Contract As Promise

Author: Charles Fried
Publisher: Oxford University Press, USA
ISBN: 0190240164
Size: 21.55 MB
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Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.

From Promise To Contract

Author: Dori Kimel
Publisher: Hart Publishing
ISBN: 1841132128
Size: 68.44 MB
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The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.

A Theory Of Contract Law

Author: Peter A. Alces
Publisher: Oxford University Press, USA
ISBN: 0195371607
Size: 57.92 MB
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In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. This title confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures.

Vitiation Of Contracts

Author: Gareth Spark
Publisher: Cambridge University Press
ISBN: 1139620452
Size: 22.28 MB
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Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Contract As Assumption

Author: Brian Coote
Publisher: Bloomsbury Publishing
ISBN: 184731578X
Size: 70.35 MB
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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.

Commercial Contract Law

Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107311209
Size: 67.23 MB
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This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.

Philosophical Foundations Of Contract Law

Author: Gregory Klass
Publisher: Oxford University Press, USA
ISBN: 0198713010
Size: 52.84 MB
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"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Reasonableness And Responsibility A Theory Of Contract Law

Author: Martín Hevia
Publisher: Springer Science & Business Media
ISBN: 9400746040
Size: 54.48 MB
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If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

Oxford Essays In Jurisprudence Third Series

Author: John Eekelaar
Publisher: Oxford University Press, USA
ISBN:
Size: 22.69 MB
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This third book in the Oxford Essays in Jurisprudence series continues the established format and includes contributions from distinguished scholars in the field, each attempting to relate legal theory to specific areas of the law. Among the eminent contributors are Andrew Ashworth, Peter Cane, Hugh Collins, Anne de Moor, Jim Harris, Simon Lee, Bernard Rudden, and Christopher McCrudden.

Bibliography Of Law And Economics

Author: B. Bouckaert
Publisher: Springer Science & Business Media
ISBN: 9401708932
Size: 26.67 MB
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Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.