Towards A Theory Of Contract

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Contract Theory

Author : Stephen A. Smith
Publisher : OUP Oxford
ISBN 13 : 0191018813
Total Pages : 480 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Contract Theory by : Stephen A. Smith

Download or read book Contract Theory written by Stephen A. Smith and published by OUP Oxford. This book was released on 2004-03-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.

From Promise to Contract

Author : Dori Kimel
Publisher : Hart Publishing
ISBN 13 : 1841132128
Total Pages : 160 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis From Promise to Contract by : Dori Kimel

Download or read book From Promise to Contract written by Dori Kimel and published by Hart Publishing. This book was released on 2003-03-14 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.

Commercial Contract Law

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.1/5 (7 download)

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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 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

Towards a Natural Social Contract

Author : Patrick Huntjens
Publisher : Springer Nature
ISBN 13 : 3030671305
Total Pages : 212 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Towards a Natural Social Contract by : Patrick Huntjens

Download or read book Towards a Natural Social Contract written by Patrick Huntjens and published by Springer Nature. This book was released on 2021-03-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is a 2022 Nautilus Gold Medal winner in the category "World Cultures' Transformational Growth & Development". It states that the societal fault lines of our times are deeply intertwined and that they confront us with challenges affecting the security, fairness and sustainability of our societies. The author, Prof. Dr. Patrick Huntjens, argues that overcoming these existential challenges will require a fundamental shift from our current anthropocentric and economic growth-oriented approach to a more ecocentric and regenerative approach. He advocates for a Natural Social Contract that emphasizes long-term sustainability and the general welfare of both humankind and planet Earth. Achieving this crucial balance calls for an end to unlimited economic growth, overconsumption and over-individualisation for the benefit of ourselves, our planet, and future generations. To this end, sustainability, health, and justice in all social-ecological systems will require systemic innovation and prioritizing a collective effort. The Transformative Social-Ecological Innovation (TSEI) framework presented in this book serves that cause. It helps to diagnose and advance innovation and spur change across sectors, disciplines, and at different levels of governance. Altogether, TSEI identifies intervention points and formulates jointly developed and shared solutions to inform policymakers, administrators, concerned citizens, and professionals dedicated towards a more sustainable, healthy and just society. A wide readership of students, researchers, practitioners and policy makers interested in social innovation, transition studies, development studies, social policy, social justice, climate change, environmental studies, political science and economics will find this cutting-edge book particularly useful. “As a sustainability transition researcher, I am truly excited about this book. Two unique aspects of the book are that it considers bigger transformation issues (such as societies’ relationship with nature, purpose and justice) than those studied in transition studies and offers analytical frameworks and methods for taking up the challenge of achieving change on the ground.” - Prof. Dr. René Kemp, United Nations University and Maastricht Sustainability Institute

The Choice Theory of Contracts

Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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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: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Philosophical Foundations of Contract Law

Author : Gregory Klass
Publisher : OUP Oxford
ISBN 13 : 019102208X
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of Contract Law by : Gregory Klass

Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

The Economics of Contracts

Author : Eric Brousseau
Publisher : Cambridge University Press
ISBN 13 : 9780521893138
Total Pages : 604 pages
Book Rating : 4.8/5 (931 download)

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Book Synopsis The Economics of Contracts by : Eric Brousseau

Download or read book The Economics of Contracts written by Eric Brousseau and published by Cambridge University Press. This book was released on 2002-10-17 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2002 survey of economics of contracts appealing to scholars in economics, management and law.

Firms, Contracts, and Financial Structure

Author : Oliver Hart
Publisher : Clarendon Press
ISBN 13 : 0191521728
Total Pages : 244 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Firms, Contracts, and Financial Structure by : Oliver Hart

Download or read book Firms, Contracts, and Financial Structure written by Oliver Hart and published by Clarendon Press. This book was released on 1995-10-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a framework for thinking about economic instiutions such as firms. The basic idea is that institutions arise in situations where people write incomplete contracts and where the allocation of power or control is therefore important. Power and control are not standard concepts in economic theory. The book begins by pointing out that traditional approaches cannot explain on the one hand why all transactions do not take place in one huge firm and on the other hand why firms matter at all. An incomplete contracting or property rights approach is then developed. It is argued that this approach can throw light on the boundaries of firms and on the meaning of asset ownership. In the remainder of the book, incomplete contacting ideas are applied to understand firms' financial decisions, in particular, the nature of debt and equity (why equity has votes and creditors have foreclosure rights); the capital structure decisions of public companies; optimal bankruptcy procedure; and the allocation of voting rights across a company's shares. The book is written in a fairly non-technical style and includes many examples. It is aimed at advanced undergraduate and graduate students, academic and business economists, and lawyers as well as those with an interest in corporate finance, privatization and regulation, and transitional issues in Eastern Europe, the former Soviet Union, and China. Little background knowledge is required, since the concepts are developed as the book progresses and the existing literature is fully reviewed.

