Principle And Policy In Contract Law
DOWNLOAD
Download Principle And Policy In Contract Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Principle And Policy In Contract Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Principle And Policy In Contract Law
DOWNLOAD
Author : Stephen Waddams
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-18
Principle And Policy In Contract Law written by Stephen Waddams 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 2011-08-18 with Law categories.
Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
Principles Of Contract Law
DOWNLOAD
Author : Jeannie Marie Paterson
language : en
Publisher: Lawbook Company
Release Date : 2008-01-01
Principles Of Contract Law written by Jeannie Marie Paterson and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Contracts categories.
PRINCIPLES OF CONTRACT LAW, 3rd Edition remains a leading text for students of contract law. The new edition has been significantly revised in light of recent developments, particularly in relation to the nature of contract and misleading and deceptive conduct. Also included is further analysis of the issues in electronic contracts; examination of the new developments in the award of damages for rectification; and discussion of new case law on the prohibition of unfair contract terms. PRINCIPLES OF CONTRACT LAW, 3rd Edition, together with its companion text, CONTRACT: CASES AND MATERIALS, 11th Edition present a truly Australian perspective and are an indispensable resource for students of contract law. Appendix: The Trade Practices Act 1974 (Cth).
Principle And Policy In Contract Law
DOWNLOAD
Author : S. M. Waddams
language : en
Publisher:
Release Date : 2011
Principle And Policy In Contract Law written by S. M. Waddams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Contracts categories.
"Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other"--
Contract Law
DOWNLOAD
Author : Andrew Stewart
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-21
Contract Law written by Andrew Stewart 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 2019-06-21 with Law categories.
Provides a fresh, topical and accessible account of the Australian law of contract.
Chinese Contract Law
DOWNLOAD
Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo 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 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Principles Of The Law Of Contract In Malaysia
DOWNLOAD
Author : Ahmad S. A. Alsagoff (Syed.)
language : en
Publisher:
Release Date : 2015
Principles Of The Law Of Contract In Malaysia written by Ahmad S. A. Alsagoff (Syed.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Contracts categories.
Foundational Principles Of Contract Law
DOWNLOAD
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.
Force Majeure And Hardship Under General Contract Principles
DOWNLOAD
Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Force Majeure And Hardship Under General Contract Principles written by Christoph Brunner and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Justice In Transactions
DOWNLOAD
Author : Peter Benson
language : en
Publisher: Belknap Press
Release Date : 2019-12-17
Justice In Transactions written by Peter Benson and has been published by Belknap Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-17 with Law categories.
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Principles Of Contract Law And Theory
DOWNLOAD
Author : Larry D. DiMatteo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
Principles Of Contract Law And Theory written by Larry D. DiMatteo 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 2023-12-11 with Law categories.
This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.