both in-house lawyers in the healthcare and pharmaceutical sectors, as well as those working for law firms practising in these areas. It will also be of interest to academics and students teaching or researching in healthcare law.