Download or read book Codifying Contract Law written by Mary Keyes and published by Routledge. This book was released on 2016-05-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

Download or read book Contract Code written by Harvey McGregor and published by . This book was released on 1993 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book Selections from the Restatement Second Contracts and Uniform Commercial Code for First Year Contracts 2023 Supplement written by Tracey E. George and published by Aspen Publishing. This book was released on 2023-08-12 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable supplement to any contracts law casebook (including the authors’ own K: A Common Law Approach to Contracts), this concise statutory supplement provides the materials necessary to keep your first-year contracts course completely up-to-date. Inside you will find the materials necessary to learn how to use the most important sources of law (other than the judicial opinions which fill your casebook): the Restatement (Second) of Contracts and the principal commercial statute—the Uniform Commercial Code—as part of the foundation course in contracts. The authors’ careful selection of sections and the judicious inclusion of comments and illustrations from the Restatement (Second) and the Uniform Commercial Code ensures students have access to resources which add helpful depth to the “black letter law” and avoids overwhelming students with dense and unnecessary detail. This statutory supplement aids students in the task of learning the essentials of contract law. Highlights of the 2023 Edition: Includes Article 1 and 2 sections as amended by the American Law Institute and the Uniform Law Commission in 2022 to respond to emerging technologies. Article 1 includes a preface detailing the revision process and key changes to the UCC. In Article 1, definitions (§1-201), “conspicuous” (10) is condensed, “electronic” (16A) is added, “money” (24) is clarified, and send (26) and sign (37) are updated. Article 2’s scope provision (§2-102) expressly adopts the “predominant factor” test of “hybrid transactions,” which is now defined (§2-106(5)). Numerous sections (§2-201, §2-202, §2-203, §2-205, and §2-209) are modernized by replacing or supplementing “writing” with the broader “record”.

Download or read book Codification of the Law of Contract written by Aubrey L. Diamond and published by . This book was released on 1968 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contract Law and Contract Practice written by Catherine E Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.

Download or read book The Contract Law Codification Process in Europe Policies Targets and Time Dimensions written by Mauro Bussani and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Business and Commerce Code written by Texas and published by . This book was released on 2009 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on the Law of the Contract of Pledge as Governed by Both the Common Law and the Civil Law written by Henry Denis and published by . This book was released on 1898 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contract Law in China written by Bing Ling and published by . This book was released on 2002 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-12 with total page 2250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Download or read book Rules of Contract Law written by Charles L. Knapp and published by Aspen Publishers. This book was released on 2003-06-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compact paperback from a respected author team can support any casebook. Knapp, Crystal, and Prince provide the rules you need to reveal the statutory underpinnings of the law, plus additional material to foster a deeper, more meaningful understanding of Contracts. For essential information in an accessible format, turn to the paperback statutory supplement many law professors have relied on to make teaching and learning Contracts more effective.

Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Download or read book Selections from the Restatement Second Contracts and Uniform Commercial Code for First Year Contracts 2024 Supplement written by Tracey E. George and published by Aspen Publishing. This book was released on 2024-07-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable supplement to any contracts law casebook (including the authors’ own K: A Common Law Approach to Contracts), this concise statutory supplement provides the materials necessary to keep your first-year contracts course completely up-to-date. Inside you will find the materials necessary to learn how to use the most important sources of law (other than the judicial opinions which fill your casebook): the Restatement (Second) of Contracts and the principal commercial statute—the Uniform Commercial Code—as part of the foundation course in contracts. The authors’ careful selection of sections and the judicious inclusion of comments and illustrations from the Restatement (Second) and the Uniform Commercial Code ensures students have access to resources which add helpful depth to the “black letter law” and avoids overwhelming students with dense and unnecessary detail. This statutory supplement aids students in the task of learning the essentials of contract law. Highlights of the 2024 Edition: Includes Article 1 and 2 sections as amended by the American Law Institute and the Uniform Law Commission in 2022 to respond to emerging technologies, including artificial intelligence, blockchain, and digital currencies. Provides an update on state legislative actions in response to the amendments. Article 1 includes an updated preface detailing the revision process and key changes to the UCC. Article 1 was substantially revised to change fundamental concepts that are present throughout the code (§1-201. “Definitions”). The supplement includes those revisions that are most relevant to first-year contracts: “conspicuous” (10) is condensed, “electronic” (16A) is added, “money” (24) is clarified, and send (26) and sign (37) are updated. Article 2’s scope provision (§2-102) expressly adopts the “predominant factor” test of “mixed” or “hybrid” transactions that involve both goods and services (§2-106(5)). Numerous sections (§2-201, §2-202, §2-203, §2-205, and §2-209) are modernized by to account for electronic signatures and digital documents.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Code written by Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig and published by Createspace Independent Publishing Platform. This book was released on 2016-08-31 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.