Contract Law Minimalism
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Contract Law Minimalism
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Author : Jonathan Morgan
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Contract Law Minimalism written by Jonathan Morgan 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 2013-11-07 with Law categories.
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.
Contract Law Minimalism
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Author : Jonathan Edward Morgan
language : en
Publisher:
Release Date : 2013
Contract Law Minimalism written by Jonathan Edward Morgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Commercial law categories.
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.
Contract Law Minimalism
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Author : Jonathan Edward Morgan
language : en
Publisher:
Release Date : 2013
Contract Law Minimalism written by Jonathan Edward Morgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with LAW categories.
Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.
Vanishing Contract Law
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Author : Catherine Mitchell
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-01
Vanishing Contract Law written by Catherine Mitchell 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 2022-09-01 with Law categories.
English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
Welfarism In Contract Law
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Author : Roger Brownsword
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1994
Welfarism In Contract Law written by Roger Brownsword and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Aftaleret categories.
The law of contract increasingly takes account of welfarist considerations (the need to protect vulnerable parties, for example). This book, focusing on English and Finnish law, analyzes the coherence of welfarist ideals and explores seminal ideas of procedural and substantive fairness.
Contract Law
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Author : Brian Bix
language : en
Publisher: Cambridge University Press
Release Date : 2012-10-15
Contract Law written by Brian Bix 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 2012-10-15 with Law categories.
This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.
Powell Smith And Furmston S Building Contract Casebook
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Author : Michael Furmston
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-15
Powell Smith And Furmston S Building Contract Casebook written by Michael Furmston and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-15 with Law categories.
This well established reference book brings together leading cases on building contracts to illustrate legal principles. It provides a statement of the principle established, a summary of the facts and the decision and, for most cases, a verbatim extract of the judgment. The latest edition includes a number of new cases since the last edition was published in 1999.
The Richness Of Contract Law
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Author : R.A. Hillman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Richness Of Contract Law written by R.A. Hillman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.
Contract Law
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-04-12
Contract Law written by Mindy Chen-Wishart 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 2012-04-12 with Law categories.
This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.
West Virginia Law Review
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Author :
language : en
Publisher:
Release Date : 2014
West Virginia Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.