Implicit Dimensions Of Contract
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Implicit Dimensions Of Contract
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Author : David Campbell
language : en
Publisher:
Release Date : 2003
Implicit Dimensions Of Contract written by David Campbell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Contracts categories.
This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts.
Interpretation Of Contracts
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Author : Catherine Mitchell
language : en
Publisher: Routledge
Release Date : 2007-06-11
Interpretation Of Contracts written by Catherine Mitchell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-11 with Law categories.
In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.
Contract And Regulation
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Author : Roger Brownsword
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Contract And Regulation written by Roger Brownsword 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 2017-09-29 with Law categories.
Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
Contract Law In Perspective
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Author : Linda Mulcahy
language : en
Publisher: Routledge
Release Date : 2008-08-18
Contract Law In Perspective written by Linda Mulcahy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-18 with Law categories.
Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.
Comparative Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Oxford University Press
Release Date : 2016
Comparative Contract Law written by Larry A. DiMatteo 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 2016 with Law categories.
Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.
Contract Law And Contract Practice
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Author : Catherine E Mitchell
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Contract Law And Contract Practice written by Catherine E Mitchell and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
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.
Unconscionability In European Private Financial Transactions
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Author : Mel Kenny
language : en
Publisher: Cambridge University Press
Release Date : 2010-06-24
Unconscionability In European Private Financial Transactions written by Mel Kenny 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 2010-06-24 with Law categories.
Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.
The Role Of Fraternity In Law
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Author : Adriana Cosseddu
language : en
Publisher: Routledge
Release Date : 2021-12-05
The Role Of Fraternity In Law written by Adriana Cosseddu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-05 with Law categories.
This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.
Good Faith And Relational Contracts
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Author : Anthony Gray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-10-31
Good Faith And Relational Contracts written by Anthony Gray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-31 with Law categories.
This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.