The Death Of Contracts

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Reconstructing Contracts

Author : Douglas G. Baird
Publisher : Harvard University Press
ISBN 13 : 9780674072480
Total Pages : 0 pages
Book Rating : 4.0/5 (724 download)

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Book Synopsis Reconstructing Contracts by : Douglas G. Baird

Download or read book Reconstructing Contracts written by Douglas G. Baird and published by Harvard University Press. This book was released on 2013-04-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow? For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore’s The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules. In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes’s principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

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

A Selection of Cases on the Law of Contracts

Author : Christopher Columbus Langdell
Publisher :
ISBN 13 :
Total Pages : 1046 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis A Selection of Cases on the Law of Contracts by : Christopher Columbus Langdell

Download or read book A Selection of Cases on the Law of Contracts written by Christopher Columbus Langdell and published by . This book was released on 1871 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contracts: Happiness and Heartbreak (Second Edition)

Author : Randall Kennedy
Publisher :
ISBN 13 :
Total Pages : 685 pages
Book Rating : 4.6/5 (667 download)

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Book Synopsis Contracts: Happiness and Heartbreak (Second Edition) by : Randall Kennedy

Download or read book Contracts: Happiness and Heartbreak (Second Edition) written by Randall Kennedy and published by . This book was released on 2020-08-06 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracting often facilitates happiness. It enables us to do things we would otherwise be unable to do and thus to live more fully, richly, enjoyably. We enter into contracts constantly, often with little consciousness about legal consequences. Typically we become self-conscious only when a problem arises. Our course will mainly be about problems arising from contracting. It is largely an exploration of contract pathology.

Contract as Promise

Author : Charles Fried
Publisher : Oxford University Press, USA
ISBN 13 : 0190240164
Total Pages : 220 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Contract as Promise by : Charles Fried

Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.

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.

Contract Law and Social Morality

Author : Peter M. Gerhart
Publisher : Cambridge University Press
ISBN 13 : 1009038729
Total Pages : 233 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Contract Law and Social Morality by : Peter M. Gerhart

Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.

Corbin on Contracts

Author : Arthur Linton Corbin
Publisher :
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Corbin on Contracts by : Arthur Linton Corbin

Download or read book Corbin on Contracts written by Arthur Linton Corbin and published by . This book was released on 1993 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Casebook on the Roman Law of Contracts

Author : Bruce W. Frier
Publisher : Oxford University Press
ISBN 13 : 019757324X
Total Pages : 538 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis A Casebook on the Roman Law of Contracts by : Bruce W. Frier

Download or read book A Casebook on the Roman Law of Contracts written by Bruce W. Frier and published by Oxford University Press. This book was released on 2021-05-26 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals. In order to bring out the intricacy of Roman contract law, the casebook employs the case-law method--actual Roman texts, drawn from Justinian's Digest and other sources, are presented both in Latin and English, along with introductions and discussions that fill out the background of the cases and explore related legal issues. This method reflects the casuistic practices of the jurists themselves: concentrating on the fact-rich environment in which contracts are made and enforced, while never losing sight of the broader principles upon which the jurists constructed the law. The casebook concentrates especially on stipulation and sale, which are particularly well represented in surviving sources. Beyond these and other standard contracts, the book also has chapters on the capacity to contract, the creation of third-party rights and duties, and the main forms of unjustified enrichment. What students can hope to learn from this casebook is not only the general outlines and details of Roman contract law, but also how the jurists developed such law out of rudimentary civil procedures. An online teacher's manual is available for instructors; to access it, see page xxi of the Casebook.

