Download or read book The Death of Contract written by Grant Gilmore and published by Columbus : Ohio State University Press. This book was released on 1974 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Death of Contract The Ages of American Law written by Grant Gilmore and published by . This book was released on 1997 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Death of Contract Together with the Ages of American Law Grant Gilmore written by and published by . This book was released on 1997 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reconstructing Contracts written by Douglas G. Baird and published by Harvard University Press. This book was released on 2013-04-01 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Download or read book The Death of Contracts written by Franklin G. Snyder and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law is dying. Admittedly, given earlier erroneous reports of its demise, including (most prominently) that of Grant Gilmore in 1974, we might evoke memories of the boy who cried “Wolf!” But if we remember that story, the boy did eventually turn out to be right. The wolf eventually showed up. In this paper, written for a law review symposium on “Contract Law in 2025,” we look at contract law and adjudication simply as a technology -- what Jacques Ellul called a “technique” -- that is used by particular societies to solve particular problems at particular times. We do not think that this idea is controversial. While many legal theorists have argued over the years for some sort of deeper status for contract and other forms of private law, Karl Llewellyn and other Legal Realists emphasized the practical connection between contract and business practice, and that idea still largely dominates the field today. In this paper, we look at contract law and adjudication with a very wide lens to examine how the various pieces of interrelated contract technique correspond with the realities of the modern contracting world. The question for us is not whether particular parts of contract law are good or bad, but is the system working? And, more important, is it likely to work in anything like its current form in the world of the future? We examine what we call both the structural and the rule techniques of contract law. The former is the body of judicial institutions and systems that process breach of contract claims, while the latter is the body of what is usually called “doctrine” on which decisions are based. In this sense, the court system is the hardware on which contract law “software” runs. We find that the hardware (the judicial system) is built for a world in which transportation is easy but communication at a distance are hard, where legal costs are low, where decisions are rendered quickly, and where there is little competition in the business of resolving disputes. The software (contract doctrine) is rooted in a world in which it is difficult to tell commercial transactions from other interpersonal relationships; contracts are formed by individual haggling and reflect the unique individual understandings of the two parties; most contracting parties are sloppy and pay little attention to the deals they strike; lawyers are not usually involved in preparing contracts; language used by contracting parties varies sharply from place to place and is often different from that used by the general population; writings are expensive to produce and used rarely; parties do not usually need exactly what they bargained for; courts are the only available public mechanisms for dealing with fraud and unfair practices in transactions; and there are no good tools for making reliable estimates of gains and losses. In other words, as we show, contract technique is designed for a world that looks exactly like the world that developed it, the United States in the period from 1860 to 1960. It bears very little resemblance to the world of today, which is dominated by mass-market standard-form written contracts crafted by skilled lawyers, sophisticated modern contracting practices, globalization, prohibitively expensive and time-consuming litigation processes, and consumers and other contracting parties who are protected by a host of legislative and regulatory tools much better adapted than contract law to root out bad practices. This bad technological fit is a major reason why vast chunks of what used to be contract law (e.g., products liability, consumer law, employment law, insurance law, pension benefit law, etc.) have been carved off for more efficient treatment under other schemes, and why parties at both the high end (global industries) and the low end (individual consumers) of the legal system have been fleeing the courts in increasingly large waves. The changes that have occurred in the world to date, and which have resulted in this mismatch between technology and problems, are only going to accelerate. These processes will make the kind of contract rules embodied in common-law appellate opinions and reflected in the Restatements even less and less relevant. They have already lost much of their utility for the vast mass of contracting done in the U.S. and around the world. The bits that are likely to remain useful -- and even grow more useful in a standardized age -- will increasingly find themselves incorporated as principles in other bodies of law. The detritus that remains will serve not as helpful tools for furthering private ordering, but as hidden perils that will serve mainly to harm the unwary and drive up the costs of litigation.

Download or read book Symposium written by Northwestern University (Evanston, Ill.). School of Law and published by . This book was released on 1995 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Download or read book Unlocking Contract Law written by Chris Turner and published by Routledge. This book was released on 2014-01-03 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unlocking the Law series makes the law accessible. Each chapter contains activities such as quick quizzes and self-test questions, key facts charts to consolidate your knowledge and diagrams to aid learning. Cases, judgments and primary source quotations are prominently displayed. Summaries help you understand each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another.

Download or read book The Impossible Contract written by K. A. Doore and published by Macmillan + ORM. This book was released on 2019-11-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impossible Contract is the second book in K. A. Doore's high fantasy adventure series the Chronicles of Ghadid, where a determined assassin travels to the heart of the Empire in pursuit of a powerful mark, for fans of Robin Hobb, Sarah J. Maas, and S. A. Chakraborty An assassin’s reputation can mean life or death. This holds especially true for Thana Basbowen, daughter of the legendary Serpent, who rules over Ghadid’s secret clan of assassins. When a top-tier contract drops in her lap — death orders against foreign ambassador Heru Sametket — Thana seizes the opportunity. Yet she may be in over her head. Heru wields blasphemous powers against his enemies, and Thana isn’t the only person after his life: even the undead pursue him, leaving behind a trail of horror. Her mission leads her on a journey to the heart of a power-hungry empire, where dangers lurk around every corner. Her only ally is Mo, a determined healer set to protect Ghadid any way she can. As further occult secrets are unleashed, however, the aftermath of this impossible contract may be more than anyone can handle. The Chronicles of Ghadid #1: The Perfect Assassin #2: The Impossible Contract #3: The Unconquered City At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.

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 The Rise and Fall of Freedom of Contract written by P. S. Atiyah and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.

Download or read book The Contract Surgeon written by Dan O'Brien and published by Houghton Mifflin Harcourt. This book was released on 2001 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the true story of the friendship between a young doctor serving in the army during the Great Sioux War, and war chief Crazy Horse. Set in the Great Plains, this tale weaves a tapestry of time and events into the account of a single day--the last day in the life of Crazy Horse--to reveal the secrets of American history.

Download or read book Book Review written by Arthur Taylor Von Mehren and published by . This book was released on 1975 with total page 1412 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 Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Download or read book Gilmore written by Morton J. Horwitz and published by . This book was released on 1975 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2015-01-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst