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Book Essay Upon the Law of Contracts and Agreements

Download or read book Essay Upon the Law of Contracts and Agreements written by John Joseph Powell and published by . This book was released on 1790 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Essay Upon the Law of Contracts and Agreements

Download or read book Essay Upon the Law of Contracts and Agreements written by John Joseph Powell and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powell, John Joseph. Essay Upon the Law of Contracts and Agreements. Walpole: Printed, At the Press of Thomas & Thomas, by David Newhall, 1802. Two volumes. Reprint available January 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-520-3. Cloth. $150. * Reprint of the first American edition of the first treatise on the subject. (It is based on the first London edition, 1790, to which it is starred.) Powell [1755?-1801] wrote several distinguished treatises that were used widely in England and America, including this one. Though mildly critical of its organization, Holdsworth considers it "an able book" that "is much more than a digest of cases" because "[i]n all cases the author tries, with considerable success, to state principles, and to illustrate them by cases.": History of English Law XII:392.

Book Landmark Cases in the Law of Contract

Download or read book Landmark Cases in the Law of Contract written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2008-05-30 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.

Book The Law of Contract 1670   1870

    Book Details:
  • Author : Warren Swain
  • Publisher : Cambridge University Press
  • Release : 2015-02-12
  • ISBN : 1107040760
  • Pages : 363 pages

Download or read book The Law of Contract 1670 1870 written by Warren Swain and published by Cambridge University Press. This book was released on 2015-02-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the development of contract law doctrine in England from 1670 to 1870.

Book The Transformation of American Law  1780 1860

Download or read book The Transformation of American Law 1780 1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Book The Philosophical Origins of Modern Contract Doctrine

Download or read book The Philosophical Origins of Modern Contract Doctrine written by James Gordley and published by Clarendon Press. This book was released on 1993-02-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.

Book Contract   Consent

    Book Details:
  • Author : Jack Richon Pole
  • Publisher : University of Virginia Press
  • Release : 2010
  • ISBN : 0813928613
  • Pages : 443 pages

Download or read book Contract Consent written by Jack Richon Pole and published by University of Virginia Press. This book was released on 2010 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contract and Consent, the renowned legal historian J. R. Pole posits that legal history has become highly specialized, while mainstream political and social historians frequently ignore cases that figure prominently in the legal literature. Pole makes a start at remedying the situation with a series of essays that reintegrate legal with political and social history. A central theme of the essays is the link between Anglo-American common law and contract law and American political and constitutional principles. Pole also emphasizes the political functions of legal institutions in English and American history, going so far as to suggest that we need to divest ourselves of any notion of the separation of powers. Instead, we need to acknowledge the historical role of courts, juries, and the common law as agencies of political representation and as promulgators of law and policy. Other essays show the implications of independence for American law, and how American political scientists converted the concept of sovereignty from its authoritarian claims in the eighteenth century into a product of the political process in the nineteenth and twentieth centuries. Although the American colonies made their own versions of the common law, there was no simple division between "English" and "American" law. But it was of fundamental importance that an entitled, landed aristocracy was never imported into or allowed to take root in America, with the result that American law was much simpler than its English counterpart, with the latter's accretion of esoteric language and procedures. Having established the basis of Anglo-American legal history in contract and common law in part one, in the second half of the volume Pole explores various constitutional and legal themes, from bicameralism in Britain and America and the role of the Constitution in the making of American nationality to the performance of representative institutions in the century following the American Revolution.

Book Commentaries on European Contract Laws

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 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.

Book Private Law and Power

    Book Details:
  • Author : Kit Barker
  • Publisher : Bloomsbury Publishing
  • Release : 2017-01-12
  • ISBN : 1509906002
  • Pages : 538 pages

Download or read book Private Law and Power written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

Book Legal Theory and Legal History

    Book Details:
  • Author : Alfred William Brian Simpson
  • Publisher : A&C Black
  • Release : 1987-01-01
  • ISBN : 9780907628835
  • Pages : 458 pages

Download or read book Legal Theory and Legal History written by Alfred William Brian Simpson and published by A&C Black. This book was released on 1987-01-01 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Cheshire  Fifoot  and Furmston s Law of Contract

Download or read book Cheshire Fifoot and Furmston s Law of Contract written by M. P. Furmston and published by Oxford University Press. This book was released on 2017 with total page 901 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides an] account of the principles of the law of contract with...analysis and insights...Each topic is clearly signposted with summaries, introductory text and sub-headings for ease of navigation throughout the book. Numerous references to additional primary and secondary sources take the reader even further into the subject."--

Book Heart versus Head

    Book Details:
  • Author : Peter Karsten
  • Publisher : Univ of North Carolina Press
  • Release : 2000-11-09
  • ISBN : 0807862355
  • Pages : 690 pages

Download or read book Heart versus Head written by Peter Karsten and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America. Originally published in 1997. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Book Privity of Contract  The Impact of the Contracts  Right of Third Parties  Act 1999

Download or read book Privity of Contract The Impact of the Contracts Right of Third Parties Act 1999 written by Robert Merkin and published by Taylor & Francis. This book was released on 2013-07-24 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.

Book Alphabetical Catalogue of the Library of Congress

Download or read book Alphabetical Catalogue of the Library of Congress written by Library of Congress and published by . This book was released on 1864 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A catalogue of the library of the State of Virginia  To which are prefixed the rules and regulations provided for the government of the library

Download or read book A catalogue of the library of the State of Virginia To which are prefixed the rules and regulations provided for the government of the library written by Richmond Va, state libr and published by . This book was released on 1856 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Catalogue of the Library of the State of Virginia     to which are prefixed  the rules  etc

Download or read book A Catalogue of the Library of the State of Virginia to which are prefixed the rules etc written by Virginia State Library (RICHMOND, Virginia) and published by . This book was released on 1856 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: