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.
Philosophical Foundations Of Contract Law
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Author : George Letsas
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Philosophical Foundations Of Contract Law written by George Letsas 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 2014 with Law categories.
The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
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.
Foundations Of Contract Law
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Author : CRASWELL
language : en
Publisher:
Release Date : 1994-01-01
Foundations Of Contract Law written by CRASWELL and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 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"--
The Dignity Of Commerce
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Author : Nathan B. Oman
language : en
Publisher: University of Chicago Press
Release Date : 2017-01-19
The Dignity Of Commerce written by Nathan B. Oman and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-19 with Law categories.
Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.
Foundations Of Private Law
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Author : James Gordley
language : en
Publisher: OUP Oxford
Release Date : 2006-01-05
Foundations Of Private Law written by James Gordley and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-05 with Law categories.
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
The Foundations Of Legal Liability History And Theory Of English Contract Law
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Author : Thomas Atkins Street
language : en
Publisher:
Release Date : 1980
The Foundations Of Legal Liability History And Theory Of English Contract Law written by Thomas Atkins Street and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Actions and defenses categories.
This multi-volume treatise from 1906 discusses the historical development of legal liability based on contractual relations. The work provides a general introduction to the law of actions with a detailed examination of several individual forms.
Foundations Of Contract Law In Hong Kong
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Author : Stephen Hall
language : en
Publisher:
Release Date : 2021
Foundations Of Contract Law In Hong Kong written by Stephen Hall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Contracts categories.