Contract As Assumption
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Contract As Assumption
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Author : Brian Coote
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-04-02
Contract As Assumption written by Brian Coote and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-02 with Law categories.
It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
Contract As Assumption Ii
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Author : Brian Coote
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-21
Contract As Assumption Ii written by Brian Coote and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.
This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, “Contract – an Underview”. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.
Contract As Assumption Ii
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Author : Brian Coote
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-21
Contract As Assumption Ii written by Brian Coote and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.
This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, 'Contract: An Underview'. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.
Theory Of Administrative Contract
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Author : Shi Jianhui (施建辉)
language : en
Publisher: Bouden House
Release Date : 2024-08-24
Theory Of Administrative Contract written by Shi Jianhui (施建辉) and has been published by Bouden House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-24 with Business & Economics categories.
Contract is not only a spirit and a concept, but also a system and a method. As a spirit and a concept, it is very inclusive; as a system and a method, it is very practical. Contract is a theory with a long history and fruitful practice. The reform of administrative law starts with the contract. The author is honored to be one of the first scholars in mainland China to introduce the concept and basic system of civil contracts into administrative law. Although mainland China has not yet established the legality of administrative contracts through the legislative method of administrative procedure law, the research and promotion of a group of scholars in mainland China, including the author, mainland China revised the Administrative Litigation Law at the 11th meeting of the Standing Committee of the 12th National People's Congress in 2014, and for the first time included administrative agreement disputes in the scope of administrative litigation. The Supreme People's Court Trial Committee also passed the judicial interpretation of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases" at the 1,781st meeting on November 12, 2019, which came into effect on January 1, 2020. The great progress of administrative contracts in administrative justice is inseparable from the efforts of the first batch of administrative contract pioneers in mainland China, including the author! It is also a great affirmation and praise, for which the author is deeply gratified!
An Outline Of Law And Procedure In Representation Cases
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Author :
language : en
Publisher:
Release Date : 1974
An Outline Of Law And Procedure In Representation Cases written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Labor laws and legislation categories.
Contract As Promise
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Author : Charles Fried
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Contract As Promise written by Charles Fried and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
'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
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Author : Hugh Beale
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-11-09
Contract Law written by Hugh Beale and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-09 with Law categories.
This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.
An Outline Of Law And Procedure In Representation Cases
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Author : United States. National Labor Relations Board. Office of the General Counsel
language : en
Publisher:
Release Date : 1995
An Outline Of Law And Procedure In Representation Cases written by United States. National Labor Relations Board. Office of the General Counsel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
Armed Services Procurement Regulation
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Author : United States. Office of the Assistant Secretary of Defense (Installations and Logistics)
language : en
Publisher:
Release Date : 1963
Armed Services Procurement Regulation written by United States. Office of the Assistant Secretary of Defense (Installations and Logistics) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Defense contracts categories.
Jc Smith S The Law Of Contract
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Author : Paul S. Davies
language : en
Publisher: Oxford University Press
Release Date : 2018
Jc Smith S The Law Of Contract written by Paul S. Davies 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 2018 with Law categories.
JC Smith's The Law of Contract is a classic text revised with the needs of modern students in mind. With a strong focus on helping students understand and apply case law, the book guides the reader through the intricacies of contract law in an accessible way.