Download or read book Aspects of Fairness in Contract written by Chris Willett and published by Blackstone Press. This book was released on 1996 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays was developed from a conference on Fairness in Contract Law which was held at the University of Warwick in May 1994. It will contribute to the ongoing discussion and debate as to the role of fairness in contract law. The book includes chapters on the recent Unfair Terms in Consumer Regulations 1994; quality obligations and remedies in contracts for the sale of goods; liabilities of manufacturers and subcontractors to consumers and employers respectively; agreed remedies and corporate contracts. It will be useful to both academics and students studying contract, consumer and commercial law.
Download or read book Fairness in Practice written by Aaron James and published by OUP USA. This book was released on 2012-04-13 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author argues that to achieve a fair global economy, there must be compensation of people harmed by their exposure to the global economy, but also equal division of the "gains of trade" across societies.
Download or read book Sanctity of Contracts in a Secular Age written by Stephen Waddams and published by Cambridge University Press. This book was released on 2019-03-21 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Download or read book Fairness in Consumer Contracts written by Chris Willett and published by Routledge. This book was released on 2016-12-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
Download or read book Contract Law as Fairness written by Josse Gerard Klijnsma and published by . This book was released on 2014 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defending Substantive Fairness in Contract Law written by Prince Saprai and published by . This book was released on 2009 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Download or read book Fairness in Contract written by Thio shen Yi and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Contract Law and Theory written by Larry D. DiMatteo and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.
Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Download or read book Protecting Individual Self Interest in Aggregate as the Basis of Fairness in Contract written by Matthew Marinett and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the existence of a near consensus on most of the specifics of common law contract law, there remains a great deal of uncertainty about how doctrines of contractual fairness are to be applied to excuse a party from a contract, and no clear justificatory principle has been found to explain them. This article attempts to reach a unifying principle for the exceptions to contractual enforcement, including unconscionability, undue influence, duress, and mistake, based on the premise that, in order to find a unifying principle for why we provide exceptions to contractual enforcement on the basis that the contract is unfair, we must first determine why contract is enforced at all. The exceptions to contractual enforcement can then be united by a principle that contracts should not be enforced where to do so would undermine the purposes of enforcing contract, or where the reasons for non-enforcement outweigh the reasons for enforcement. This article therefore establishes three general premises that underlie contractual enforcement: (1) the utility of contract law, as a state-enforced law of general application, should be judged on aggregative and societal level; (2) contractual enforcement encourages and enforces welfare-enhancing agreements, but only if we can assume that each party is able to rationally consider her own self-interest with respect to the terms of the agreement such that both parties increase their utility in the bargain; and (3) agreements that are rationally welfare-enhancing at the time of their formation should generally be enforced even in cases in which one party later regrets the agreement to protect the welfare-enhancing societal institution of contracting.Based upon these premises, this article argues that the doctrines of contractual fairness can be unified by an inquiry into whether, in the circumstances, both parties were rationally able to consider and protect their self-interest in the formation of the agreement. It then proposes that where both parties could not, the agreement should be set aside, as the purposes of contract are undermined. Where only one party could not, the agreement should be set aside where the other party knew, or should have known, that the other party could not rationally consider and protect their own interests. This latter caveat serves to protect the societal and aggregative nature of contract law. This article then demonstrates that this approach can justify existing doctrines of fairness and can also explain the outcomes of seminal contractual fairness cases. This article also explores what it means to be able to rationally protect one's self-interest, and addresses a number of possible objections and concerns to the argument presented.
Download or read book International Standard Contracts written by Antonio Boggiano and published by Springer. This book was released on 1991 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Standard Contracts
Download or read book What Place for Fairness in Digital Content Contracts written by Agustin Reyna and published by Nomos Verlag. This book was released on 2020-10-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Verbraucher sehen sich häufig Beschränkungen beim Zugang zu und bei der Nutzung von online angebotenen Inhalten ausgesetzt, die in Endbenutzer-Lizenzvereinbarungen durchgesetzt werden. Diese Beschränkungen können mit den durch das EU-Verbraucherrecht geschützten Verbraucherinteressen kollidieren. Dieses Buch bewertet die ungeklärte Beziehung zwischen dem EU-Urheberrecht und dem Verbraucherrecht, indem es die geltenden Rechtsvorschriften für die Bereitstellung digitaler Inhalte, einschließlich der neuen Richtlinie über digitale Inhalte und digitale Dienste und der Richtlinie über das Urheberrecht im digitalen Binnenmarkt, sowie die einschlägige Rechtsprechung des EuGH zur Beurteilung von Grundrechtskonflikten im Zusammenhang mit urheberrechtlichen Nutzungsbeschränkungen sorgfältig berücksichtigt. Dieses Buch enthält einen Vorschlag für einen integrativen Ansatz, der darauf abzielt, die Interessen von Urheberrechtsinhabern und Verbrauchern beim Zugang zu digitalen Inhalten und deren Nutzung miteinander in Einklang zu bringen.
Download or read book Fairness at Work and the Psychological Contract written by David Guest and published by . This book was released on 1998 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
Download or read book What We Owe Each Other written by Minouche Shafik and published by Princeton University Press. This book was released on 2022-08-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
