Principles Of Contract Law And Theory

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Principles Of Contract Law And Theory

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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.

Principles Of Contract Law And Theory

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Author : Larry A Dimatteo
language : en
Publisher:
Release Date : 2024-11-28

Principles Of Contract Law And Theory written by Larry A Dimatteo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-28 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. There is a strong commonality across Anglo-American common law systems; however, there have been several critical fissures that have developed between American and English common law over the past fifty years. DiMatteo adopts a multidisciplinary approach, lucidly explaining these differences from both a theoretical and a practical perspective, using empirical evidence from case studies to support this research. The areas of divergence discussed include the duty of good faith, principle of unconscionability, promissory estoppel, contextual interpretation, and hardship. Introducing key contract law cases, this book will be an essential read for law students and scholars working in the field of commercial law, particularly those with an interest in the theoretical framework and historical context of modern contract law.

The Theory Of Contract Law

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Author : Peter Benson
language : en
Publisher: Cambridge University Press
Release Date : 2001-02-05

The Theory Of Contract Law written by Peter Benson 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 2001-02-05 with Law categories.

Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.

Principle And Policy In Contract Law

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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.

Chinese Contract Law Theory Practice Second Edition

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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2019-12-16

Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.

Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.

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.

The New Palgrave Dictionary Of Economics And The Law

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Author : Peter Newman
language : en
Publisher: Springer
Release Date : 2016-04-30

The New Palgrave Dictionary Of Economics And The Law written by Peter Newman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with History categories.

A great deal of economics is about law - the functioning of markets, property rights and their enforcement, financial obligations, and so forth - yet these legal aspects are almost never addressed in the academic study of economics. Conversely, the study and practice of law entails a significant understanding of economics, yet the drafting and administration of laws often ignore economic principle. The New Palgrave Dictionary of Economics and the Law is uniquely placed by the quality, breadth and depth of its coverage to address this need for building bridges. Drawn from the ranks of academics, professional lawyers, and economists in eight countries, the 340 contributors include world experts in their fields. Among them are Nobel laureates in economics and eminent legal scholars. First published in 1998 and now available in paperback for the first time, The New Palgrave Dictionary of Economics and the Law has established itself as a classic reference work in this important field.

Reasonableness And Responsibility A Theory Of Contract Law

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Author : Martín Hevia
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14

Reasonableness And Responsibility A Theory Of Contract Law written by Martín Hevia and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-14 with Law categories.

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

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.

Methodology In Private Law Theory

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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-01-02

Methodology In Private Law Theory 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 2024-01-02 with Law categories.

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.