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Author : Elisha Greenhood
Publisher :
ISBN 13 :
Total Pages : 972 pages
Book Rating : 4.3/5 (511 download)
Download or read book The Doctrine of Public Policy in the Law of Contracts written by Elisha Greenhood and published by . This book was released on 1886 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : R. A. Buckley
Publisher :
ISBN 13 : 9781847032966
Total Pages : 350 pages
Book Rating : 4.0/5 (329 download)
Download or read book Illegality and Public Policy written by R. A. Buckley and published by . This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to illegality of contract is of considerable importance. This text examines the area, covering all situations where a contract cannot be enforced because to do so would result either in an illegal act or be against public policy.
Author :
Publisher : Stanford University Press
ISBN 13 : 0804765278
Total Pages : 394 pages
Book Rating : 4.8/5 (47 download)
Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Author : James Francis Donnelly
Publisher :
ISBN 13 :
Total Pages : 634 pages
Book Rating : 4.A/5 ( download)
Download or read book A Treatise on the Law of Public Contracts written by James Francis Donnelly and published by . This book was released on 1922 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Waddams
Publisher : Cambridge University Press
ISBN 13 : 1139499955
Total Pages : 267 pages
Book Rating : 4.1/5 (394 download)
Download or read book Principle and Policy in Contract Law written by Stephen Waddams and published by Cambridge University Press. This book was released on 2011-08-18 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
Author : Randy E. Barnett
Publisher : Aspen Publishing
ISBN 13 : 1543826288
Total Pages : 1549 pages
Book Rating : 4.5/5 (438 download)
Download or read book Contracts written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals. New to the Seventh Edition: In order to keep the size of the book manageable, we have eliminated the section on the signature requirement under the statute of frauds and have slimmed down the materials on internet contracting, which is no longer the “cutting edge” area that once it was. New cases include: Attorney General v. Blake (restitution damages for breach of contract against a British spy who defected to the USSR) Snepp v. United States (squib) (constructive trust against an American spy for breach of contract) Al-Ibrahim v. Edde (denied an unjust enrichment remedy to unwind a contact declared unenforceable for illegality) Pelletier v. Johnson (claim for unjust enrichment allowed to unwind a contract declared unenforceable for illegality) Carter Baron Drilling v. Badger Oil Corp. (discussing the parole evidence rule under the UCC) C.R. Klewin Inc. v. Flagship Properties, Inc. (the exception to the 1-year requirement under the statute of frauds) Cohen v. Clark (case imposing liability on a breaching party that everyone agrees breached in “good faith”; illustrates the strictness of contractual liability) Hanford v. Connecticut Fair Ass’n, Inc. (public policy exception for public health in time of a pandemic) B2C2 Ltd v. Quoine Ltd Pte (unilateral mistake case dealing with “smart contracts”) Professors and student will benefit from: Case-based approach that gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory. Cases that are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills. Restatement and UCC sections integrated to encourage students to consult them as they read the cases. Iconic and contemporary cases combined to show how the classic cases are still relevant. Chapters that begin with a brief, accessible textual introductions. Study Guide questions before each case help focus student attention on salient issues. Flexible organization begins with Remedies, but chapters can be taught in any order.
Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0192590782
Total Pages : 672 pages
Book Rating : 4.1/5 (925 download)
Download or read book Contents of Contracts and Unfair Terms written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2020-11-30 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
Author : R. A. Buckley
Publisher :
ISBN 13 : 9780414028395
Total Pages : 348 pages
Book Rating : 4.0/5 (283 download)
Download or read book Illegality and Public Policy written by R. A. Buckley and published by . This book was released on 2013 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of Illegality and Public Policy builds on the strengths of its predecessors in its comprehensiveness, extensive case reference and coverage of the allied area of Restraint of Trade. It also offers fresh coverage of Illegality in employment contracts, extensive coverage of up-to-date work by the Law Commission in this field, and worked examples to illustrate the complexities of the field. The book sets out the law relating to illegality and public policy in the context of contracts and the possible undesirable consequences which an agreement may have for society at large.Introduction; Crime, Tort and Statutory Illegality; Implied Prohibition of Contracts; Unlawful Performance; Knowledge and Participation; Indemnity and Forfeiture; Policy and Morality; Fraud and Corruption; Compromising the Legal Process; Maintenance and Champerty; Peace and War; Nature of the Doctrine; Frontiers of Protection; Construction and Scope of Covenants; Customers, Rivals and the Professions; Oppression, Repudiation and Interim Injunctions; The Enforceability of Proprietary Interests; Illegality and Restitution; Repentance and Protection; The Doctrine of Severance; The New Zealand Illegal Contracts 1970; Reform Proposals in Commonwealth Jurisdictions; Hypothetical Situations involving Illegality. The book deals with new authorities and decisions including: - The Estate of Dead Persons Act 2011 - Nayyar v Denton Wilde Sapte [2009] EWHC 3218 - Coulson v News Group Newspapers [2011] EWHC 3482 and Mulcaire v News Group Newspapers [2011] EWHC 3469 - Simpson v Norfolk & Norwich University Hospital Trust [2011] EWCA Civ 1149 - Westlaw Services v Boddy [2010] EWCA Civ 929 - Lediaev v Allen [2009] EWCA Civ 156 - Safeway Stores v Twigger [2010] EWCA Civ 1472 (illegality in competition) - Parkingeye Ltd v Somerfield Stores Ltd [2012] EWCA Civ 1338 (general doctrine of ex turpi causa) - Sibthorpe v Southwark LBC [2011] EWCA Civ 25 (champerty/legal process) - Craig Joseph v Jason Spiller and 1311 Events Ltd [2009] EWCA 1075 (statutory illegality) - Hounga v Allen [2012] EWCA Civ 609 (effect of race discrimination on legal process) - Proactive Sports Management Ltd v Rooney [2011] EWCA Civ 1444 - Gray v Thames Trains [2009] UKHL 33 (consequences of criminal act) - Stone & Rolls v Moore Stephens [2009] UKHL 39 (effects of fraud) - Welwyn v Hatfield BC [2011] UKSC 15 (no benefit from crime) - Granatino v Radmacher [2011] AC 534 (enforceability of pre-nuptial agreements)