Understanding and Negotiating Book Publication Contracts

Author : Brianna Schofield
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis Understanding and Negotiating Book Publication Contracts by : Brianna Schofield

Download or read book Understanding and Negotiating Book Publication Contracts written by Brianna Schofield and published by . This book was released on 2018 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Soul Contracts

Author : Linda Baker
Publisher : iUniverse
ISBN 13 : 1450237118
Total Pages : 202 pages
Book Rating : 4.4/5 (52 download)

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Book Synopsis Soul Contracts by : Linda Baker

Download or read book Soul Contracts written by Linda Baker and published by iUniverse. This book was released on 2010-07-14 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are soul contracts and what roles do they play in our lives? How do you recognize your own soul contracts? Why is this knowledge so important for personal and spiritual growth? Can we communicate with deceased loved ones to help them, and learn from them? Includes: Self-help material for further exploring and healing contracts in your own life. Spiritual Post-Conception Birth Control and Past Life Techniques The Alchemy Institute is one of Americas foremost training programs in Past Life Regression. When my students study Past Life Regression, there are many texts we recommend. Soul Contracts is at the top of the list. Lindas compassion and her skill as a hypnotherapist show through in one inspiring story after another that proves the practical power of past life regression to transform lives. This book is filled with easy to read, fascinating true stories that open a window into a rich and extraordinary world of healing which lives inside of each of us. ~ David Quigley, founder and Director of the Alchemy Institute Dear Linda, I love what you have written as it is so personal and easy to read and most important for everyone to understand that much of what is happening in their lives has its root in their distant past of a previous incarnation. Reincarnation is a fact as we are eternal and we can free ourselves of a problem in the present when we resolve the past in the manner that Linda Baker is sharing with us. A must read for the spiritually sincere. Terry Cole-Whittaker author of What You Think of Me is None of My Business, Dare to Be Great and Live Your Bliss and many others Brings a broad new dimension to our understanding of healing and personal changeExcellent reading! Hal Zina Bennett,Ph.D. author of Spirit Circle and more than 25 books on personal growth I just finished your book Soul Contracts. I was deeply affected by this book. I had to buy it because I could not let it go. Soul Contracts rang more bells in my heart, head and body than any book Ive read this year! -J.B., Seattle, WA

Touch of Class

Author : Bertrand Meyer
Publisher : Springer Science & Business Media
ISBN 13 : 3540921443
Total Pages : 926 pages
Book Rating : 4.5/5 (49 download)

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Book Synopsis Touch of Class by : Bertrand Meyer

Download or read book Touch of Class written by Bertrand Meyer and published by Springer Science & Business Media. This book was released on 2009-08-28 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text combines a practical, hands-on approach to programming with the introduction of sound theoretical support focused on teaching the construction of high-quality software. A major feature of the book is the use of Design by Contract.

A Short and Happy Guide to Contracts

Author : David G. Epstein
Publisher : West Academic Publishing
ISBN 13 : 9780314277930
Total Pages : 0 pages
Book Rating : 4.2/5 (779 download)

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Book Synopsis A Short and Happy Guide to Contracts by : David G. Epstein

Download or read book A Short and Happy Guide to Contracts written by David G. Epstein and published by West Academic Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This efficient and exceedingly effective guide to Contracts will help you see the big picture. The authors focus on making the key concepts of contract law, and the relationship among those concepts, easier to understand and retain. The authors have also infused the book with humor, believing there is nothing inconsistent between a rigorous academic experience and having a little fun. Each of the authors is nationally-renowned law teacher who has taught Contracts for decades. Based on that experience, in this book they have set forth understandable techniques for mastering the law governing each critical aspect of the contract relationship, including, contract formation (offer and acceptance), enforcement (consideration and defenses), interpretation, performance, breach, and remedies.

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.

An Elementary Digest of the Law of Contracts

Author : Stephen Martin Leake
Publisher :
ISBN 13 :
Total Pages : 1476 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis An Elementary Digest of the Law of Contracts by : Stephen Martin Leake

Download or read book An Elementary Digest of the Law of Contracts written by Stephen Martin Leake and published by . This book was released on 1878 with total page 1476 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Calamari and Perillo on Contracts

Author : Joseph M. Perillo
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 994 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Calamari and Perillo on Contracts by : Joseph M. Perillo

Download or read book Calamari and Perillo on Contracts written by Joseph M. Perillo and published by West Academic Publishing. This book was released on 2009 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expert author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.