Reasonableness And Responsibility A Theory Of Contract Law
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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.
Policyholder S Reasonable Expectations
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Author : Yong Qiang Han
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-03
Policyholder S Reasonable Expectations written by Yong Qiang Han and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.
Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law 'doctrine' of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder's reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.
Contract Law And Social Morality
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Author : Peter M. Gerhart
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Contract Law And Social Morality written by Peter M. Gerhart 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 2021-02-18 with Law categories.
A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.
Reasonableness And Risk
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Author : Gregory C. Keating
language : en
Publisher: Oxford University Press
Release Date : 2022
Reasonableness And Risk written by Gregory C. Keating 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 2022 with Law categories.
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. This book argues that tort law addresses a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility.
Research Handbook On Maritime Law And Regulation
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Author : Jason Chuah
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On Maritime Law And Regulation written by Jason Chuah 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 2019 with Law categories.
There have been important developments in commercial practice, technology, shipping infrastructure and sustainability policies in recent times. This Research Handbook examines the major themes surrounding the thinking and studies of maritime law and practice. The stellar panel of contributors take a diverse range of approaches to identify any emerging theoretical and conceptual perspectives in law on what is essentially a fast paced sector of the global economy.
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.
Poole S Textbook On Contract Law
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Author : Robert Merkin
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Poole S Textbook On Contract Law written by Robert Merkin 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 2019 with Law categories.
The fourteenth edition of this established and popular text provides a clear and commercially-focused exposition of contract law. Case-driven content and succinct explanations are combined with summaries, questions, and examples to allow students to gain a sound understanding of the theory and application of contract law principles.
Corporate Social Responsibility Private Law And Global Supply Chains
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Author : Andreas Rühmkorf
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-07-31
Corporate Social Responsibility Private Law And Global Supply Chains written by Andreas Rühmkorf 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 2015-07-31 with Law categories.
Current debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business.
Home Equity And Ageing Owners
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Author : Lorna Fox O'Mahony
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-01-06
Home Equity And Ageing Owners written by Lorna Fox O'Mahony and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-06 with Law categories.
The growing use of housing equity to support a range of activities and needs raises complex issues, particularly for older owners. In an environment in which older owners are pushed towards housing equity transactions to meet income and welfare costs, they are required to make choices from a complex and sometimes bewildering range of options. The transactions which facilitate the use of home equity as a resource to spend in later life - from 'trading down' and 'ordinary' secured and unsecured debt to targeted products including reverse/lifetime mortgages, home reversion plans and sale-and-rentback agreements - raise important legal and regulatory issues. This book provides a contextual analysis of the financial transactions that older people enter into using their housing equity. It traces the protections afforded to older owners through the 'ordinary' law of property and contract, as well as the development of specific regulatory protections focused on targeted products. The book employs the notion of risk to highlight the nature and causes of the 'situational' vulnerabilities to which older people are now subject as 'consumers' of housing equity, showing that the older owner's personal situation is crucial in determining whether and why they may seek to release equity, the options and products available to them, and the impact of harms resulting from adverse transactions. The book critically evaluates the extent to which this context is incorporated in the legal frameworks through which these transactions are governed, as a measure of the 'appropriateness' of existing legal provision, as well as considering the arguments surrounding 'special protection' for older owners in housing equity transactions.
International Contracting Law And Practice
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Author : Larry A. DiMatteo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-10-25
International Contracting Law And Practice written by Larry A. DiMatteo 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 2016-10-25 with Law categories.
For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.