Binding Promises
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Binding Promises
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Author : W. David Slawson
language : en
Publisher: Princeton University Press
Release Date : 1996-07-08
Binding Promises written by W. David Slawson and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-07-08 with Law categories.
During its classical period, American contract law had three prominent characteristics: nearly unlimited freedom to choose the contents of a contract, a clear separation from the law of tort (the law of civil wrongs), and the power to make contracts without regard to the other party's ability to understand them. Combining incisive historical analysis with a keen sense of judicial politics, W. David Slawson shows how judges brought the classical period to an end about 1960 with a period of reform that continues to this day. American contract law no longer possesses any of the prominent characteristics of its classical period. For instance, courts now refuse to enforce standard contracts according to their terms; they implement the consumer's reasonable expectations instead. Businesses can no longer count on making the contracts they want: laws for certain industries or for businesses generally set many business obligations regardless of what the contracts say. A person who knowingly breaches a contract and then tries to avoid liability is subject to heavy penalties. As Slawson demonstrates, judges accomplished all these reforms, although with some help from scholars. Legislation contributed very little despite its presence in massive amounts and despite the efforts of modern institutions of law reform such as the Conference of Commissioners on Uniform State Laws. Slawson argues persuasively that this comparison demonstrates the superiority of judge-made law to legislation for reforming private law of any kind.
Contract As Promise
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Author : Charles Fried
language : en
Publisher: Oxford University Press
Release Date : 2015-04-15
Contract As Promise written by Charles Fried and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-15 with Law categories.
Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.
Promises On Prior Obligations At Common Law
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Author : Kevin M. Teeven
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1998-08-27
Promises On Prior Obligations At Common Law written by Kevin M. Teeven and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-08-27 with Law categories.
An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.
From Promise To Contract
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Author : Dori Kimel
language : en
Publisher: Hart Publishing
Release Date : 2003-03-14
From Promise To Contract written by Dori Kimel and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-14 with Law categories.
The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.
Elements Of The Law Of Contracts
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Author : Edward Avery Harriman
language : en
Publisher:
Release Date : 1896
Elements Of The Law Of Contracts written by Edward Avery Harriman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1896 with Contracts categories.
The Enforceability Of Promises In European Contract Law
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Author : James Gordley
language : en
Publisher: Cambridge University Press
Release Date : 2001-07-12
The Enforceability Of Promises In European Contract Law written by James Gordley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-07-12 with Law categories.
Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
The Binding Force Of Promises
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Author : Earl W. Spurgin
language : en
Publisher:
Release Date : 1995
The Binding Force Of Promises written by Earl W. Spurgin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Ethics categories.
Promises And Contract Law
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Author : Martin Hogg
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-14
Promises And Contract Law written by Martin Hogg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-14 with Law categories.
Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.
Love S Promises
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Author : Martha M. Ertman
language : en
Publisher: Beacon Press
Release Date : 2016-05-24
Love S Promises written by Martha M. Ertman and has been published by Beacon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-24 with Family & Relationships categories.
Blends memoir and legal cases to show how contracts can create family relationships Most people think of love and contracts as strange bedfellows, or even opposites. In Love’s Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls “deals.” Family law should and often does recognize that variety because legal rules, like relationships, aren’t one size fits all. The most common form of family—which Ertman calls “Plan A”—come into being through different kinds of agreements than the more uncommon families that she dubs “Plan B.” Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different. After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people—straight and gay, married and single, related by adoption or by genetics—use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as “family” are legally recognized as family in the eyes of the law. Family exchanges can be substantial, like vows of fidelity, or small, like “I cook and you clean.” But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love’s Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.
Calculating Promises
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Author : Roy Kreitner
language : en
Publisher: Stanford University Press
Release Date : 2006-12-08
Calculating Promises written by Roy Kreitner and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-08 with Law categories.
This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.