Contract Law Without Foundations

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Contract Law Without Foundations
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Author : Prince Saprai
language : en
Publisher: Oxford University Press
Release Date : 2019-02-21
Contract Law Without Foundations written by Prince Saprai 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 2019-02-21 with Law categories.
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Foundations Of Contract Law
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Author : Richard Craswell
language : en
Publisher:
Release Date : 1994
Foundations Of Contract Law written by Richard Craswell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Contracts categories.
These essays have been specifically selected to further students' understanding of the basics of contract law, and they cover a wide range of topics. The text serves as an excellent facilitator for thought-provoking classroom discussions. Topics include contract formation, remedies for breach, and defenses.
Law Of Contract
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Author : Paul Richards
language : en
Publisher:
Release Date : 2002
Law Of Contract written by Paul Richards and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This title sets out the principles of the law of contract with reference to the leading cases. Each chapter contains details of recommended further reading including cases and articles. A companion website allows students to keep up to date with developments.
Reasonableness And Responsibility A Theory Of Contract Law
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Author : Martín Hevia
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-12
Reasonableness And Responsibility A Theory Of Contract Law written by Martín Hevia 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 2012-09-12 with Law categories.
If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.
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.
Ca Foundation Paper Ii Business Laws
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Author : Mr. Rohit Manglik
language : en
Publisher: EduGorilla Publication
Release Date : 2024-03-24
Ca Foundation Paper Ii Business Laws written by Mr. Rohit Manglik and has been published by EduGorilla Publication this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-24 with Business & Economics categories.
Key business laws, including contracts and company regulations. Focuses on legal frameworks for business operations, equipping students for compliance and CA Foundation law exams.
Contract Law
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Author : Ewan McKendrick
language : en
Publisher: Oxford University Press
Release Date : 2024-05-17
Contract Law written by Ewan McKendrick 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 2024-05-17 with Law categories.
The market-leading stand-alone guide to contract law from a renowned lawyer; authoritative, comprehensive, and supportive. Comprising a unique balance of 60% text to 40% cases and materials, Contract Law: Text, Cases, and Materials combines the best features of a textbook with those of a traditional casebook. This unique balance shows students the law at work, aiding then in gaining a thorough understanding of contract law.KeyFeatures:- Combines author text with extracts from cases and materials; can be used as a stand-alone text on contract law- Written by an experienced author and leading authority in the field,renowned for his eloquent and accessible writing style - Extensive referencing throughout the book supports students as they undertake independent research - Complemented by online resources with extra material on illegality and incapacity, updates, multiple choice questions and web links New to this edition:- Coverage of, and commentary upon, the decision of the Supreme Court in Guest v Guest - Coverage of, andcommentary upon, the decision of the Supreme Court in Barton v Morris - Coverage of, and commentary upon, the decision of the Supreme Court in The Law Debenture Trust Corporation plc v Ukraine -Coverage of, and commentary upon, the decision of the Privy Council in Nature Resorts Ltd v First Citizens Bank Ltd - Coverage of, and commentary upon, the decision of the Court of Appeal in Re Compound Photonics Group Ltd Digital formats and resources: The eleventh edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access alongwith accompanying online resources, functionality tools, navigation features, and links that offer extra learning support.For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks
Philosophical Foundations Of Private International Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-06-06
Philosophical Foundations Of Private International Law written by 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 2024-06-06 with Law categories.
Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature. The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.
Foundations Of Indian Contract Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-08-29
Foundations Of Indian Contract Law written by 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 2024-08-29 with Law categories.
This new volume analyses the central doctrines and concepts of Indian contract law and provides guidance on the interpretation of the Indian Contract Act 1872 by examining its historical, philosophical, and comparative foundations. Featuring contributions from practitioners and academics from around the world, the book follows a methodology carefully calibrated to address the shortcomings in traditional Indian contract law scholarship. The primary presuppositions of this methodology are that: (a) the answers to many difficult questions of Indian contract law can be found in the history of the Contract Act; and (b) while it is difficult to understand the Contract Act other than against the backdrop of the common law, one should not assume that Indian contract law mirrors the common law on all difficult points. Each chapter therefore pays close attention to the legislative history of the relevant provision(s) of the Contract Act. Based on a holistic analysis of the Contract Act's drafting history and its current interpretation, Foundations of Indian Contract Law is a carefully crafted volume providing the input needed to influence the Indian courts' approach to contract law, inform meaningful legislative reform, and, more broadly, catalyse a culture of critical scholarship on Indian private law. Formed of 24 chapters and a conclusion by Professor Hugh Beale (former Commercial Law and Common Law Commissioner at the Law Commission of England and Wales), the volume presents an authoritative exposition of a branch of the law that is of considerable interest and great practical importance for practitioners, scholars, and students interested in Indian contract law.
Justifying Contract In Europe
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Author : Martijn Willem Hesselink
language : en
Publisher: Oxford University Press
Release Date : 2021
Justifying Contract In Europe written by Martijn Willem Hesselink 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 2021 with Law categories.
This title uses contemporary political theories to address fundamental questions on European contract law. It also places these theories in the context of the current European contract law landscape. This book highlights future options for contract law in the EU, and how it may need to change.