Foundational Principles Of Contract Law
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Foundational Principles Of Contract Law
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Author : Melvin A. Eisenberg
language : en
Publisher: Oxford University Press
Release Date : 2018-09-20
Foundational Principles Of Contract Law written by Melvin A. Eisenberg 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 2018-09-20 with Law categories.
Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.
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.
Discharge Of Contractual Obligations
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Author : Jordan English
language : en
Publisher: Oxford University Press
Release Date : 2025-03-23
Discharge Of Contractual Obligations written by Jordan English 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 2025-03-23 with Law categories.
Challenging orthodox understandings within modern contract law, Discharge of Contractual Obligations provides an innovative doctrinal, historical, and theoretical account of the discharge of contractual obligations. This book delves into a fundamental question: under what circumstances are parties released from their contractual duties for reasons other than performance of those duties? By re-examining cases of breach, frustration, and common mistake — three key doctrines in modern English contract law — this monograph demonstrates how these disparate areas of contract law are in fact instances of the discharge of contractual obligations due to a failure of condition. Championing the once-dominant 'failure of condition' model in English law, a straightforward yet groundbreaking explanation for discharge is proposed: ordinarily, parties do not promise to perform 'no matter what,' but instead make promises that depend on various explicit and implicit conditions. Across ten comprehensive chapters, English explores the theoretical and practical implications of the modern shift to the 'power to terminate' model. Recognising that a wholesale return to the failure of condition model is improbable, the book charts a pragmatic course, illustrating how several practical issues - such as whether a party in breach can terminate due to the other party's breach - are effectively rectified by revitalising this forgotten approach. Written by a leading academic whose contributions to private law have been referenced by courts throughout the Commonwealth - such as the England and Wales High Court (Commercial Court) and the High Court of Australia - this is an essential text for scholars and practitioners of contract law.
English Law The Legal Profession And Colonialism
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Author : Cerian Griffiths
language : en
Publisher: Taylor & Francis
Release Date : 2023-11-22
English Law The Legal Profession And Colonialism written by Cerian Griffiths and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-22 with Law categories.
Modern legal history is increasingly interested in exploring the development of legal systems from novel and nuanced approaches. This edited collection harnesses the lesser-researched perspectives of the impact of global and imperial factors on the development of law. It is argued that to better understand these timely discussions, we must understand the process and significance of colonisation itself. The volume brings together experts in the field of law and history to explore the ways in which law and lawyers contributed to the expansion of the British Empire, and the ways in which the Empire influenced the Metropole. The book sheds new light on the role of the law and legal actors during the pivotal centuries that saw the establishment of the Empire. Exploring such topics as Atlantic relations, the impact of British jurists upon Indian law, and the development of the law settler colonies, this collection reveals some of the lesser-known intersections between law, history, and empire. The book will be of interest to students and researchers in legal history, comparative history, equity and trusts, contract law, the legal profession, slavery, and the British Empire.
University Of Chicago Law Review Volume 81 Number 4 Fall 2014
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Author : University of Chicago Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2014-12-17
University Of Chicago Law Review Volume 81 Number 4 Fall 2014 written by University of Chicago Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-17 with Law categories.
The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
Research Handbook On The Philosophy Of Contract Law
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Author : Mindy Chen-Wishart
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-04-09
Research Handbook On The Philosophy Of Contract Law written by Mindy Chen-Wishart 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 2025-04-09 with Law categories.
With contributions from experts in the field, this comprehensive Research Handbook provides a systematic overview of debates at the cutting edge of the philosophy of contract law. Chapters explore key themes such as the limits of freedom of contract; debates about monistic and pluralistic theories of contract law; and the philosophical challenges associated with resolving hard cases.
Internationalization Of Consumer Law
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Author : Mateja Durovic
language : en
Publisher: Springer
Release Date : 2016-11-11
Internationalization Of Consumer Law written by Mateja Durovic and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Political Science categories.
This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.
Dalhuisen On Transnational And Comparative Commercial Financial And Trade Law Volume 3
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Author : Jan H Dalhuisen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-21
Dalhuisen On Transnational And Comparative Commercial Financial And Trade Law Volume 3 written by Jan H Dalhuisen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
“It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious... likely to become a classic text in its field.” (American Journal of Comparative Law) Volume 3 of this new edition deals with the transnationalisation of contract law. It compares common law and civil law concepts, noting the origin of the one in commercial law and of the other in consumer law, and identifies the different attitudes to protection, risk management, and risk distribution. The volume also explores future directions in international commerce and finance, as well as the potential, effects, and challenges of e-commerce, the blockchain, and the emergence of the smart contract. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Introduction To Contract Law In India
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Author : Siva Prasad Bose
language : en
Publisher: Siva Prasad Bose
Release Date : 2022-05-21
Introduction To Contract Law In India written by Siva Prasad Bose and has been published by Siva Prasad Bose this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-21 with Law categories.
Contracts are the foundation of commerce and everyday transactions—whether you're buying a home, signing a job offer, or even shopping online. Contract Law is a vital branch of legal study that governs these agreements and ensures accountability, fairness, and enforceability in our interactions. This book offers a clear and concise introduction to contract law, tailored especially for Indian readers. It begins by exploring what contracts are and why they matter, followed by a brief history of contract law both globally and in India. Key legislations such as the Indian Contract Act, 1872 and the Sale of Goods Act, 1930 are covered in a simplified and practical manner. Readers will learn about: The essential elements of a valid contract: offer, acceptance, consideration, and consent Grounds that render a contract void, voidable, or unenforceable Concepts like fraud, coercion, undue influence, and misrepresentation Special types of contracts, including quasi-contracts and warranties Modern issues like digital contracts, online commerce, and consumer protection Useful contract templates and a glossary of legal terms Written in a straightforward style with real-life examples and case laws, this book is ideal for students, professionals, entrepreneurs, and anyone looking to understand the basics of contract law in India. It aims to empower readers with legal awareness and practical knowledge to make informed decisions and safeguard their rights in contractual matters.