Contract Law As Fairness
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Contract Law As Fairness
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Author : Josse Gerard Klijnsma
language : en
Publisher:
Release Date : 2014
Contract Law As Fairness written by Josse Gerard Klijnsma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Contracts categories.
Aspects Of Fairness In Contract
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Author : Chris Willett
language : en
Publisher: Blackstone Press
Release Date : 1996
Aspects Of Fairness In Contract written by Chris Willett and has been published by Blackstone Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
This collection of essays was developed from a conference on Fairness in Contract Law which was held at the University of Warwick in May 1994. It will contribute to the ongoing discussion and debate as to the role of fairness in contract law. The book includes chapters on the recent Unfair Terms in Consumer Regulations 1994; quality obligations and remedies in contracts for the sale of goods; liabilities of manufacturers and subcontractors to consumers and employers respectively; agreed remedies and corporate contracts. It will be useful to both academics and students studying contract, consumer and commercial law.
Sanctity Of Contracts In A Secular Age
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Author : Stephen Waddams
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-21
Sanctity Of Contracts In A Secular Age written by Stephen Waddams 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 2019-03-21 with Law categories.
Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.
Fairness In Consumer Contracts
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Author : Chris Willett
language : en
Publisher: Routledge
Release Date : 2016-12-05
Fairness In Consumer Contracts written by Chris Willett and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
International Standard Contracts
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Author : Antonio Boggiano
language : en
Publisher: Springer
Release Date : 1991
International Standard Contracts written by Antonio Boggiano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
International Standard Contracts
Defending Substantive Fairness In Contract Law
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Author : Prince Saprai
language : en
Publisher:
Release Date : 2009
Defending Substantive Fairness In Contract Law written by Prince Saprai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Foundations Of American Contract Law
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Author : James Gordley
language : en
Publisher:
Release Date : 2023
Foundations Of American Contract Law written by James Gordley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Contracts categories.
"This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--
Fairness Versus Welfare
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Author : Louis Kaplow
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Fairness Versus Welfare written by Louis Kaplow and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Philosophy categories.
By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.
The Constitutional Dimension Of Contract Law
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer
Release Date : 2017-04-06
The Constitutional Dimension Of Contract Law written by Luca Siliquini-Cinelli and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.
One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.
Information Rights And Obligations
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Author : André Janssen
language : en
Publisher: Routledge
Release Date : 2017-03-02
Information Rights And Obligations written by André Janssen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.