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Contractual Performance and COVID-19

Contractual Performance and COVID-19
Author: Franz Schwarz
Publisher: Kluwer Law International B.V.
Total Pages: 610
Release: 2021-11-25
Genre: Law
ISBN: 9403526343
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As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Risk and Obligation in a Time of Pandemics

Risk and Obligation in a Time of Pandemics
Author: Dilan Thampapillai
Publisher:
Total Pages: 160
Release: 2022
Genre: COVID-19 (Disease)
ISBN: 9781509942541
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"COVID-19 has forced a radical rethink of all areas of human interactions, not least those governed by contract law. Is contract law fit for purpose in the face of the challenges raised by the pandemic? How effective are its standard tools during these unprecedented times? In one of the first major comments on the response of private law to the crisis, this book argues that in order to retain its legitimacy, contract law must fundamentally realign around 5 key objectives. These are: (i) meeting the reasonable expectations of honest actors; (ii) protecting against windfall gains; (iii) keeping obligations within stated or defined boundaries; (iv) navigating the boundary between legitimate self-interest and exploitation and (v) protecting against the harm that comes from solemn and repeated promises not being honoured."--

What We Owe Each Other

What We Owe Each Other
Author: Minouche Shafik
Publisher: Princeton University Press
Total Pages: 256
Release: 2022-08-23
Genre: Business & Economics
ISBN: 069120764X
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From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.

International Arbitration and the COVID-19 Revolution

International Arbitration and the COVID-19 Revolution
Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
Total Pages: 314
Release: 2020-11-17
Genre: Law
ISBN: 9403528435
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International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Coping with COVID-19

Coping with COVID-19
Author: Samoon Ahmad
Publisher: Lippincott Williams & Wilkins
Total Pages: 206
Release: 2020-01-19
Genre: Medical
ISBN: 1975189000
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Coping with COVID-19: The Medical, Mental, and Social Consequences of the Pandemic provides readers with unique and timely insights about the single most disruptive and epoch-defining public health event of the last 100 years. Written in an easy-to-read and accessible style, widely respected psychiatrist and author Dr. Samoon Ahmad explores both the science of the virus and the lasting psychological, clinical, and professional implications of the pandemic in two well-organized parts. The first part of the book examines the historical precedents of pandemics, as well as the virology and symptomology of SARS-CoV-2. The second part covers the broader effects of the pandemic on society with special consideration being given to its impact on public health policy, the medical industry, and the individual psychology of children and adults.

American Crisis

American Crisis
Author: Andrew Cuomo
Publisher: Crown
Total Pages: 329
Release: 2020-10-13
Genre: Political Science
ISBN: 059323927X
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NEW YORK TIMES BESTSELLER • Governor Andrew Cuomo tells the riveting story of how he took charge in the fight against COVID-19 as New York became the epicenter of the pandemic, offering hard-won lessons in leadership and his vision for the path forward. “An impressive road map to dealing with a crisis as serious as any we have faced.”—The Washington Post When COVID-19 besieged the United States, New York State emerged as the global “ground zero” for a deadly contagion that threatened the lives and livelihoods of millions. Quickly, Governor Andrew Cuomo provided the leadership to address the threat, becoming the standard-bearer of the organized response the country desperately needed. With infection rates spiking and more people dying every day, the systems and functions necessary to combat the pandemic in New York—and America—did not exist. So Cuomo undertook the impossible. He unified people to rise to the challenge and was relentless in his pursuit of scientific facts and data. He quelled fear while implementing an extraordinary plan for flattening the curve of infection. He and his team worked day and night to protect the people of New York, despite roadblocks presented by a president incapable of leadership and addicted to transactional politics. Taking readers beyond the candid daily briefings that became must-see TV across the globe, and providing a dramatic, day-by-day account of the catastrophe as it unfolded, American Crisis presents the intimate and inspiring thoughts of a leader at an unprecedented historical moment. In his own voice, Andrew Cuomo chronicles the ingenuity and sacrifice required of so many to fight the pandemic, sharing the decision-making that shaped his policy as well as his frank accounting and assessment of his interactions with the federal government, the White House, and other state and local political and health officials. Real leadership, he shows, requires clear communication, compassion for others, and a commitment to truth-telling—no matter how frightening the facts may be. Including a game plan for what we as individuals—and as a nation—need to do to protect ourselves against this disaster and those to come, American Crisis is a remarkable portrait of selfless leadership and a gritty story of difficult choices that points the way to a safer future for all of us.

National Strategy for the COVID-19 Response and Pandemic Preparedness

National Strategy for the COVID-19 Response and Pandemic Preparedness
Author: Joseph R. Biden, Jr.
Publisher: Simon and Schuster
Total Pages: 329
Release: 2021-05-04
Genre: Political Science
ISBN: 1510767614
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The ultimate guide for anyone wondering how President Joe Biden will respond to the COVID-19 pandemic—all his plans, goals, and executive orders in response to the coronavirus crisis. Shortly after being inaugurated as the 46th President of the United States, Joe Biden and his administration released this 200 page guide detailing his plans to respond to the coronavirus pandemic. The National Strategy for the COVID-19 Response and Pandemic Preparedness breaks down seven crucial goals of President Joe Biden's administration with regards to the coronavirus pandemic: 1. Restore trust with the American people. 2. Mount a safe, effective, and comprehensive vaccination campaign. 3. Mitigate spread through expanding masking, testing, data, treatments, health care workforce, and clear public health standards. 4. Immediately expand emergency relief and exercise the Defense Production Act. 5. Safely reopen schools, businesses, and travel while protecting workers. 6. Protect those most at risk and advance equity, including across racial, ethnic and rural/urban lines. 7. Restore U.S. leadership globally and build better preparedness for future threats. Each of these goals are explained and detailed in the book, with evidence about the current circumstances and how we got here, as well as plans and concrete steps to achieve each goal. Also included is the full text of the many Executive Orders that will be issued by President Biden to achieve each of these goals. The National Strategy for the COVID-19 Response and Pandemic Preparedness is required reading for anyone interested in or concerned about the COVID-19 pandemic and its effects on American society.