Download or read book Adhesion Contracts and Unfair Terms written by Andrew Burgess and published by . This book was released on 1987 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracts of Adhesion Between Law and Economics written by Elena D'Agostino and published by Springer. This book was released on 2014-11-21 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer’s psychology and seller’s drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.
Download or read book Unfair Contracts written by Sinai Deutch and published by . This book was released on 1977 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wrap Contracts written by Nancy S. Kim and published by Oxford University Press. This book was released on 2013-09-19 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society.
Download or read book Contracts in a Nutshell written by Gordon D. Schaber and published by West Publishing Company. This book was released on 1984 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Freedom and Restraint written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Download or read book Contract freedom and Restraint written by Richard Allen Epstein and published by Taylor & Francis US. This book was released on 2000 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cases Problems and Materials on Contracts written by Thomas D. Crandall and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases, Problems, and Materials on Contracts, Fifth Edition, Is distinguished by its excellent organization and straightforward approach. This case-and problem-oriented casebook provides unparalleled flexibility: Its length makes it suitable for use in courses of varying course hours, and its adaptable organization accommodates different teaching requirements, styles, and approaches. Students and professors alike appreciate all the aspects of this book that make it such an excellent means for studying Contracts: thorough coverage of basic themes of contract law contained in a manageable length accessible, well-organized, straightforward text beginning with clear introductions to each section and concept problem-oriented approach using short, well-conceived hypotheticals with answers provided in the Teacher’s Manual popular and flexible organization that starts with offer and acceptance and moves to consideration; however, The authors have designed the book so that the course can easily be taught starting with consideration or remedies tight case editing that allows students to more easily grasp the pertinent concepts Enhancements To The Fifth Edition include: in-depth discussion of adhesion contracts versus negotiated contracts all Article 1 citations have been updated To The newest version of Article 1 extensive revision of notes concerning the “battle of the forms” issue in Chapter 1, Intent to Contract: Offer and Acceptance Chapter 2, Consideration, and Chapter 7, Conditions and Promises: Performance and Breach, have been condensed, and more problems on the express condition have been added to Chapter 7 problems have been added and refreshed throughout the text problems, notes, And The selection and order of cases have been revised in Chapter 5, The Parole Evidence Rule and Interpretation of the Contract revised and updated Teacher’s Manual The flexible, problem-oriented organization of Cases, Problems, and Materials on Contracts, Fifth Edition, As well as its careful selection and editing of cases, make this casebook a highly effective teaching tool.
Download or read book Contract Law an Integrated Approach written by MARTHA M.. JR. ERTMAN (WILLIAM K. SJOSTROM. THREEDY, DEBORA L.) and published by Foundation Press. This book was released on 2023-08-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!
Download or read book Binding Promises written by W. David Slawson and published by Princeton University Press. This book was released on 1996-07-08 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: During its classical period, American contract law had three prominent characteristics: nearly unlimited freedom to choose the contents of a contract, a clear separation from the law of tort (the law of civil wrongs), and the power to make contracts without regard to the other party's ability to understand them. Combining incisive historical analysis with a keen sense of judicial politics, W. David Slawson shows how judges brought the classical period to an end about 1960 with a period of reform that continues to this day. American contract law no longer possesses any of the prominent characteristics of its classical period. For instance, courts now refuse to enforce standard contracts according to their terms; they implement the consumer's reasonable expectations instead. Businesses can no longer count on making the contracts they want: laws for certain industries or for businesses generally set many business obligations regardless of what the contracts say. A person who knowingly breaches a contract and then tries to avoid liability is subject to heavy penalties. As Slawson demonstrates, judges accomplished all these reforms, although with some help from scholars. Legislation contributed very little despite its presence in massive amounts and despite the efforts of modern institutions of law reform such as the Conference of Commissioners on Uniform State Laws. Slawson argues persuasively that this comparison demonstrates the superiority of judge-made law to legislation for reforming private law of any kind.
Download or read book Contract Law For Dummies written by Scott J. Burnham and published by John Wiley & Sons. This book was released on 2011-12-06 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Take the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more. Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
Download or read book Standard Contract Terms in Europe written by Hugh Collins and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
Download or read book Perspectives on Contract Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2018-03-12 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interesting and informative, Perspectives on Contract Law is an anthology of legal scholarship that presents both seminal and cutting-edge writing by luminaries in the field. Featuring selections from a new generation of contracts scholars including Steven J. Burton, Nathan B. Oman, Margaret Radin, and more, along with additional content by Alan Schwartz and Robert E. Scott, this text offers a diversity of articles that reflect a variety of contact theorists and perspectives. Created with the first-year law student in mind, this text provides introductory text and Study Guides that frame each article and helpfully suggest salient themes. A logical and modular organization make this reader suitable for use alongside any contracts casebook.
Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2013 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Download or read book Compulsory Arbitration written by Richard A. Bales and published by Cornell University Press. This book was released on 1997 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue.
Download or read book Exploitative Contracts written by Rick Bigwood and published by OUP Oxford. This book was released on 2003 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Exploitative Contracts' examines the 'essentially contestable' criteria of interpersonal exploitation claims. It puts forward a conception of exploitation: 'legal contractual exploitation', a form of wrongdoing that arises in connection with the formation of contracts.
Download or read book Drafting Successful Access and Benefit sharing Contracts written by Tomme Rosanne Young and published by BRILL. This book was released on 2017-10-30 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting Successful Access and Benefit-sharing Contracts gives an insightful and profound analysis of how contracts should be drafted so that biotechnology users and providers of genetic resources get access and become bound to share benefits from use of biological diversity.
