Download or read book Contract Law written by Marco J. Jimenez and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Law: A Case & Problem-Based Approach is a unique casebook that provides an organizational structure introducing students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law but also meant to help them appreciate the connections and relationships between and among these various subject areas. Part I, the “30,000-foot view,” familiarizes students with contract law, discusses the sorts of problems with which contract law is concerned, and introduces them to some of the basic rules and theories governing contract law. Part II, the “10,000-foot view,” exposes students to each major substantive area of contract law in more depth by discussing one classic case in each area, along with additional historical, theoretical, and contextual materials to supplement the black-letter doctrine. After finishing Parts I and II, the student will have a basic understanding of each major area of contract law, along with a good understanding of how these parts fit together. Part III is therefore designed to explore each of the major subject areas in greater depth, and is organized along the lines of a traditional contracts casebook, including a healthy mix of classic and modern cases, short problems, and exercises. New to the Second Edition: Additional materials and cases added to explore the contract doctrines of impossibility and impracticability in light of past and current epidemics (in the case of polio) and pandemics (in the case of COVID-19). Additional case added to explore the relationship between Contract Law, Civil Rights, and Constitutional Law. Reorganization of some materials in Chapter 8 (defenses). More focused notes and appendices Professors and student will benefit from: Organization exposes students to main concepts, and gives professors a number of choices about how to teach their course. Helpful doctrinal introductions to each new major substantive section. Historical, theoretical, and comparative materials are presented to help students understand and think critically about the black-letter rules. “Thinking tools” feature that helps the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes enrich the students’ black-letter experience. Enjoyable, contextual materials that are included after a number of classic cases help to bring to light fascinating background information.
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 Concepts and Case Analysis in the Law of Contracts written by Marvin A. Chirelstein and published by West Publishing Company. This book was released on 2001 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Background Elements: Contract Curve and Expectation Damages; Consideration and the Bargained-for Exchange; Contract Formation; Unfairness and Unconscionability; Contract Interpretation; Performance and Breach; Mistake and Impossibility; Remedies; Third-Party Beneficiaries.
Download or read book The Oxford Handbook of Law Regulation and Technology written by Roger Brownsword and published by Oxford University Press. This book was released on 2017-07-24 with total page 1342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
Download or read book Justice in Transactions written by Peter Benson and published by Belknap Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
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 Introduction to the Law of Contracts written by Terry H. Bitting and published by Delmar Thomson Learning. This book was released on 1999-08 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this well-respected text presents a "road-map" approach for thinking about contract problems. Steps include choice of law, contract formation, unenforceable contracts, breach of contract, and plaintiffs' remedies. The rules of the law are presented first as theory, followed by an example and either a paralegal exercise or a case, so that students can relate the abstract to a concrete set of facts. The text also teaches students how to analyze a contract problem using common law and a code approach (articles 1 and 2 of the UCC).
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 Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Download or read book Multiple Contracts and Coordination in International Construction Projects written by Jürg Künzle and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
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 Principles of Contract Law written by Richard Stone and published by Routledge. This book was released on 1997 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of Law aims to provide the law student with texts on the major areas within the law syllabus. Each text is designed to identify and expound upon the content of the syllabus in a logical order, citing the main and up-to-date authorities. This work covers contract law.
Download or read book Contracts written by DANIEL P. O'GORMAN and published by . This book was released on 2021-04-29 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Studies in Contract Law written by Edward J. Murphy and published by . This book was released on 1984 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 New York Contract Law written by Glen Banks and published by . This book was released on 2014 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:
