Contract Law In Perspective

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Contract Law In Perspective
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Author : Linda Mulcahy
language : en
Publisher: Psychology Press
Release Date : 2004
Contract Law In Perspective written by Linda Mulcahy and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
This book approaches contract law from its social, political and economic context and by doing so aims to broaden understanding and appreciation of the subject at a level which is suitable for students. Legal and business perspectives are introduced, as are some sociological and economic ideas and influences.
Contract Law In Perspective
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Author : Linda Mulcahy
language : en
Publisher: Routledge
Release Date : 2008-08-18
Contract Law In Perspective written by Linda Mulcahy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-18 with Law categories.
Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.
Comparative Contract Law
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Author : Ermanno Calzolaio
language : en
Publisher: Routledge
Release Date : 2022-01-31
Comparative Contract Law written by Ermanno Calzolaio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Law categories.
National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.
Smart Contracts And Comparative Law
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Author : Andrea Stazi
language : en
Publisher: Springer
Release Date : 2022-12-09
Smart Contracts And Comparative Law written by Andrea Stazi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-09 with Law categories.
The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Justice In Transactions
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Author : Peter Benson
language : en
Publisher: Belknap Press
Release Date : 2019-12-17
Justice In Transactions written by Peter Benson and has been published by Belknap Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-17 with Law categories.
“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.
Commonwealth Caribbean Contract Law
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Author : Gilbert Kodilinye
language : en
Publisher: Routledge
Release Date : 2013-10-08
Commonwealth Caribbean Contract Law written by Gilbert Kodilinye and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-08 with Law categories.
The first textbook on Commonwealth Caribbean Contract law for undergraduate and sixth form students, Commonwealth Caribbean Contract Law is a new and unrivalled resource on the subject. This textbook utilises Caribbean Case Law and Statutory provisions to provide a clear and immersive path into the study of contract law from a Caribbean perspective. Encompassing topics that include misrepresentation, privity, and remedies, this book expertly introduces and explains the many aspects of contract law in the Caribbean. Written by a well-established textbook author and professor of law at Mona Campus, the textbook comprehensively covers all key principles of contractual obligations studied by undergraduate students, and is relevant to practitioners in a modern and accessible way. An invaluable reference, this book is essential reading for those with an academic or professional interest in contract law.
Contract Law
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Author : Jan M Smits
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-08-29
Contract Law written by Jan M Smits and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-29 with Law categories.
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. Unlike most other texts _ which tend either to introduce students to the national contrac
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo 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 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Contract Law
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Author : John Cartwright
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-02
Contract Law written by John Cartwright and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-02 with Law categories.
This book gives an introduction to the English law of contract. The third edition has been fully updated to cover recent developments in case law and recent statutes such as the Consumer Rights Act 2015. However, this new edition retains the primary focus of the earlier editions: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system - how a common lawyer reasons and finds the law - the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
The Emergence Of Eu Contract Law
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Author : Lucinda Miller
language : en
Publisher: Oxford University Press
Release Date : 2011-09-22
The Emergence Of Eu Contract Law written by Lucinda Miller 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 2011-09-22 with Law categories.
The emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.