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 The Binding Power of Promises written by Katherine Armintor Burgess and published by . This book was released on 2006 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Calculating Promises written by Roy Kreitner and published by Stanford University Press. This book was released on 2006-12-08 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.
Download or read book The Binding Force of Promises written by Earl W. Spurgin and published by . This book was released on 1995 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Promises and Contract Law written by Martin Hogg and published by Cambridge University Press. This book was released on 2011-07-14 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.
Download or read book Binding Promises written by G. C. Scott and published by Virgin Books. This book was released on 2006-04-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Harold sells his flat, he also exchanges another kind of contract with the new owner- an agreement that involves his complete domination of an attractive, older woman who adores extreme restraint and rope bondage. And so his dark and intensely erotic initiation to the far reaches of control and sexual power begins in the most ordinary settings,with the most ordinary equipment. And despite being shocked at how far Samantha needs to go, can he resist taking her there?
Download or read book Promises and Agreements written by Hanoch Sheinman and published by Oxford University Press. This book was released on 2011-01-24 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promises and agreements are everywhere; we make, receive, keep, and break them on a daily basis. The quest to understand these social practices is integral to understanding ourselves as social creatures. The study of promises and agreements is enjoying a renaissance in many areas of social philosophy, including philosophy of language, action theory, normative ethics, value theory, and legal philosophy. This volume is the first collection of philosophical papers on promises and agreements, bringing together sixteen original self-standing contributions to the philosophical literature. The contributors highlight some of the more interesting aspects of the ubiquitous social phenomena of promises and agreements from different philosophical perspectives.
Download or read book Promises of States under International Law written by Christian Eckart and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.
Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-09-08 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned scholar of comparative private law Alexandra Braun examines the law of testamentary promises, details what happens when these promises are broken, and compares how and when the interests of beneficiaries of testamentary promises are protected across a number of legal systems.
Download or read book Handbook of the Law of Contracts written by William Lawrence Clark and published by . This book was released on 1914 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Promises on Prior Obligations at Common Law written by Kevin M. Teeven and published by Bloomsbury Publishing USA. This book was released on 1998-08-27 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.
Download or read book The Enforceability of Promises in European Contract Law written by James Gordley and published by Cambridge University Press. This book was released on 2001-07-12 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
Download or read book Thinking in Promises written by Mark Burgess and published by "O'Reilly Media, Inc.". This book was released on 2015-06-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagine a set of simple principles that could help you to understand how parts combine to become a whole, and how each part sees the whole from its own perspective. If such principles were any good, it shouldn’t matter whether we’re talking about humans on a team, birds in a flock, computers in a datacenter, or cogs in a Swiss watch. A theory of cooperation ought to be pretty universal, so we should be able to apply it both to technology and to the workplace. Such principles are the subject of Promise Theory, and the focus of this insightful book. The goal of Promise Theory is to reveal the behavior of a whole from the sum of its parts, taking the viewpoint of the parts rather than the whole. In other words, it is a bottom-up, constructionist view of the world. Start Thinking in Promises and find out why this discipline works for documenting system behaviors from the bottom-up.
Download or read book The Cunning of Uncertainty written by Helga Nowotny and published by John Wiley & Sons. This book was released on 2015-11-19 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uncertainty is interwoven into human existence. It is a powerful incentive in the search for knowledge and an inherent component of scientific research. We have developed many ways of coping with uncertainty. We make promises, manage risks and make predictions to try to clear the mists and predict ahead. But the future is inherently uncertain - and the mist that shrouds our path an inherent part of our journey. The burning question is whether our societies can face up to uncertainty, learn to embrace it and whether we can open up to a constantly evolving future. In this new book, Helga Nowotny shows how research can thrive at the cusp of uncertainty. Science, she argues, can eventually transform uncertainty into certainty, but into certainty which remains always provisional. Uncertainty is never completely static. It is constantly evolving. It encompasses geological time scales and, at the level of human experience, split-second changes as cells divide. Life and death decisions are taken in the blink of the eye, while human interactions with the natural environment may reveal their impact over millennia. Uncertainty is cunning. It appears at unexpected moments, it shuns the straight line, takes the oblique route and sometimes the unexpected short-cut. As we acknowledge the cunning of uncertainty, its threats retreat. We accept that any scientific inquiry must produce results that are provisional and uncertain. This message is vital for politicians and policy-makers: do not be tempted by small, short-term, controllable gains to the exclusion of uncertain, high-gain opportunities. Wide-ranging in its use of examples and enriched by the author’s experience as President of the European Research Council, one of the world’s leading funding organisations for fundamental research. The Cunning of Uncertainty is a must-read for students and scholars of all disciplines, politicians, policy-makers and anyone concerned with the fundamental role of knowledge and science in our societies today.
Download or read book Love s Promises written by Martha M. Ertman and published by Beacon Press. This book was released on 2016-05-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blends memoir and legal cases to show how contracts can create family relationships Most people think of love and contracts as strange bedfellows, or even opposites. In Love’s Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls “deals.” Family law should and often does recognize that variety because legal rules, like relationships, aren’t one size fits all. The most common form of family—which Ertman calls “Plan A”—come into being through different kinds of agreements than the more uncommon families that she dubs “Plan B.” Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different. After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people—straight and gay, married and single, related by adoption or by genetics—use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as “family” are legally recognized as family in the eyes of the law. Family exchanges can be substantial, like vows of fidelity, or small, like “I cook and you clean.” But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love’s Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.
Download or read book Columbia Law Review written by and published by . This book was released on 1910 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatment of the Fundamental Principles of the Law of Contracts written by Carl Frederick Helm and published by . This book was released on 1926 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
