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Exploitative Contracts
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Book Synopsis Exploitative Contracts by : Rick Bigwood
Download or read book Exploitative Contracts written by Rick Bigwood and published by OUP Oxford. This book was released on 2003 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Exploitative Contracts' examines the 'essentially contestable' criteria of interpersonal exploitation claims. It puts forward a conception of exploitation: 'legal contractual exploitation', a form of wrongdoing that arises in connection with the formation of contracts.
Book Synopsis Contracting and Contract Law in the Age of Artificial Intelligence by : Martin Ebers
Download or read book Contracting and Contract Law in the Age of Artificial Intelligence written by Martin Ebers and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.
Download or read book Exploitation written by Benjamin Ferguson and published by Oxford University Press. This book was released on 2024 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploitation: Perspectives from Philosophy, Politics, and Economics brings together recent scholarly work on the topic of exploitation from philosophy, political science, and economics in one volume, organised around three main questions: What is exploitation? Why is exploitation wrong? What should we do about it? The book includes contributions from both seasoned scholars and new voices, covering issues as diverse as climate change, paid plasma donation, and international justice.
Download or read book Contract Law written by Neil Andrews and published by Cambridge University Press. This book was released on 2011-05-26 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.
Download or read book Exploitation written by Alan Wertheimer and published by Princeton University Press. This book was released on 2020-06-30 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the basis for arguing that a volunteer army exploits citizens who lack civilian career opportunities? How do we determine that a doctor who has sex with his patients is exploiting them? In this book, Alan Wertheimer seeks to identify when a transaction or relationship can be properly regarded as exploitative--and not oppressive, manipulative, or morally deficient in some other way--and explores the moral weight of taking unfair advantage. Among the first political philosophers to examine this important topic from a non-Marxist perspective, Wertheimer writes about ordinary experience in an accessible yet philosophically penetrating way. He considers whether it is seriously wrong for a party to exploit another if the transaction is consensual and mutually advantageous, whether society can justifiably prohibit people from entering into such a transaction, and whether it is wrong to allow oneself to be exploited. Wertheimer first considers several contexts commonly characterized as exploitive, including surrogate motherhood, unconscionable contracts, the exploitation of student athletes, and sexual exploitation in psychotherapy. In a section outlining his theory of exploitation, he sets forth the criteria for a fair transaction and the point at which we can properly say that a party has consented. Whereas many discussions of exploitation have dealt primarily with cases in which one party harms or coerces another, Wertheimer's book focuses on what makes a mutually advantageous and consensual transaction exploitive and analyzes the moral and legal implications of such exploitation.
Book Synopsis Vitiation of Contracts by : Gareth Spark
Download or read book Vitiation of Contracts written by Gareth Spark and published by Cambridge University Press. This book was released on 2013-01-03 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.
Download or read book Contract Law written by Adam Kramer QC and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.
Book Synopsis New Features in Contract Law by : Reiner Schulze
Download or read book New Features in Contract Law written by Reiner Schulze and published by sellier. european law publ.. This book was released on 2007 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Freedom of contract and protection of weaker parties. -- 2. Preparation and formation of the contract. -- 3. Performance and remedies. -- 4. Legal pluralism and international challenges. -- 5. National experience and supranational law.
Book Synopsis Justifying Contract in Europe by : Martijn Willem Hesselink
Download or read book Justifying Contract in Europe written by Martijn Willem Hesselink and published by Oxford University Press. This book was released on 2021 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
Book Synopsis Minimum Contract Justice by : Lyn K L Tjon Soei Len
Download or read book Minimum Contract Justice written by Lyn K L Tjon Soei Len and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as 'normal' market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law. Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? This Book defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.
Book Synopsis Controversies in Latin American Bioethics by : Eduardo Rivera-López
Download or read book Controversies in Latin American Bioethics written by Eduardo Rivera-López and published by Springer. This book was released on 2019-06-19 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a first rate selection of academic articles on Latin American bioethics. It covers different issues, such as vulnerability, abortion, biomedical research with human subjects, environment, exploitation, commodification, reproductive medicine, among others. Latin American bioethics has been, to an important extent, parochial and unable to meet stringent international standards of rational philosophical discussion. The new generations of bioethicists are changing this situation, and this book demonstrates that change. All articles are written from the perspective of Latin American scholars from several disciplines such as philosophy and law. Working with the tools of analytical philosophy and jurisprudence, this book defends views with rational argument, and opening for pluralistic discussion.
Book Synopsis The Economic Analysis of Civil Law by : Schäfer, Hans-Bernd
Download or read book The Economic Analysis of Civil Law written by Schäfer, Hans-Bernd and published by Edward Elgar Publishing. This book was released on 2022-01-25 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.
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.
Book Synopsis Feminist Perspectives on Contract Law by : Linda Mulcahy
Download or read book Feminist Perspectives on Contract Law written by Linda Mulcahy and published by Routledge. This book was released on 2017-01-27 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.
Book Synopsis Great Debates in Contract Law by : Jonathan Morgan
Download or read book Great Debates in Contract Law written by Jonathan Morgan and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an engaging introduction to the more advanced writings on contract law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. This edition has been extensively rewritten to include new cases and scholarship throughout. New sections include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract. An excellent book for students of contract law who wish to know more, the aim of the book is not to present a complete overview of theoretical issues in contract law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Edition: - Extensively rewritten to include new cases and scholarship throughout. - New sections and debates include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract.
Book Synopsis The Palgrave Handbook of Africa and the Changing Global Order by : Samuel Ojo Oloruntoba
Download or read book The Palgrave Handbook of Africa and the Changing Global Order written by Samuel Ojo Oloruntoba and published by Springer Nature. This book was released on 2021-11-22 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook fills a large gap in the current knowledge about the critical role of Africa in the changing global order. By connecting the past, present, and future in a continuum that shows the paradox of existence for over one billion people, the book underlines the centrality of the African continent to global knowledge production, the global economy, global security, and global creativity. Bringing together perspectives from top Africa scholars, it actively dispels myths of the continent as just a passive recipient of external influences, presenting instead an image of an active global agent that astutely projects soft power. Unlike previous handbooks, this book offers an eclectic mix of historical, contemporary, and interdisciplinary approaches that allow for a more holistic view of the many aspects of Africa’s relations with the world.
Book Synopsis Contractual Relations by : David Campbell
Download or read book Contractual Relations written by David Campbell and published by Oxford University Press. This book was released on 2022-09-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the author. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and an important statement of the relational theory of contract. This is a thoughtful and essential work for academics and research students in law, economics, and sociology.
