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Contract As Assumption Ii
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Book Synopsis Contract as Assumption II by : Brian Coote
Download or read book Contract as Assumption II written by Brian Coote and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, “Contract – an Underview”. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.
Book Synopsis Contract as Assumption by : Brian Coote
Download or read book Contract as Assumption written by Brian Coote and published by Bloomsbury Publishing. This book was released on 2010-04-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
Book Synopsis Bankruptcy Code and Rules by : United States
Download or read book Bankruptcy Code and Rules written by United States and published by . This book was released on 1995 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Record by : American Institute of Actuaries
Download or read book The Record written by American Institute of Actuaries and published by . This book was released on 1924 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Commercial Contract Law by : Larry A. DiMatteo
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.
Book Synopsis The American and English Encyclopaedia of Law by : David Shephard Garland
Download or read book The American and English Encyclopaedia of Law written by David Shephard Garland and published by . This book was released on 1901 with total page 1502 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis California. Court of Appeal (2nd Appellate District). Records and Briefs by : California (State).
Download or read book California. Court of Appeal (2nd Appellate District). Records and Briefs written by California (State). and published by . This book was released on with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Received document entitled: PETITION FOR EXTRAORDINARY RELIEF
Download or read book Code of Federal Regulations written by and published by . This book was released on 1993 with total page 1002 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporations: Educational and eleemosynary corporations (continued) by : John Patterson Davis
Download or read book Corporations: Educational and eleemosynary corporations (continued) written by John Patterson Davis and published by . This book was released on 1905 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporations by : John Patterson Davis
Download or read book Corporations written by John Patterson Davis and published by . This book was released on 1905 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Washtenaw County v. State Tax Commission; Lapeer County v. State Tax Commission; Oakland County v. State Tax Commission; Ingham County v. State Tax Commission; Livingston County v. State Tax Commission, 422 MICH 346 (1985) by :
Download or read book Washtenaw County v. State Tax Commission; Lapeer County v. State Tax Commission; Oakland County v. State Tax Commission; Ingham County v. State Tax Commission; Livingston County v. State Tax Commission, 422 MICH 346 (1985) written by and published by . This book was released on 1985 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 72863
Book Synopsis Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa by : Iowa. Supreme Court
Download or read book Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa written by Iowa. Supreme Court and published by . This book was released on 1923 with total page 1496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis California. Court of Appeal (4th Appellate District). Division 2. Records and Briefs by : California (State).
Download or read book California. Court of Appeal (4th Appellate District). Division 2. Records and Briefs written by California (State). and published by . This book was released on with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Number of Exhibits: 21
Book Synopsis Contract Law by : Mindy Chen-Wishart
Download or read book Contract Law written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2018 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.
Book Synopsis Advances in Behavioral Finance, Volume II by : Richard H. Thaler
Download or read book Advances in Behavioral Finance, Volume II written by Richard H. Thaler and published by Princeton University Press. This book was released on 2005-07-25 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: A definitive and wide-ranging overview of developments in behavioural finance over the past ten years. This second volume presents twenty recent papers by leading specialists that illustrate the abiding power of behavioural finance.
Book Synopsis Hearings, Reports and Prints of the Senate Committee on the Judiciary by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Hearings, Reports and Prints of the Senate Committee on the Judiciary written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1978 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Justice in Transactions by : Peter Benson
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.
