Download or read book Vanishing Contract Law written by Catherine Mitchell and published by Cambridge University Press. This book was released on 2022-09 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how, despite its past significance and influence, English contract law now faces functional and moral redundancy.
Download or read book Vanishing Contract Law written by Catherine Mitchell and published by Cambridge University Press. This book was released on 2022-09-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Download or read book Boilerplate eGalley written by Margaret Jane Radin and published by . This book was released on with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fault in American Contract Law written by Omri Ben-Shahar and published by . This book was released on 2010 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.
Download or read book The Theory of Contract Law written by Peter Benson and published by Cambridge University Press. This book was released on 2001-02-05 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays addressing a variety of issues in the theory and practice of contract law.
Download or read book Green Shipping Contracts written by Pia Rebelo and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterise commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation. These mechanisms include contractual clauses and drafting considerations which can secure a desired outcome for contractual performance, thereby managing climate risks and providing adequate remedy where such risks materialise. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for a deeper integration of green principles into private relationships.
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 151 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Buyers Remedies in International Sales Law written by Reza Beheshti and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.
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 Vanishing Act written by Thomas Perry and published by Fawcett. This book was released on 1996-03-02 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A challenging and satisfying thriller . . . [with] many surprising twists.”—The New York Times Jane Whitefield is a Native American guide who leads people out of the wilderness—not the tree-filled variety but the kind created by enemies who want you dead. She is in the one-woman business of helping the desperate disappear. Thanks to her membership in the Wolf Clan of the Seneca tribe, she can fool any pursuer, cover any trail, and then provide her clients with new identities, complete with authentic paperwork. Jane knows all the tricks, ancient and modern; in fact, she has invented several of them herself. So she is only mildly surprised to find an intruder waiting for her when she returns home one day. An ex-cop suspected of embezzling, John Felker wants Jane to do for him what she did for his buddy Harry Kemple: make him vanish. But as Jane opens a door out of the world for Felker, she walks into a trap that will take all her heritage and cunning to escape. . . . Praise for Vanishing Act “Thomas Perry keeps pulling fresh ideas and original characters out of thin air. The strong-willed heroine he introduces in Vanishing Act rates as one of his most singular creations.”—The New York Times Book Review “One thriller that must be read. . . . Perry has created his most complex and compelling protagonist.”—San Francisco Examiner
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 Termination of Contracts written by John Birds and published by John Wiley & Sons Incorporated. This book was released on 1995 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Agreement written by Tony Burroughs and published by Weiser Books. This book was released on 2012-04-01 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: No matter who you are or what you believe, you have the power to manifest what you want in life—a dream job, wealth, love, and health. In this concise and fascinating book, Tony Burroughs shows readers how to work with the Law of Agreement to change old beliefs about money, relationships, and health issues that are holding them back. He shares stories from his years of working with people from all over the world who are practicing living intentionally bringing into their lives that which serves the higher good and discarding the rest. The Law of Agreement says that as we lend our agreement to any belief, we reinforce it and make it stronger. Alternatively, as we refrain from lending our agreement to an idea that isn’t likely to give us the results we’re looking for, we dilute it and weaken its power over us and over everyone else simultaneously. Burroughs offers examples and stories that show how the Law of Agreement and its partner, the Law of Adversity, work simultaneously. What happens when we don’t get what we want? What is the opportunity in adversity? The Law of Agreement shows how adversity can lift us up and out of our routines and help us to reach deep inside ourselves for answers to life’s hardest questions. Full of real-life stories, examples, and solutions, The Law of Agreement is a practical and world changing book.
Download or read book The Principles of the Law Relating to the Discharge of Contracts written by Ralston Robert and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to the legal concepts and theories surrounding contract law, this book is an essential resource for lawyers, scholars, and anyone seeking a deeper understanding of this complex area of the law. With clear explanations and detailed analysis, Ralston makes even the most arcane legal principles accessible to a wide audience. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Contract Law written by Catherine Elliott and published by . This book was released on 1996 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
