An Introduction To Freedom Of Contract

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The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Liberty of Contract

Author : David N. Mayer
Publisher :
ISBN 13 : 9781935308386
Total Pages : 0 pages
Book Rating : 4.3/5 (83 download)

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Book Synopsis Liberty of Contract by : David N. Mayer

Download or read book Liberty of Contract written by David N. Mayer and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.

An Introduction to the Law of Contract

Author : P. S. Atiyah
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 528 pages
Book Rating : 4.:/5 (42 download)

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Book Synopsis An Introduction to the Law of Contract by : P. S. Atiyah

Download or read book An Introduction to the Law of Contract written by P. S. Atiyah and published by Oxford University Press, USA. This book was released on 1989 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Substantially revised and updated, this edition reexamines, in the light of renewed support for the ideology of freedom of contract, many of the arguments formerly levelled against this concept.

International Commercial Litigation

Author : Trevor C. Hartley
Publisher : Cambridge University Press
ISBN 13 : 0521868076
Total Pages : 963 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis International Commercial Litigation by : Trevor C. Hartley

Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.

The Choice Theory of Contracts

Author : Hanoch Dagan
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.

The Rise and Fall of Freedom of Contract

Author : P. S. Atiyah
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (138 download)

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Book Synopsis The Rise and Fall of Freedom of Contract by : P. S. Atiyah

Download or read book The Rise and Fall of Freedom of Contract written by P. S. Atiyah and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.

Introduction to the Law of Contracts

Author : Terry H. Bitting
Publisher : Delmar Thomson Learning
ISBN 13 : 9780766810242
Total Pages : 194 pages
Book Rating : 4.8/5 (12 download)

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Book Synopsis Introduction to the Law of Contracts by : Terry H. Bitting

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).

Chinese Contract Law

Author : Mo Zhang
Publisher : BRILL
ISBN 13 : 9004150412
Total Pages : 389 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Chinese Contract Law by : Mo Zhang

Download or read book Chinese Contract Law written by Mo Zhang and published by BRILL. This book was released on 2006 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.

Chinese Contract Law

Author : Larry A. DiMatteo
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.

The Limits of Freedom of Contract

Author : Michael J. Trebilcock
Publisher : Harvard University Press
ISBN 13 : 9780674534308
Total Pages : 326 pages
Book Rating : 4.5/5 (343 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?

Contents of Commercial Contracts

Author : Paul S Davies
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930515
Total Pages : 487 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 487 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.

Freedom in Constitutional Contract

Author : James M. Buchanan
Publisher : College Station : Texas A & M University Press
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Freedom in Constitutional Contract by : James M. Buchanan

Download or read book Freedom in Constitutional Contract written by James M. Buchanan and published by College Station : Texas A & M University Press. This book was released on 1977 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though written by an economist, this book's subject is not "economics" in the ordinary sense of that term. Instead, it is James Buchanan's contribution to what he has called the "contractarian revival," the renewed interest in and emphasis on the metaphor of the social contract in evaluating political alternatives. He believes that genuine constitutional dialogue must take place in this country if America is to remain a free society and that the perspectives of an economist are valuable in the discussion of basic issues of social philosophy.

Economics in Antitrust Policy

Author : Mark Steiner
Publisher : Universal-Publishers
ISBN 13 : 1581123701
Total Pages : 200 pages
Book Rating : 4.5/5 (811 download)

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Book Synopsis Economics in Antitrust Policy by : Mark Steiner

Download or read book Economics in Antitrust Policy written by Mark Steiner and published by Universal-Publishers. This book was released on 2007 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of antitrust, the freedoms to contract and compete can and do contradict. Profit-maximizing companies desire perfectly competitive input markets to minimize their costs, but want monopolistic markets for their outputs to maximize their profits. Consequently, they have strong incentives to undermine competition in their output markets. In a world without antitrust laws, many companies would thus eliminate competition by using their freedom to contract, either by entering into legally enforceable agreements which fix prices or divide up markets, or by merging and acquiring rivals to gain market control. Therefore, guaranteeing and safeguarding companies' abilities to compete comes at the cost of restricting their freedoms to contract. The states role in this task is a delicate one though: government intervention itself necessarily limits the economic freedom of individuals and firms, and limiting the freedom of contract has potentially detrimental effects on economic activity as well. Hence, antitrust policy must find the right balance between the two freedoms of competition and contract, allowing competition to flourish while upholding the contractual freedoms necessary for a functioning market. The policies in the U.S. and Europe used to protect competition with per se rules, setting clear boundaries for the freedom to contract where it interfered with the freedom to compete. Over the past decades, improvements in economic analysis provided measurable dimensions for 'competition' through measures like efficiency and welfare. With these new and complex economic tools, the aim of an antitrust policy moved away from an 'indirect' mechanism which provided and enforced a strict framework of negative per se rules within which the competitive process was allowed to happen. The current policies directly aim at promoting welfare by attempting to 'balance' the welfare effects of individual business practices, permitting contracts or mergers with benign effects and prohibiting contracts with detrimental effects on welfare in potentially every case. These economic insights have promoted a better understanding of the competitive process and contributed to improved antitrust rules. However, in the actual enforcement of antitrust laws, recent developments caused by the influence of economic analysis have had a detrimental impact on antitrust policy in both the U.S. and the EU. First, it increased the discretion of competition authorities, lowering legal certainty for companies and increasing the potential for wrong decisions. Second, it gave companies incentives to waste resources on rent seeking activities by using economic analyses to demonstrate efficiencies in complicated and timely investigations and litigation. And third, the predominant use of economic analysis has massively increased the costs of enforcement. This thesis is the first one to depict these negative effects caused by recent developments and shows that a policy with clear limitations through proposed per se rules would be superior for it would eliminate the illustrated negative effects.

Law and Social Norms

Author : Eric Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042308
Total Pages : 276 pages
Book Rating : 4.0/5 (423 download)

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Book Synopsis Law and Social Norms by : Eric Posner

Download or read book Law and Social Norms written by Eric Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Theologians and Contract Law

Author : Wim Decock
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004232842
Total Pages : 744 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Theologians and Contract Law by : Wim Decock

Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

An Introduction to International Contract Law

Author : Renzo Cavalieri
Publisher :
ISBN 13 : 9788892119796
Total Pages : 240 pages
Book Rating : 4.1/5 (197 download)

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Book Synopsis An Introduction to International Contract Law by : Renzo Cavalieri

Download or read book An Introduction to International Contract Law written by Renzo Cavalieri and published by . This book was released on 2019 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Discourse on the Sciences and Arts

Author : Jean-Jacques Rousseau
Publisher : Dartmouth College Press
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Discourse on the Sciences and Arts by : Jean-Jacques Rousseau

Download or read book Discourse on the Sciences and Arts written by Jean-Jacques Rousseau and published by Dartmouth College Press. This book was released on 1992 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rousseau attacks the social and political effects of the dominant forms of scientific knowledge. Contains the entire First Discourse, contemporary attacks on it, Rousseau's replies to his critics, and his summary of the debate in his preface to Narcissus. A number of these texts have never before been available in English. The First Discourse and Polemics demonstrate the continued relevance of Rousseau's thought. Whereas his critics argue for correction of the excesses and corruptions of knowledge and the sciences as sufficient, Rousseau attacks the social and political effects of the dominant forms of scientific knowledge.