Fault In American Contract Law

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Fault in American Contract Law

Author : Omri Ben-Shahar
Publisher : Cambridge University Press
ISBN 13 : 1139493302
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Fault in American Contract Law by : Omri Ben-Shahar

Download or read book Fault in American Contract Law written by Omri Ben-Shahar and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

Fault in American Contract Law

Author : Omri Ben-Shahar
Publisher :
ISBN 13 : 9781107209459
Total Pages : 338 pages
Book Rating : 4.2/5 (94 download)

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Book Synopsis Fault in American Contract Law by : Omri Ben-Shahar

Download or read book Fault in American Contract Law written by Omri Ben-Shahar and published by . This book was released on 2010 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.

Good Faith and Fault in Contract Law

Author : J. Beatson
Publisher :
ISBN 13 :
Total Pages : 592 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Good Faith and Fault in Contract Law by : J. Beatson

Download or read book Good Faith and Fault in Contract Law written by J. Beatson and published by . This book was released on 1995 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Essays in Legal Theory

Author : Robert Summers
Publisher : Springer Science & Business Media
ISBN 13 : 9401594074
Total Pages : 453 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Essays in Legal Theory by : Robert Summers

Download or read book Essays in Legal Theory written by Robert Summers and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.

Foundations of American Contract Law

Author : James Gordley
Publisher :
ISBN 13 : 9780197686096
Total Pages : 0 pages
Book Rating : 4.6/5 (86 download)

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Book Synopsis Foundations of American Contract Law by : James Gordley

Download or read book Foundations of American Contract Law written by James Gordley and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--

Principles of Contract Law

Author : Steven J. Burton
Publisher : Ingram
ISBN 13 : 9781634605977
Total Pages : 0 pages
Book Rating : 4.6/5 (59 download)

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Book Synopsis Principles of Contract Law by : Steven J. Burton

Download or read book Principles of Contract Law written by Steven J. Burton and published by Ingram. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

Contracts, third edition

Author : Randall Kennedy
Publisher : MIT Press
ISBN 13 : 0262545683
Total Pages : 660 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis Contracts, third edition by : Randall Kennedy

Download or read book Contracts, third edition written by Randall Kennedy and published by MIT Press. This book was released on 2023-04-11 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: A casebook to be used as the primary text for first-year law school contracts courses, written by a leading scholar in contract law. Renting a home, buying a ticket, downloading an app—humans enter into contracts constantly, often with little consciousness of the legal implications. We typically become alert to the consequences only when a problem arises. Contracting can increase our happiness by enabling us to do things that we would be otherwise unable to do, but heartbreak follows when things go wrong. This casebook, which can be used as a primary text for a first-year law school contracts course, covers a wide spectrum of quandaries that emerge in contract law, from problems of overreach and interpretation to enforcement and fraud. Taken together, these cases offer an exploration of contract pathology and introduce students to concepts that are essential to understanding the vast subject of Anglo-American contract law. This book is part of the Open Casebook series from Harvard Law School Library and the MIT Press. Primary text for a first-year law school contracts course Developed for use at Harvard Law School by a leading scholar in contract law Diverse cases show differing approaches to a range of problems within contracting Classroom tested

Foundational Principles of Contract Law

Author : Melvin A. Eisenberg
Publisher : Oxford University Press
ISBN 13 : 0199875677
Total Pages : 504 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Foundational Principles of Contract Law by : Melvin A. Eisenberg

Download or read book Foundational Principles of Contract Law written by Melvin A. Eisenberg and published by Oxford University Press. This book was released on 2018-09-20 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.

Contract Law

Author : Brian Bix
Publisher : Cambridge University Press
ISBN 13 : 0521850460
Total Pages : 217 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Contract Law by : Brian Bix

Download or read book Contract Law written by Brian Bix and published by Cambridge University Press. This book was released on 2012-10-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.

美国合同法

Author : Danling Yu
Publisher :
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis 美国合同法 by : Danling Yu

Download or read book 美国合同法 written by Danling Yu and published by . This book was released on 2006 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本书以美国合同法合同的订立、履行及违约等几大方面为架构、诠释了美国合同法的重要法律原理、原则及理论。

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

Contract Law Minimalism

Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 312 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 312 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.

The principles of the American law of contracts at law and in equity

Author : J.D. Lawson
Publisher : Рипол Классик
ISBN 13 : 5876769819
Total Pages : 755 pages
Book Rating : 4.8/5 (767 download)

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Book Synopsis The principles of the American law of contracts at law and in equity by : J.D. Lawson

Download or read book The principles of the American law of contracts at law and in equity written by J.D. Lawson and published by Рипол Классик. This book was released on 1892 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Great Debates in Contract Law

Author : Jonathan Morgan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509958568
Total Pages : 417 pages
Book Rating : 4.5/5 (99 download)

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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 417 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.

The Future of Contract Law in Latin America

Author : Rodrigo Momberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914269
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of Contract Law in Latin America by : Rodrigo Momberg

Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Contract Law in the United States

Author : Gregory Klass
Publisher :
ISBN 13 : 9789041139122
Total Pages : 0 pages
Book Rating : 4.1/5 (391 download)

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Book Synopsis Contract Law in the United States by : Gregory Klass

Download or read book Contract Law in the United States written by Gregory Klass and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the USA covers every aspect of the subject - definition and classification of contracts, contractual liability, rela

Business Law I Essentials

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.