The Fall and Rise of Freedom of Contract

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Author :
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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 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 314 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 Rise and Fall of Freedom of Contract

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Author :
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.

Model Rules of Professional Conduct

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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.

Contract as Promise

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Author :
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.

Contract Law and Contract Practice

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Author :
Publisher : A&C Black
ISBN 13 : 1782253130
Total Pages : 442 pages
Book Rating : 4.7/5 (822 download)

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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 442 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.

Contract Law and Social Morality

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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.

François Cevert

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Publisher :
ISBN 13 : 9780718300449
Total Pages : 213 pages
Book Rating : 4.3/5 (4 download)

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Book Synopsis François Cevert by : Jean Claude Hallé

Download or read book François Cevert written by Jean Claude Hallé and published by . This book was released on 1975 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ages of American Law

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Publisher : Yale University Press
ISBN 13 : 030021104X
Total Pages : 248 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Ages of American Law by : Grant Gilmore

Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2015-01-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

Contracts

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Author :
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 1640 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contracts by : Friedrich Kessler

Download or read book Contracts written by Friedrich Kessler and published by Aspen Publishers. This book was released on 1986 with total page 1640 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding and Negotiating Book Publication Contracts

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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.

Discourse on the Sciences and Arts

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Author :
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.

Contract Killings in Australia

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Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Contract Killings in Australia by : Jenny Mouzos

Download or read book Contract Killings in Australia written by Jenny Mouzos and published by . This book was released on 2003 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the nature of contract killings in Australia, with specific attention on documenting its incidence, the level of police intervention in its prevention, differences between successful and attempted contract killings and the various types of contract killings in Australia.

For Capital Punishment

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Author :
Publisher : Upa
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis For Capital Punishment by : Walter Berns

Download or read book For Capital Punishment written by Walter Berns and published by Upa. This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.

Ross Alexander

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Publisher :
ISBN 13 : 9781629335841
Total Pages : 446 pages
Book Rating : 4.3/5 (358 download)

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Book Synopsis Ross Alexander by : John Franceschina

Download or read book Ross Alexander written by John Franceschina and published by . This book was released on 2020-06-17 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the screen juveniles groomed for stardom by Warner Brothers in the 1930s, few were touted as highly by Hal Wallis and Jack Warner as Ross Alexander. Strikingly handsome, with a sensuality that appealed to women (and men) of all ages, and possessed of a Puck-like good humor that endeared him to columnists, co-stars, and virtually everyone else in the Hollywood film community, Ross quickly became the golden boy of scene-stealers at Warners, after appearing in Flirtation Walk, with Dick Powell, Ruby Keeler, and Pat O'Brien, and Gentlemen Are Born, with Franchot Tone, Jean Muir, and Ann Dvorak. Like many of the actors in Hollywood at that time, Ross was recruited from Broadway where he played high-spirited juveniles in Let Us Be Gay, starring Charlotte Granville, Francine Larrimore and Warren William; That's Gratitude, with Frank Craven, Thelma Marsh, and George Barbier; and After Tomorrow, with Donald Meek and Barbara Robbins--all produced by song-writer, producer-director, John Golden, who "discovered" Ross performing with Antoinette Perry (the "Tony" of Broadway theatre awards), in the long-run flop, The Ladder. While Alexander's career at Warner's was in the ascendant in films like A Midsummer Night's Dream, Captain Blood, and Shipmates Forever, his marriage to actress (and New Jersey socialite) Aleta Freel had disintegrated, leading to Aleta's suicide in December 1935. Ross's best friend, Henry Fonda, believed that Alexander never recovered from his wife's death, even though he continued to appear onscreen in well-regarded roles until his own suicide in January 1937. According to contemporary reports, after Alexander's death, Warner Brothers purged his home of any and everything he might have written--poems, letters, script-notes, the works--in order to protect the studio from scandals related to Alexander's closeted homosexuality and other idiosyncrasies, including his alleged obsessive infatuation with Bette Davis. Surprisingly, in the 80 years that have passed since Alexander's death, no full-length study of the actor so beloved, but so quickly forgotten by Warner Brothers had existed until Ross Alexander: The life and death of a contract player, an investigation of Broadway and Hollywood during the 1920s and 1930s, from Prohibition through the Great Depression and the Production Code, with previously unpublished documents, and nearly 100 illustrations.

Calamari and Perillo on Contracts

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Author :
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.

One Nation Under Contract

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Publisher :
ISBN 13 : 9780300168327
Total Pages : 0 pages
Book Rating : 4.1/5 (683 download)

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Book Synopsis One Nation Under Contract by : Allison Stanger

Download or read book One Nation Under Contract written by Allison Stanger and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A definitive and disturbing look at one of the most important trends in government and global politics: the privatization of American foreign policy and its consequences. International relations scholar Allison Stanger shows how contractors became an integral part of American foreign policy, often in scandalous ways--but also maintains that contractors aren't the problem; the absence of good government is. Outsourcing done right is, in fact, indispensable to America's interests in the information age. Stanger makes three arguments. The outsourcing of U.S. government activities is far greater than most people realize, has been very poorly managed, and has inadvertently militarized American foreign policy; Despite this mismanagement, public-private partnerships are here to stay, so we had better learn to do them right; With improved transparency and accountability, these partnerships can significantly extend the reach and effectiveness of U.S. efforts abroad. The growing use of private contractors predates the Bush Administration, and while his era saw the practice rise to unprecedented levels, Stanger argues that it is both impossible and undesirable to turn back the clock and simply re-absorb all outsourced functions back into government. Through explorations of the evolution of military outsourcing, the privatization of diplomacy, our dysfunctional homeland security apparatus, and the slow death of the U.S. Agency for International Development, Stanger shows that the requisite public-sector expertise to implement foreign policy no longer exists. The successful activities of charities and NGOs, coupled with the growing participation of multinational corporations in development efforts, make a new approach essential. Provocative and far-reaching, One Nation Under Contract presents a bold vision of what that new approach must be.