Download or read book The Doctrine of Public Policy in the Law of Contracts written by Elisha Greenhood and published by . This book was released on 1886 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Doctrine of Public Policy in the Law of Contracts written by and published by . This book was released on 1886 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Public Contracts written by James Francis Donnelly and published by . This book was released on 1922 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unruly Horse Put Out to Pasture written by Sacha Judd and published by . This book was released on 1997 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Illegality and Public Policy written by R. A. Buckley and published by . This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to illegality of contract is of considerable importance. This text examines the area, covering all situations where a contract cannot be enforced because to do so would result either in an illegal act or be against public policy.
Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Download or read book Principle and Policy in Contract Law written by Stephen Waddams and published by Cambridge University Press. This book was released on 2011-08-18 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
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.
Download or read book Contracts in Crises written by Richard E. Speidel and published by . This book was released on 2007 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government frequently responds to crises (like 9/11 and Hurricane Katrina) with laws that have retrospective effects on existing contracts. Because these laws are usually constitutional, the promisee has no claim against the government. The promisor, however, will probably obtain an excuse from the contract because performance is now either illegal or impaired by government acts or orders. The promisor is in what can be called "the Zone of Coercion." If excuse is granted, the contract is discharged but the promisee, because of limited remedies, will not be restored to its pre-contract position. Thus, the promisee's contract rights are casualties in what amounts to a constitutional taking by the government. This book traces and critiques the development from 19th-century England to the present of excuse doctrine and its application by courts in "the Zone." The development of more general contract excuse doctrine and different theories about excuse -- such as economic analysis and behavioral decision theory -- are also traced in both private and public contracts. "Speidel's [book] is a prescient and relevant text, which provides a unique legal perspective on contractual defenses and which has particular applicability to the contractual fallout that will inevitably occur after the proposed governmental 'resolution' of the Wall Street debacle....In its entirety, the text provides an informative perspective on these concentrated issues of the intersection of private contract law and public law in times of crisis." -- The Law & Politics Book Review, October 2008
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 Equitable Law of Contracts written by Larry DiMatteo and published by BRILL. This book was released on 2021-10-25 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times. In support of his thesis Professor DiMatteo plumbs the deepest currents of common law and civil law practice in every age, showing how the principles of justice formulated by Aristotle, Augustine, Aquinas, Kant, Hegel, Weber, and other influential thinkers have become manifest in such underlying equitable contract principles as "just price," unconscionability, and reasonableness. A classroom adoption price is available. Published under the Transnational Publishers imprint.
Download or read book Contract Law in America written by Lawrence M. Friedman and published by Quid Pro Books. This book was released on 2011-09-23 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law as applied in the real world and not just in the law books: the classic study of the social and economic realities of contracts in commercial and trade cases, told through case studies and rich historical analysis. A recognized and oft-cited study in law & society, this volume previously hid out as a rare book or was completely unavailable. Now readily accessible and reasonably priced, it also features a new preface by the author and a new, analytical foreword by Stewart Macaulay.
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 Elements of the Law of Contracts written by Edward Avery Harriman and published by . This book was released on 1896 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contents of Contracts and Unfair Terms written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2020-11-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
Download or read book A Treatise on the Law of Extraordinary Industrial and Interstate Contracts written by Darius Harlan Pingrey and published by . This book was released on 1905 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
