Download or read book Foundations of American Contract Law written by James Gordley and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--

Download or read book Fundamentals of American Law written by New York University. School of Law and published by . This book was released on 1996 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.

Download or read book Foundations of Contract Law written by Richard Craswell and published by . This book was released on 1994 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Foundational Principles of Contract Law written by Melvin A. Eisenberg and published by Oxford University Press. This book was released on 2018-09-20 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.

Download or read book Foundations of Contract Law written by Richard Craswell and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text brings together important legal studies and a wealth of materials by economists, historians, political scientists, and sociologists to illuminate the intellectual currents and social and political forces behind contemporary practices and procedures. Designed to complement any standard casebook, it will be an invaluable resource both for the required contracts course and for any upper-level contract theory course. The Foundations of Law Series offers a collection of comprehensive readings that provide an interdisciplinary perspective on a substantive legal field. Edited by scholars who have made important contributions, the readings are designed to provide an accessible introduction to the leading scholarship in a field. Accompanying notes and questions permit students to engage fully in the literature on their own, as well as to aid their understanding of material covered in classes.

Download or read book Foundations of Contract Law written by CRASWELL and published by . This book was released on 1994-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Foundations of Public Contracts written by Giacomuzzi, José G. and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.

Download or read book Foundations of Contract Law written by Richard Craswell and published by . This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays have been specifically selected to further students' understanding of the basics of contract law, and they cover a wide range of topics. The text serves as an excellent facilitator for thought-provoking classroom discussions. Topics include contract formation, remedies for breach, and defenses.

Download or read book Foundations of American Contract Law written by James Gordley and published by Oxford University Press. This book was released on 2023 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--

Download or read book The Legal Universe written by Vine Deloria, Jr. and published by Fulcrum Publishing. This book was released on 2016-07-06 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Deloria and Wilkins, "Whenever American minorities have raised voices of protest, they have been admonished to work within the legal system that seek its abolition." This essential work examines the historical evolution of the legal rights of various minority groups and the relationship between these rights and the philosophical intent of the American founders.

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Download or read book An Essay on the Doctrine of Contracts written by Gulian Crommelin Verplanck and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. In his discussion of early American works on contract law in The Transformation of American Law Horwitz observes that "nowhere were [its] underlying bases more brilliantly and systematically rethought" than in Verplanck's Essay (281). Indeed, compared to those of Dane and Story, "Verplanck's reconsideration of the philosophical foundations of contract law was by far the most penetrating among the American treatise writers" (283). It is a landmark in the development of the will theory of contract and an elaborate critique of the doctrine of caveat emptor, which had recently been adopted by the U.S. Supreme Court in Laidlaw v. Organ (1817). On a broader level, this key work is interesting for its insights into the tandem development of contract law and the market economy on the cusp of the economic boom of the 1820s.

Download or read book Business Law and the Legal Environment written by Jethro K. Lieberman and published by . This book was released on 1993-04 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law of Contract Cases and Materials written by Lawrence J McKee and published by Independently Published. This book was released on 2024-08-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unravel the Foundations of Contract Law: Master the Foundations with Engaging Case Studies and Expert Analysis Have you ever wondered what makes a simple handshake transform into a legally binding agreement? Or how a casual promise can become a powerful tool for justice? "Law of Contract - Cases and Materials: Foundations of Contract Law - Offer, Acceptance & Consideration" is your key to unlocking the mysteries of contract law. This isn't your typical dry, jargon-filled legal textbook. Professor Lawrence J. McKee, a seasoned expert in contract law, brings the subject to life with clear explanations, real-world examples, and thought-provoking case studies. Inside, you'll discover: The building blocks of contracts: Master the essential elements of offer, acceptance, and consideration, and understand how they interact to create legally enforceable agreements. The power of the written word: Explore how courts interpret contractual terms, ensuring clarity and fairness in every agreement. The consequences of broken promises: Learn about the various remedies available for breach of contract, from monetary damages to equitable relief. The ethical dimensions of contract law: Engage in critical analysis and policy debates, reflecting on the role of contract law in promoting social justice and fairness. This book is perfect for: Law students seeking a comprehensive and engaging introduction to contract law. Legal professionals looking to refresh their knowledge and stay abreast of current developments. Business owners and entrepreneurs wanting to understand the legal framework that governs their agreements. Anyone interested in the fascinating world of contract law and its impact on our daily lives. Don't miss out on this invaluable resource! "Law of Contract - Cases and Materials: Foundations of Contract Law - Offer, Acceptance & Consideration" is the definitive guide to mastering the fundamentals of contract law and navigating the complexities of contractual relationships with confidence and clarity. Order your copy today and embark on a journey of legal discovery!

Download or read book Fault in American Contract Law written by Omri Ben-Shahar and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.