Game Theory and the Law

Author : Douglas G. Baird
Publisher : Harvard University Press
ISBN 13 : 9780674341111
Total Pages : 348 pages
Book Rating : 4.3/5 (411 download)

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Book Synopsis Game Theory and the Law by : Douglas G. Baird

Download or read book Game Theory and the Law written by Douglas G. Baird and published by Harvard University Press. This book was released on 1994 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.

A Theory of Justice

Author : John RAWLS
Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis A Theory of Justice by : John RAWLS

Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

What We Owe Each Other

Author : Minouche Shafik
Publisher : Princeton University Press
ISBN 13 : 069120764X
Total Pages : 256 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis What We Owe Each Other by : Minouche Shafik

Download or read book What We Owe Each Other written by Minouche Shafik and published by Princeton University Press. This book was released on 2022-08-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.

Ethics Theory and Business Practice

Author : Mick Fryer
Publisher : SAGE
ISBN 13 : 1473909031
Total Pages : 473 pages
Book Rating : 4.4/5 (739 download)

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Book Synopsis Ethics Theory and Business Practice by : Mick Fryer

Download or read book Ethics Theory and Business Practice written by Mick Fryer and published by SAGE. This book was released on 2014-10-27 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his ground-breaking new textbook, Mick Fryer offers students of Business Ethics clear explanations of a range of theoretical perspectives, along with examples of how these perspectives might be used to illuminate the ethical challenges presented by business practice. The book includes: Realistic scenarios which gently introduce a theory and demonstrate how it can be applied to a real-life ethical dilemma that everyone can relate to, such as borrowing money from a friend Real organisational case studies in each chapter which illustrate how each theory can be applied to real business situations. Cases include Nike, Coca Cola, BMW, Shell, Starbucks and GSK ‘Pause for Reflection’ boxes and ‘Discussion Questions’ which encourage you to challenge the established notions of right and wrong, and empower you to develop your own moral code Video Activities in each chapter with accompanying QR codes which link to documentaries, films, debates and news items to get you thinking about real-life ethical dilemmas Visit the book’s companion website for self-test questions, additional web links and more at: study.sagepub.com/fryer

The Future of the Commercial Contract in Scholarship and Law Reform

Author : Maren Heidemann
Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 472 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

Justice in Transactions

Author : Peter Benson
Publisher : Belknap Press
ISBN 13 : 0674237595
Total Pages : 625 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice in Transactions by : Peter Benson

Download or read book Justice in Transactions written by Peter Benson and published by Belknap Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

Approaches to Social Enquiry

Author : Norman Blaikie
Publisher : Polity
ISBN 13 : 0745634494
Total Pages : 257 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Approaches to Social Enquiry by : Norman Blaikie

Download or read book Approaches to Social Enquiry written by Norman Blaikie and published by Polity. This book was released on 2007-09-24 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its initial publication, this highly respected text has provided students with a critical review of the major research paradigms in the social sciences and the logics or strategies of enquiry associated with them. This second edition has been revised and updated.

The Relational Theory of Contract

Author : Ian R. MacNeil
Publisher :
ISBN 13 :
Total Pages : 412 pages
Book Rating : 4.:/5 (755 download)

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Book Synopsis The Relational Theory of Contract by : Ian R. MacNeil

Download or read book The Relational Theory of Contract written by Ian R. MacNeil and published by . This book was released on 2001 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Karl Polanyi

Author : Gareth Dale
Publisher : Polity
ISBN 13 : 0745640710
Total Pages : 320 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Karl Polanyi by : Gareth Dale

Download or read book Karl Polanyi written by Gareth Dale and published by Polity. This book was released on 2010-06-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karl Polanyi’s The Great Transformation is generally acclaimed as being among the most influential works of economic history in the twentieth century, and remains as vital in the current historical conjuncture as it was in his own. In its critique of nineteenth-century ‘market fundamentalism’ it reads as a warning to our own neoliberal age, and is widely touted as a prophetic guidebook for those who aspire to understand the causes and dynamics of global economic turbulence at the end of the 2000s. Karl Polanyi: The Limits of the Market is the first comprehensive introduction to Polanyi’s ideas and legacy. It assesses not only the texts for which he is famous – prepared during his spells in American academia – but also his journalistic articles written in his first exile in Vienna, and lectures and pamphlets from his second exile, in Britain. It provides a detailed critical analysis of The Great Transformation, but also surveys Polanyi’s seminal writings in economic anthropology, the economic history of ancient and archaic societies, and political and economic theory. Its primary source base includes interviews with Polanyi’s daughter, Kari Polanyi-Levitt, as well as the entire compass of his own published and unpublished writings in English and German. This engaging and accessible introduction to Polanyi’s thinking will appeal to students and scholars across the social sciences, providing a refreshing perspective on the roots of our current economic crisis.