An Exploration of the Limits of Freedom of Contract

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (222 download)

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Book Synopsis An Exploration of the Limits of Freedom of Contract by : Michael J. Trebilcock

Download or read book An Exploration of the Limits of Freedom of Contract written by Michael J. Trebilcock and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Limits of Freedom of Contract

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Publisher : Harvard University Press
ISBN 13 : 0674979907
Total Pages : 326 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock

Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?

The Limits of Freedom of Contract

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (657 download)

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Book Synopsis The Limits of Freedom of Contract by : M. J. Trebilcock

Download or read book The Limits of Freedom of Contract written by M. J. Trebilcock and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contents of Commercial Contracts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509930515
Total Pages : 488 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contents of Commercial Contracts by : Paul S Davies

Download or read book Contents of Commercial Contracts written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.

The Limits of Liberty

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Publisher : University of Chicago Press
ISBN 13 : 9780226078205
Total Pages : 228 pages
Book Rating : 4.0/5 (782 download)

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Book Synopsis The Limits of Liberty by : James M. Buchanan

Download or read book The Limits of Liberty written by James M. Buchanan and published by University of Chicago Press. This book was released on 1975 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.

The Choice Theory of Contracts

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Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan

Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Chinese Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Chinese Contract Law by : Larry A. DiMatteo

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.

Contract Law Minimalism

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Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Contract Law Minimalism by : Jonathan Morgan

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.

Fundamental Rights in European Contract Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126716
Total Pages : 399 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Fundamental Rights in European Contract Law by : Chantal Mak

Download or read book Fundamental Rights in European Contract Law written by Chantal Mak and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.

Party Autonomy in Private International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Swords Into Dow Shares

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Publisher : Routledge
ISBN 13 : 0429976658
Total Pages : 206 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Swords Into Dow Shares by : Rachel Weber

Download or read book Swords Into Dow Shares written by Rachel Weber and published by Routledge. This book was released on 2018-03-05 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary legal doctrine holds that corporate managers have obligations, first and foremost, to maximize profits for their shareholders. This doctrine is based on the assumption that shareholders alone bear the financial risks and contribute the equity necessary for production. But what if other groups contribute assets and also risk losing their investments? What if other groups actually shelter shareholders from financial risks? Such is the case with the nation's prime defense contractors. By examining the case of defense contracting, where the federal government and, indirectly, the taxpayers assume most of the risks and costs of producing weaponry, Rachel Weber critiques the assumptions underlying our system of corporate governance.The Department of Defense provides contracts for billions of dollars, specialized components and facilities, interest subsidies, tax breaks, and regulatory relief. These public contributions make the record shareholder returns and executive compensation packages of the early 1990s all the more problematic. This book follows the case of General Dynamics, the nation's largest military shipbuilder and considered a trendsetter in the industry for its explicit shareholder orientation. The behavior of contractors like General Dynamics in the post-Cold War period raises serious concerns about the private stewardship of public funds. How can the government make contractors accountable to other public interests? In Swords into Dow Shares Rachel Weber offers some original suggestions for redirecting defense resources to foster innovation, decrease the tax burden of military spending, and help to retain and create high-wage jobs in a civilian-industrial economy.

The Oxford Handbook of the Law of Work

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Publisher : Oxford University Press
ISBN 13 : 0192697579
Total Pages : 961 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Oxford Handbook of the Law of Work by :

Download or read book The Oxford Handbook of the Law of Work written by and published by Oxford University Press. This book was released on 2024-08-15 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

Human Liberty and Freedom of Speech

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Publisher : Oxford University Press, USA
ISBN 13 : 0195079027
Total Pages : 396 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Human Liberty and Freedom of Speech by : C. Edwin Baker

Download or read book Human Liberty and Freedom of Speech written by C. Edwin Baker and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baker here evaluates the prevalent justifications for freedom of speech and formulates a liberty theory, which he applies to contemporary free speech cases as a means of suggesting possible reforms to free speech doctrine.

The Jewish Family

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Publisher : Cambridge University Press
ISBN 13 : 1107163404
Total Pages : 225 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Jewish Family by : Yehezkel Margalit

Download or read book The Jewish Family written by Yehezkel Margalit and published by Cambridge University Press. This book was released on 2017 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jewish Family examines Jewish family law in the light of new attitudes concerning the role of women.

Militant Democracy

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Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Philosophical Foundations of Contract Law

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Publisher : OUP Oxford
ISBN 13 : 019102208X
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of Contract Law by : Gregory Klass

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.

Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1107687489
Total Pages : 601 pages
Book Rating : 4.1/5 (76 download)

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Book Synopsis Contract Law by : Andrew Stewart

Download or read book Contract Law written by Andrew Stewart and published by Cambridge University Press. This book was released on 2019-06-21 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a fresh, topical and accessible account of the Australian law of contract.