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(Ebook) Petroleum Contracts English Law and Practice 2nd Edition by Peter Roberts 0198723997 9780198723998

  • SKU: EBN-43620582
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Authors:Peter Roberts
Pages:449 pages.
Year:2016
Editon:2
Publisher:Oxford university press
Language:english
File Size:4.77 MB
Format:pdf
ISBNS:9780198723998, 0198723997
Categories: Ebooks

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(Ebook) Petroleum Contracts English Law and Practice 2nd Edition by Peter Roberts 0198723997 9780198723998

Petroleum Contracts: English Law and Practice 2nd Edition by Peter Roberts - Ebook PDF Instant Download/Delivery: 0198723997, 9780198723998
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ISBN 10: 0198723997
ISBN 13: 9780198723998
Author: Peter Roberts

In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.

Petroleum Contracts: English Law and Practice 2nd Table of contents:

1. English Law and Practice
A. Introduction
B. The Basis of English Law
C. Common Law and Equity
D. Common Law and Civil Law
E. Contract and Tort
F. The English Law of Contract
G. Freedom of Contract and Binding Contract
H. Companies and Contracts
I. Debt and Damages
J. The Meaning of Indemnity
2. Contract Architecture and Interpretation
A. Introduction
B. The Architecture of a Contract
C. Principles of Contractual Interpretation
D. Express Contractual Interpretation
E. Rectification by Interpretation
3. Petroleum Contracts
A. Introduction
B. The Petroleum Sector
C. Upstream Contracts
D. Midstream Contracts
E. Downstream Contracts
F. General Contracts
4. Preliminary Contracts
A. Introduction
B. Preliminary Contracts
C. The Obligation for Further Negotiation
D. The Creation of an Independent Contract
E. Option Contracts
5. Conditional Contracts
A. Introduction
B. Defining Conditions under English Law
C. How Conditions Precedent Work
D. Conditionality in Petroleum Contracts
6. Parties, Third Parties, Joint Ventures, and Partnerships
A. Introduction
B. The Definition of a Party
C. Vicarious Performance
D. Privity of Contract
E. Agency and Attorneys
F. Joint Ventures
G. Partnerships
7. Equitable Rights and Remedies
A. Introduction
B. The Role of Equity
C. Trusts
D. Fiduciary Duties
E. Specific Enforcement
F. Other Equitable Remedies
8. Commodity Sales Contracts
A. Introduction
B. The Sale of Goods Act 1979
C. Transfers of Title, Risk, and Custody
D. Implied Terms
E. Take or Pay
F. Retention of Title
G. Contracts of Bailment
H. Price Reviews
9. Collateral Support and Security Interests
A. Introduction
B. Guarantees
C. Demand Guarantees
D. Documentary Credits
E. Letters of Comfort
F. Practical Aspects of Collateral Support
G. Security Interests
10. Impossibility and Impracticability of Performance
A. Introduction
B. Absolute Contracts
C. The Doctrine of Frustration
D. The Doctrine of Force Majeure
E. Force Majeure and Frustration Reconciled
F. Hardship and Material Adverse Change
G. Impossibility and Impracticability in Petroleum Contracts
11. Damages for Breach of Contract
A. Introduction
B. The Basis of Damages
C. Assessing Damages under English Law
D. Assessing Damages in Detail
E. Restitutionary Remedies
F. Liquidated Damages and Penalties
G. Particular Damages Issues
12. Termination
A. Introduction
B. Termination by Performance
C. Termination by Agreement
D. Termination by Breach
E. Contractual Termination
F. Termination by Operation of Law
G. Consequences of Termination
H. Termination in Petroleum Contracts
13. Liability Allocation
A. Introduction
B. Liability Allocation
C. Concurrent Liability in Contract and Tort
D. Consequential Loss
E. Liability Caps
F. Exclusion Clauses
G. Wilful Misconduct and Gross Negligence
H. Insurance
I. Operator Liability
J. Other Recoveries
14. Transfers of Interests
A. Introduction
B. Transfers of Contractual Rights by Law
C. Transfers of Contractual Obligations
D. Transfers of Interests Regulated by Contract
E. Financing Transfers
F. Pre-emption Rights
G. Change of Control
H. Farm Outs and Earn Outs
15. Law and Disputes
A. Introduction
B. Governing Law and Jurisdiction
C. The Grounds for Disputes
D. Dispute Resolution Mechanisms
E. Sovereign Immunity
F. Industry Custom and Practice
G. Limitation Periods
16. The Boilerplate
A. Introduction
B. Amendment
C. Confidentiality
D. Entire Agreement
E. Further Assurances
F. Joint and Several Liability
G. Lock-out and Lock-in
H. Reasonable and Best Endeavours
I. Set-off
J. Severability
K. Time of the Essence
L. Warranties and Representations

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