Download or read book Rethinking Contract Law and Contract Design written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Download or read book Principles of the Law of Contracts written by Israel A. Washburne and published by . This book was released on 1918 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contractual Relations written by David Campbell and published by Oxford University Press. This book was released on 2022-09-29 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the author. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and an important statement of the relational theory of contract. This is a thoughtful and essential work for academics and research students in law, economics, and sociology.
Download or read book Psychological Contracts in Organizations written by Denise Rousseau and published by SAGE. This book was released on 1995-05-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.
Download or read book Contracts written by Ian R. Macneil and published by . This book was released on 2001 with total page 1374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extensive compilation of cases illustrating the development of those laws governing contracts, accompanied by informed text and explanatory materials. Chapter titles discuss: The Foundations and Functions of Contract; Exchange, Society, Contract and Law; Contract and Continuing Relations; Social Control and Utilization of Contractual Relations; Basic Contract Law Concepts Continued: Consideration, Agreement, Litigation, Content, Conditions, Assignment; Planning Contractual Relations; Planning for Performance Revisited; Planning for Risks: Indemnity, Suretyship, Insurance; Planning the Substance of Dispute Resolution; Planning Self-Help Remedies; Planning Processes of Dispute Resolution; and Legal Consequences of Incomplete and Ineffective Risk Planning.
Download or read book The New Social Contract written by Ian R. Macneil and published by . This book was released on 1980 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Revisiting the Contracts Scholarship of Stewart Macaulay written by Jean Braucher and published by Bloomsbury Publishing. This book was released on 2013-01-14 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.
Download or read book Changing Law and Contractual Relations under COVID 19 written by Yuka Kaneko and published by Springer Nature. This book was released on 2022-12-22 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state’s control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?
Download or read book Sales Representatives Contractual Relations Act written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism and published by . This book was released on 1983 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Linked Contracts written by Ilse Samoy and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.
Download or read book Principles of the Law of Contracts written by Israel a Washburne and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Washburne offers a comprehensive examination of the principles of contractual relations, focusing specifically on special contractual relationships. Drawing on case law and other legal sources, he provides detailed analysis of the complex legal issues that arise in these relationships, including agency, partnership, and employment contracts. With its clear and sophisticated analysis of the law of contracts, this book is an essential reference for all legal professionals. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book From Promise to Contract written by Dori Kimel and published by Bloomsbury Publishing. This book was released on 2003-03-14 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.
Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Download or read book Sales Representatives Contractual Relations Act written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism and published by . This book was released on 1983 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property and Contract in Their Relations to the Distribution of Wealth written by Richard Theodore Ely and published by . This book was released on 1914 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stewart Macaulay Selected Works written by David Campbell and published by Springer Nature. This book was released on 2020-10-30 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a unique resource about Stewart Macaulay one of the common law world’s leading scholars of the law of contract and of the law in action approach to the study of law. Since 1959, he has published over 50 articles in leading journals, a number of working papers, (with colleagues at the University of Wisconsin Law School) a pathbreaking casebook for the teaching of the law of contract, and (with other colleagues) equally pathbreaking collections of materials for the teaching of the law in action or law in context approach to the study of law. In this work Macaulay has established himself as one of the postwar world’s leading scholars of the law of contract and of the sociology of law. His work is an absolute reference point in both disciplines, and it has attracted great attention elsewhere, most notably in economic sociology, where his concept of non-contractual economic relationships is regarded as an important theoretical innovation. Macaulay’s work has become an object of commentary in its own right, and the proposed book is intended to assist further such commentary by making hitherto difficult to obtain works readily accessible. Most of Macaulay’s work is now, when the leading journals are generally available in electronic form, readily accessible to students and researchers in universities. There are, however, a number of interesting and in most cases important works published in less accessible journals or works which were not published in an electronic form, which are difficult to obtain. This book will make them readily available, and in so doing will make it possible in future for scholars to have Macaulay’s complete oeuvre readily to hand. Although Macaulay’s work has provoked very considerable discussion, there previously have been no overall accounts of that work as opposed to critical engagements with aspects of it. In this book, two additional essays by leading commentators give accounts of Macaulay’s work and provide an introduction to, exegesis of and general evaluation of Macaulay’s work as a whole which is not to be found in the existing literature.