Author : Edward Avery Harriman
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.F/5 ( download)
Download or read book The Law of Contracts written by Edward Avery Harriman and published by . This book was released on 1901 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Waddams
Publisher : Cambridge University Press
ISBN 13 : 1108425674
Total Pages : 253 pages
Book Rating : 4.1/5 (84 download)
Download or read book Sanctity of Contracts in a Secular Age written by Stephen Waddams and published by Cambridge University Press. This book was released on 2019-03-21 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)
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.
Author : Richard E. Speidel
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.F/5 ( download)
Download or read book Contracts in Crises written by Richard E. Speidel and published by . This book was released on 2007 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government frequently responds to crises (like 9/11 and Hurricane Katrina) with laws that have retrospective effects on existing contracts. Because these laws are usually constitutional, the promisee has no claim against the government. The promisor, however, will probably obtain an excuse from the contract because performance is now either illegal or impaired by government acts or orders. The promisor is in what can be called "the Zone of Coercion." If excuse is granted, the contract is discharged but the promisee, because of limited remedies, will not be restored to its pre-contract position. Thus, the promisee's contract rights are casualties in what amounts to a constitutional taking by the government. This book traces and critiques the development from 19th-century England to the present of excuse doctrine and its application by courts in "the Zone." The development of more general contract excuse doctrine and different theories about excuse -- such as economic analysis and behavioral decision theory -- are also traced in both private and public contracts. "Speidel's [book] is a prescient and relevant text, which provides a unique legal perspective on contractual defenses and which has particular applicability to the contractual fallout that will inevitably occur after the proposed governmental 'resolution' of the Wall Street debacle....In its entirety, the text provides an informative perspective on these concentrated issues of the intersection of private contract law and public law in times of crisis." -- The Law & Politics Book Review, October 2008
Author : Charles L. Knapp
Publisher : Aspen Publishing
ISBN 13 : 1543856314
Total Pages : 1519 pages
Book Rating : 4.5/5 (438 download)
Download or read book Problems in Contract Law written by Charles L. Knapp and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problems in Contract Law: Cases and Materials, by Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, Danielle K. Hart, and Joshua M. Silverstein, includes cases with notes and explanatory text, additional commentary, essay, and short-answer problems, and multiple-choice review questions for each chapter. The cases selected are a balance of traditional and contemporary that reflect the development and complexity of contract law. Explanatory notes and text place the classic and newer decisions in their larger legal context. Questions and problems provide opportunities to practice core legal skills and encourage students to explore the relationship between theory and practice. This successful book is well known for approaching contract law and theory from multiple perspectives and using a variety of contractual settings. Adaptable for instructors with different pedagogical philosophies, Problems in Contract Law can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the 10th Edition: Five new principal cases that reflect advances in or improved statements of contract law. One restored principal case (Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.) that provides valuable perspectives on a fundamental area of contract law. Twelve new problems, including several shorter problems, to provide more review options for teachers and students and to add contemporary fact patterns. Eight new tables and flow charts to assist students with the conceptual structure of complicated legal subjects. Editing of note and text material to reduce length without affecting coverage and to capture new legal developments. Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors greater flexibility in assigning or deleting comments. Student accessibility to deleted cases from prior editions through Casebook Connect, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference. Professors and students will benefit from: The authors’ emphasis on making the material accessible for both students taking and professors teaching the course - rejecting a hide-the-ball approach. The continued appeal to professors with various teaching methodologies: traditional, problem-oriented, theoretical, and practical. The comprehensive nature of the contents allows professors the flexibility to teach their students the basics or conduct a more in-depth analysis of a given topic. The continued mixture of classic and contemporary cases. Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.
