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Contract as Promise

Contract as Promise

Autor: Charles Fried

Número de Páginas: 200

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in...

Treatise on Obligations and Contracts

Treatise on Obligations and Contracts

Autor: Henry Thomas Colebrooke

Número de Páginas: 280
A Historical Introduction to the Law of Obligations

A Historical Introduction to the Law of Obligations

Autor: David J. Ibbetson

Número de Páginas: 356

David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers exploiting procedural advantages in their clients' interest are described & analyzed.

The Law of Contract

The Law of Contract

Autor: Hugh Collins

Número de Páginas: 500

This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.

Understanding the Law of Obligations

Understanding the Law of Obligations

Autor: Andrew S. Burrows

Número de Páginas: 249

Through studies of the law of contract, tort and restitution, this text describes the law of obligations and how it is likely to develop in the future, providing a view of the main reforms needed.

Contract Law and Social Morality

Contract Law and Social Morality

Autor: Peter M. Gerhart

Número de Páginas: 233

A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.

Good Faith and Fault in Contract Law

Good Faith and Fault in Contract Law

Autor: J. Beatson , Daniel Friedmann

Número de Páginas: 592

This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.

Obligations

Obligations

Autor: D. G. Cracknell

Número de Páginas: 209

These texts contain the leading cases within a subject area, summarising the facts and decisions and including relevant judgment extracts. In addition, brief commentaries are included to assist students in understanding cases and their significance.

A Treatise on the Law of Obligations, Or Contracts

A Treatise on the Law of Obligations, Or Contracts

Autor: Robert Joseph Pothier

Número de Páginas: 564
Promises on Prior Obligations at Common Law

Promises on Prior Obligations at Common Law

Autor: Kevin M. Teeven

Número de Páginas: 238

An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain...

Exploring Contract Law

Exploring Contract Law

Autor: Jason W. Neyers , Richard Bronaugh , Stephen G.a. Pitel

Número de Páginas: 450

In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

The European Contracts Convention

The European Contracts Convention

Autor: Richard Plender , Michael Wilderspin

Número de Páginas: 472

This practitioner work aims to be the leading text on the scope and application of the Rome Convention in the UK and Europe. Updated to take account of nine years' development in the law since the previous edition - including the Treaty of Amsterdam and case law in all 13 Contracting States and relevant non-Contracting States - it brings clarity to a complex aspect of the EU harmonization of laws.

Commercial Contracts

Commercial Contracts

Autor: Chris Thorpe , John Bailey

Número de Páginas: 280

This book aims to explain the principles of contract law for the businessman, and to put those principles into their commercial context. Anyone involved in commercial transactions needs at least a basic understanding of the principles of contract law - the legal framework for all commercial activity. A lack of such a basic understanding at best results in a business which is less competitive and ultimately less profitable than it should be, and at worst can have expensive and sometimes disastrous commercial consequences.

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Delay in the Performance of Contractual Obligations

Autor: John E. Stannard

Número de Páginas: 409
Obligations

Obligations

Autor: Vickneswaren Krishnan

Número de Páginas: 254

Updated and redesigned for 2002, each chapter covers a different topic and comprises an introduction, key points, key cases and statutes, and suggested answers to past examination questions.

Frustration and Force Majeure

Frustration and Force Majeure

Autor: G. H. Treitel

Número de Páginas: 599

This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.

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Good Faith in the Performance of Contracts

Autor: Elisabeth Peden

Número de Páginas: 214

Deals with the emerging area of contract law and the role of good faith. It provides a clear overview of the different approaches available to the courts in the development of the doctrine of good faith in relation to the performance of contractual obligations.

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The Law on Obligations and Contracts

Autor: Hector S. De Leon , Hector M. De Leon

Número de Páginas: 465
From Promise to Contract

From Promise to Contract

Autor: Dori Kimel

Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn,...

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Obligations and Contracts

Autor: David Robert C. Aquino

Número de Páginas: 546
Introduction to Contracts

Introduction to Contracts

Autor: Thomas W. Dunfee , Frank F. Gibson

Número de Páginas: 408

Abstract: A reference text provides comprehensive coverage of US contract law for college business majors, law students, and managers. Case opinion excerpts are integrated into the discussion of legal principles and brief introductions to the cases are provided to aid readers in understanding their procedural context. Case questions following the excerpts reinforce the main points of the case. Topics include: the offer and acceptance aspects of the bargaining process; the mutality of obligation joined by both parties in a contract; the concept and legality of genuine assent; the legal capacity required to contract; aspects of illegality; the legal form of contracts; the right of third parties; judgements concerning at what point contractual obligations are fully discharged; legal remedies to enforce contractural promises; the current status of the impact of contract law on commercial practice; and the complexity of contract law issues which sometimes arise in contractual disputes. (wz).

A Treatise on the Law of Obligations, Or Contracts; Volume 1

A Treatise on the Law of Obligations, Or Contracts; Volume 1

Autor: Pothier , William David Evans

Número de Páginas: 702

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. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

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The Law on Obligations and Contracts' 2008 Ed.

Autor: Hector S. De Leon

Número de Páginas: 459
Précis in Conventional Obligations

Précis in Conventional Obligations

Autor: Alain A. Levasseur

Número de Páginas: 148

This book for the practitioner in Louisiana discusses the civil law of obligations as it applies to the Louisiana law of contracts. The work provides an understanding of the law of contracts in a civil law environment.

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The Law on Obligations and Contracts

Autor: Hector S. De Leon

Número de Páginas: 184
Promises and Contract Law

Promises and Contract Law

Autor: Martin Hogg

Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.

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Obligations and Contracts

Autor: Renato R. Pasimio

Número de Páginas: 273
Defences in Contract

Defences in Contract

Autor: Andrew Dyson , James Goudkamp , Frederick Wilmot-smith

Svantesson on the Law of Obligations

Svantesson on the Law of Obligations

Autor: Dan Jerker B. Svantesson

Provides an accessible, yet comprehensive, overview of how the rules of common law and equity, together with the provisions of applicable legislation affect contractual and other obligations.

Principles of the Law of Contract (Classic Reprint)

Principles of the Law of Contract (Classic Reprint)

Autor: William Payson Richardson

Número de Páginas: 420

Excerpt from Principles of the Law of Contract The purpose of this book is to give a complete and concise statement of the fundamental principles of the Law of Contract. Practically every principle, as applied by the courts generally in all States, is treated in this volume. It gives the starting point, with citations of the principal cases for further study and research work. The underlying principles of Contract Law are the same in all jurisdictions but the courts in different jurisdictions fre quently vary as to their application in particular instances. NO pretense is made to developing, harmonizing and dis cussing conflicting decisions. A discussion Of the contro verted questions will be found in the cases cited in the text. Their consideration in this work would defeat the very purpose for which it is prepared, - succinctness and a ready reference to leading authorities. Although in the citations a preference is given to New York cases, it is not to be inferred that the law as stated is applicable only to New York. The cited authorities will be found to con tain references to authorities in other jurisdictions. Num erous citations of cases are purposely avoided. The book is ...

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Handbook on obligations and contracts : for commerce students

Autor: Jose N. Nolledo

Número de Páginas: 503
The Limits of the Law of Obligations

The Limits of the Law of Obligations

Autor: D. P. Visser

Número de Páginas: 324

This text investigates the boundaries of the law of contract, enrichment and delict, that is to say it examines how these fields intersect with one another, as well as with the law of property and the traditional domain of public law.

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Obligations and Contracts

Autor: Ernesto L. Pineda

Número de Páginas: 699

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