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Rethinking Contract Law And Contract Design
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Book Synopsis Rethinking Contract Law and Contract Design by : Victor P. Goldberg
Download or read book Rethinking Contract Law and Contract Design written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Book Synopsis Rethinking the Law of Contract Damages by : Victor P. Goldberg
Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Book Synopsis Revisiting the Contracts Scholarship of Stewart Macaulay by : Jean Braucher
Download or read book Revisiting the Contracts Scholarship of Stewart Macaulay written by Jean Braucher and published by Bloomsbury Publishing. This book was released on 2013-01-14 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.
Book Synopsis Research Handbook on Contract Design by : Corrales Compagnucci, Marcelo
Download or read book Research Handbook on Contract Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2022-05-03 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
Book Synopsis Framing Contract Law by : Victor Goldberg
Download or read book Framing Contract Law written by Victor Goldberg and published by Harvard University Press. This book was released on 2006 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Book Synopsis Rethinking Commercial Contracting by : C. B. Andersen
Download or read book Rethinking Commercial Contracting written by C. B. Andersen and published by . This book was released on 2015-07-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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: This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.
Book Synopsis Just Exchange by : Francis H. Buckley
Download or read book Just Exchange written by Francis H. Buckley and published by Routledge. This book was released on 2004-11-30 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, for the first time, there is a comprehensive, eminently readable book designed to focus thinking in the area of contract law. This book bridges the gap between law and economics by confronting normative values that economists too often deem the preserve of moral philosophers. Contract theorists, on the other hand, are seldom in sympathy with economic efficiency norms. While free bargaining continues to be regarded with suspicion by legal scholars who are hostile to private ordering, the proper scope of free bargaining remains in dispute. Combined with a recent renewed interest in this field, these academic tensions mean that the time is right for a reconsideration of contract law. Drawing on scholarship from diverse fields and using illuminating and erudite examples, Just Exchange is entertaining as well as informative. Of interest to economists, lawyers, public policy-makers and those intersted in contract theory, this volume is a valuable overview of a vital intersection between legal studies and economics.
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 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.
Download or read book Contracts written by Daniel Markovits and published by Foundation Press. This book was released on 2018-06-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts: Cases and Theory has two principal ambitions: first, to present the basic doctrine of contracts in a comprehensive and coherent fashion; and second, to encourage a rigorous and interdisciplinary approach to thinking about the values and principles that inspire the law. The book provides a systematic survey of contract law while weaving in perspectives from economics, philosophy, sociology, and legal theory, to show how these disciplines can be used to both illuminate and criticize the law as it stands. The book's treatments of "law and" ideas are designed to be free-standing, making the book an excellent introduction to interdisciplinary legal thought for students without prior training in other fields.
Download or read book Contract Law written by MARTHA. ERTMAN and published by Foundation Press. This book was released on 2019-12-13 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts: An Integrated Approach (Doctrine and Practice Series) conveys traditional contract doctrine in a user-friendly format designed to reach 21st century students. Its integrated online and hard-copy elements provide a sophisticated interactive educational experience that professors can administer even in large classes. Each new topic starts with a short 5-minute video that gives students a "mind map" or "scaffold" for the upcoming material. Short quizzes in the videos and at the end of each chapter provide on-line formative assessments of ascending difficulty. The hard-copy text poses questions before and after each case to direct attention to core issues and stimulate deeper thinking, and also features text boxes to define crucial legal terms or provide cross-references. Both hard copy-and online materials are presented in a visually compelling format to keep students engaged. The balance of time-tested classic cases and recent opinions provides relevant fact situations and also illustrates the continuing relevance of ancient doctrines in new contexts such as online adhesion contracts. Other innovative features of the book include: Multiple formative exercises Problem sets to apply doctrine and introduce drafting terms, concepts & techniques Embedded quizzes in on-line introductory videos End-of-chapter bar exam style multiple choice quizzes Experiential elements such as practice-pointer text boxes Images throughout the text that emphasize doctrines' real-life implications Inclusivity through gender and racially diverse photos of judges, avatars in videos, and pronoun use in hypotheticals
Book Synopsis Rethinking Legal Reasoning by : Geoffrey Samuel
Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Book Synopsis Rethinking Law and Language by : Jan M. Broekman
Download or read book Rethinking Law and Language written by Jan M. Broekman and published by Edward Elgar Publishing. This book was released on 2019 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.
Book Synopsis Rethinking US Election Law by : Steven Mulroy
Download or read book Rethinking US Election Law written by Steven Mulroy and published by Edward Elgar Publishing. This book was released on with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
Book Synopsis Contract Law and Contract Practice by : Catherine E Mitchell
Download or read book Contract Law and Contract Practice written by Catherine E Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Book Synopsis Rethinking Cyberlaw by : Jacqueline Lipton
Download or read book Rethinking Cyberlaw written by Jacqueline Lipton and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known
Book Synopsis Rethinking the Jurisprudence of Cyberspace by : Chris Reed
Download or read book Rethinking the Jurisprudence of Cyberspace written by Chris Reed and published by Edward Elgar Publishing. This book was released on 2018 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.
