Foundations Of American Contract Law
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Foundations Of American Contract Law
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Author : James Gordley
language : en
Publisher: Oxford University Press
Release Date : 2023
Foundations Of American Contract Law written by James Gordley 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 2023 with Law 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"--
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"--
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.
Fundamentals Of American Law
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Author : New York University. School of Law
language : en
Publisher:
Release Date : 1996
Fundamentals Of American Law written by New York University. School of Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.
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 Public Contracts
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Author : Giacomuzzi, José G.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-05-06
Foundations Of Public Contracts written by Giacomuzzi, José G. 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 2022-05-06 with Law categories.
This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.
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.
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.
Contract Law Without Foundations
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Author : Prince Saprai
language : en
Publisher: Oxford University Press
Release Date : 2019-02-28
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 2019-02-28 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.
The Constitutional Foundations Of European Contract Law
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Author : Kathleen Gutman
language : en
Publisher: Oxford University Press
Release Date : 2014-03
The Constitutional Foundations Of European Contract Law written by Kathleen Gutman 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 2014-03 with Law categories.
Based on the author's thesis (Ph.D.)--University of Leuven, 2010.