Author : George Letsas
Publisher : Oxford University Press, USA
ISBN 13 : 0198713010
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)
Download or read book Philosophical Foundations of Contract Law written by George Letsas and published by Oxford University Press, USA. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Author : Robert E. Scott
Publisher :
ISBN 13 :
Total Pages : 1304 pages
Book Rating : 4.F/5 ( download)
Download or read book Contract Law and Theory written by Robert E. Scott and published by . This book was released on 2002 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a theoretical model for teaching contracts without sacrificing either sensible case selection or doctrinal detail, the authors' commitment to the practical use of theory also commits them to a functional analysis of contract law. This serves to emphasize the instrumental effects of contract rules - how the rules are likely to influence the behaviour of similarly situated parties in the future. However, the commitment to a functional analysis of contract law does not demand the acceptance of any particular dogma. The theoretical perspective of the book aims to shape pedagogic objectives. remaining cases, essays and notes in chapters two to ten are designed as a database, to test the introductory themes. This approach has several benefits. Once the students are familiar with both doctrine and theory, they can begin to focus on the counselling functions that contract lawyers perform. The book reminds students to study reported cases in order to avoid similar problems. A 2002 supplement is also available.
Author : Brian A. Blum
Publisher : Aspen Publishers
ISBN 13 : 9781567066340
Total Pages : 0 pages
Book Rating : 4.0/5 (663 download)
Download or read book Contracts written by Brian A. Blum and published by Aspen Publishers. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Brian A. Blum, highly regarded for both his strong writing ability and his skill in teaching first-year students, offers a clear, readable text to help the beginner master the difficult concepts and vocabulary of Contracts. Carefully designed to facilitate effective study, CONTRACTS: Examples and Explanations takes the practical three-step approach that characterizes this effective Series: -Thorough descriptions explore and explain the concepts under consideration -Examples gives students an opportunity to test their comprehension by applying the law to contemporary fact patterns -Explanations help them measure their mastery of the material and provide suggested answers and feedback. Subtle complexities of the law come into focus when students begin with straightforward examples and build their knowledge through progressively more difficult problems. Throughout the book, useful diagrams give students visual representations of important concepts to strengthen the textual explanations. Blum structures his book in a series of self-contained chapters on: -Consideration -Promissory Estoppel -Restitution -Offer and Acceptance -Interpretation and Construction -The Statute of Frauds And The Parole Evidence Rule -Judicial Regulation of Improper Bargaining and of Violation of Law and Public Policy -Incapacity -Mistake -Conditions -Breach of Contract -Remedies -Assignment, Delegation, and Third Party Beneficiaries This comprehensive coverage of all key topics allows students to consult the text for specific guidance. Table of Contents Preface Acknowledgements Chapter 1: The Meaning of 'Contract' And The Basic Attributes of the Contractual Relationship Chapter 2: Facets of the Law of Contract And The Source of Its Rules, Processes, and Traditions Chapter 3: The Doctrine of Precedent and a Contract Case Analysis Chapter 4: The Objective Test and Common Law Offer and Acceptance Chapter 5: Options and Firm Offers Chapter 6: Offer and Acceptance Under the UCC, And The 'Battle of the Forms' Chapter 7: Consideration Chapter 8: Promissory Estoppel as the Basis for Enforcing Promises Chapter 9: Restitution: Unjust Enrichment and ' Moral Obligation' Chapter 10: Interpretation and Construction: Resolving Meaning and Dealing with Uncertainty in Agreements Chapter 11: The Statute of Frauds Chapter 12: The Parol Evidence Rule Chapter 13: Judicial Regulation of Improper Bargaining and of Violations of Law and Public Policy Chapter 14: Incapacity Chapter 15: Mistake, Impracticability, and Frustration of Purpose Chapter 16: Conditions and Promises Chapter 17: Breach and Repudiation Chapter 18: Remedies for Breach of Contract Chapter 19: Assignment, Delegation, and Third-Party Beneficiaries Glossary Index
Author : Stewart Macaulay
Publisher : Michie
ISBN 13 : 9781558342262
Total Pages : 876 pages
Book Rating : 4.3/5 (422 download)
Download or read book Contracts written by Stewart Macaulay and published by Michie. This book was released on 1995 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing contract law, volume one of this text treats remedies for breach of contract, contract and continuing relations, and social control of free contract. Chapters in volume two cover formation of contract; incomplete planning; flexibility and enforceability; closing a deal; and more.
