Download or read book Essays on Relational Contracts written by Marina Cynthia Halac and published by . This book was released on 2009 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Changing Concepts of Contract written by David Campbell and published by Springer. This book was released on 2017-02-28 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing Concepts of Contract is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour. Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made. In this collection, nine leading UK contract law scholars re-consider Macneil's work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship. In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father's thinking of those experiences outside academia. The collection also includes a Foreword by Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus at the University of Wisconsin-Madison, and an Introduction by Jay M Feinman, Distinguished Professor of Law at Rutgers School of Law.
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 Implicit Dimensions of Contract written by David Campbell and published by Bloomsbury Publishing. This book was released on 2003-07-16 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
Download or read book Good Faith and Relational Contracts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.
Download or read book The Relational Theory of Contract written by Ian R. MacNeil and published by . This book was released on 2001 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
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 Essays in Honour of AJ Kerr written by and published by Butterworth-Heinemann. This book was released on 2006 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Organizational Contract written by Stefan Grundmann and published by Routledge. This book was released on 2016-02-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
Download or read book The Modern Law of Contract written by Richard Stone and published by Routledge. This book was released on 2017-07-14 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Modern Law of Contract is a clear and logical textbook, written by an experienced author team with well over 50 years’ teaching and examining experience. Fully updated to address the Consumer Rights Act 2015 and recent key cases in Contract Law, it offers a carefully tailored overview of all key topics for LLB and GDL courses. The book also includes a number of learning features designed to enhance comprehension and aid exam preparation, allowing the reader to: ■ understand and remember core topics: boxed chapter summaries offer a useful checklist for students, while illustrative diagrams help to clarify difficult concepts; ■ identify important cases and assess their relevance: ‘Key case’ features highlight and contextualise the most significant cases; ■ reflect on how contract law operates in context: highlighted ‘For thought’ features ask students to consider ‘what if’ scenarios, while ‘in focus’ features offer critical commentary on the law; ■ consolidate learning and prepare for assessment: further reading lists and comparison website directions at the end of each chapter direct you to additional interactive resources to test and reinforce your knowledge. Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.
Download or read book Poole s Textbook on Contract Law written by Robert M. Merkin and published by Oxford University Press. This book was released on 2021 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills. Thought-provoking questions are posed throughout to develop an in-depth understanding of the subject through critical engagement.
Download or read book Institutional Economics and the Theory of Social Value Essays in Honor of Marc R Tool written by Charles M.A. Clark and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc R. Tool, both through his writings and his editorship of the Journal of Economic Issues, has had a profound influence on institutional economics. Tool's efforts, in his own words, "has been to keep values on the agenda of economic inquiry," which is another way of saying "keep economic inquiry relevant. " Tool's work on the theory of social value and instrumental valuation has helped to keep institutional economics focused on the core economic and social issues facing society, providing both a perspective from which to analyze the economy and a criteria for evaluating outcomes. This collection of essays is a testament to this legacy. Although these 15 chapters cover a wide and diverse range of topics, it is the common themes which are most striking: the inescapable necessity of values in economic discourse; the central role of valuation in economic activity; and most importantly, the requirement of democratic participation to achieve "efficient" solutions to the economic problem. These essays are offered to honor a body of work, a set of ideas, but mostly a man who, by directing economic inquiry to these core issues, has promoted "the continuity of human life and the noninvidious recreation of community through the instrumental use of knowledge.
Download or read book The Scent of Time written by Byung-Chul Han and published by John Wiley & Sons. This book was released on 2017-09-25 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his philosophical reflections on the art of lingering, acclaimed cultural theorist Byung-Chul Han argues that the value we attach today to the vita activa is producing a crisis in our sense of time. Our attachment to the vita activa creates an imperative to work which degrades the human being into a labouring animal, an animal laborans. At the same time, the hyperactivity which characterizes our daily routines robs human beings of the capacity to linger and the faculty of contemplation. It therefore becomes impossible to experience time as fulfilling. Drawing on a range of thinkers including Heidegger, Nietzsche and Arendt, Han argues that we can overcome this temporal crisis only by revitalizing the vita contemplativa and relearning the art of lingering. For what distinguishes humans from other animals is the capacity for reflection and contemplation, and when life regains this capacity, this art of lingering, it gains in time and space, in duration and vastness.
Download or read book Contractual Relations written by David Campbell and published by Oxford University Press. This book was released on 2022-09-05 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 The Contract of Employment written by Mark Freedland and published by Oxford University Press. This book was released on 2016-05-20 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.
Download or read book Shaping Contracts for Work written by Gabrielle Elisabeth Golding and published by Oxford University Press. This book was released on 2023-12-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract. By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.
