Download or read book Contract as Assumption written by Brian Coote and published by . This book was released on 2010 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entere.
Download or read book Contract as Assumption II written by Brian Coote and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract as Assumption written by Brian Coote and published by Bloomsbury Publishing. This book was released on 2010-04-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
Download or read book Contract as Assumption II written by Brian Coote and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, “Contract – an Underview”. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.
Download or read book When Contract s Basic Assumptions Fail written by Hanoch Dagan and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article explores the normative foundations of the rules governing mutual mistake, impossibility, impracticability, and frustration and studies their doctrinal implications. These familiar doctrines, which make contracts voidable or excusable whenever they are grounded on a shared basic assumption that failed, puzzle commentators and courts. We claim that the key to properly understanding their role and interpret their doctrinal elements lies in appreciating the core principles of a genuinely liberal - that is: autonomy-enhancing - contract law. The rules that delineate the scope of these doctrines are guided by liberal contract's commitment to ensure that promisors' future selves are not unacceptably encumbered. The rules that regulate these doctrines, in turn, follow liberal contract's principles of proactive facilitation and relational justice. Together, these rules exemplify both the power of the liberal foundation of modern contract law and the subtlety of its doctrinal workings.
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.
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
Download or read book Rethinking Contract Law and Contract Design written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Download or read book COMMERCIAL LAW written by Narayan Changder and published by CHANGDER OUTLINE. This book was released on 2024-01-10 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dive into the realm of commercial legal practices with our MCQ guide - "Commercial Law Unveiled: MCQ Expedition for Legal Mastery." Tailored for legal professionals, students, and business enthusiasts, this comprehensive resource offers a curated collection of multiple-choice questions that delve into the intricacies of commercial law. From understanding contract principles to navigating commercial disputes, refine your legal skills and deepen your understanding of the critical elements shaping effective commercial legal practices. Perfect your knowledge of commercial law and prepare confidently for strategic legal analyses in the business world. Elevate your legal acumen and immerse yourself in the key principles of commercial law with "Commercial Law Unveiled: MCQ Expedition for Legal Mastery." Uncover the secrets to achieving excellence in commercial legal practices with precision and depth.
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 Psychological Contracts in Organizations written by Denise Rousseau and published by SAGE. This book was released on 1995-05-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.
Download or read book The Four Agreements written by Don Miguel Ruiz and published by Amber-Allen Publishing. This book was released on 2010-01-18 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bestselling author don Miguel Ruiz reveals the source of self-limiting beliefs that rob us of joy and create needless suffering. Based on ancient Toltec wisdom, The Four Agreements offer a powerful code of conduct that can rapidly transform our lives to a new experience of freedom, true happiness, and love. • A New York Times bestseller for over 7 years • Over 5.2 million copies sold in the U.S. • Translated into 38 languages worldwide Don Miguel Ruiz’s book is a roadmap to enlightenment and freedom.” — Deepak Chopra, Author, The Seven Spiritual Laws of Success “An inspiring book with many great lessons . . .” — Wayne Dyer, Author, Real Magic “In the tradition of Castaneda, Ruiz distills essential Toltec wisdom, expressing with clarity and impeccability what it means for men and women to live as peaceful warriors in the modern world.” — Dan Millman, Author, Way of the Peaceful Warrior
Download or read book Contract Law written by Brian Bix and published by . This book was released on 2000 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Download or read book Mortgage Transfer written by The Law Store and published by . This book was released on 2021-11-14 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this fill-in-the-blanks legal template, non-lawyers can create their own documents with ease. Prepared and edited by experienced attorneys, it comes with complete and easy to use instructions, and is legally binding in all 50 States and Washington, D.C. Order your legal template today! Table of contents: Book Cover Copyright Disclaimer Terms of use Instructions Legal Template Inclusive of detailed instructions: Learn the difference between a contract and agreement. Not 1 in 1,000 people know this! Choose the wrong one, and you could wind-up with a costly lawsuit and face financial ruin. The MOST crucial element for avoiding expensive litigation and behind closed-door, high-fee consultations with your attorney. Precisely "when and how" you should write your own document (This may surprise you, but you should NEVER fill-in another legal document until you've read this first!) How to keep your document simple! Forget everything you've ever been told... this is the ONLY tip you'll ever need! How to know if your legal document is 100% legally binding and enforceable! Shockingly, most agreements never hold up in a court of law. But once you're armed with this crucial piece of information, you'll never have to worry about being "financially raped" by the legal system! Why and how to include the right usage of names and addresses in your document. (Get this one wrong and you can forget about ever winning your case in a court of law. Your legal document won't be worth the paper it's written on.) How to lawfully recover "employee training expenses" when he or she leaves your employ. How to sign a legal document so you cannot be held liable in a court of law. Key elements to look for in a contract before you sign it! (Don't ever sign another legal contract until you've got this down cold!) Why you should NEVER use a friend, family member or relative as an independent witness. How specific legal clauses can protect you when doing business in another state or province. Why using an "interpretation clause" is a powerfully-effective strategy to legally protect yourself. Discover what legal clauses lawyers intentionally leave out of contracts so that they can expect to litigate later. What makes one legal contract different (and, infinitely better) than other written contracts. How to use the guides alternative/optional attorney clauses for ironclad legal protection. Plus... many other legal tips and invaluable information. Scroll Up and Order Your Law Firm Template Today!
