Rethinking Contract Law And Contract Design
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Rethinking Contract Law And Contract Design
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Author : Victor P. Goldberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-02-27
Rethinking Contract Law And Contract Design written by Victor P. Goldberg 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 2015-02-27 with Law categories.
Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Rethinking The Law Of Contract Damages
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Author : Victor P. Goldberg
language : en
Publisher:
Release Date : 2019
Rethinking The Law Of Contract Damages written by Victor P. Goldberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Breach of contract categories.
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.
Revisiting The Contracts Scholarship Of Stewart Macaulay
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Author : Jean Braucher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-14
Revisiting The Contracts Scholarship Of Stewart Macaulay written by Jean Braucher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-14 with Law categories.
This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.
Rethinking The Law Of Contract Damages
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Author : Victor P. Goldberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Rethinking The Law Of Contract Damages written by Victor P. Goldberg 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 2019-12-27 with Law categories.
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Research Handbook On Contract Design
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Author : Corrales Compagnucci, Marcelo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-05-03
Research Handbook On Contract Design written by Corrales Compagnucci, Marcelo 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 2022-05-03 with Law categories.
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
The Choice Theory Of Contracts
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Author : Hanoch Dagan
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-17
The Choice Theory Of Contracts written by Hanoch Dagan 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 2017-04-17 with Law categories.
The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Contract Law
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Author : Jan M. Smits
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-06-30
Contract Law written by Jan M. Smits 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 2017-06-30 with Contracts categories.
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.
Framing Contract Law
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Author : Victor Goldberg
language : en
Publisher: Harvard University Press
Release Date : 2012-03-05
Framing Contract Law written by Victor Goldberg and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-05 with Law categories.
The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Rethinking Legal Reasoning
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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
Rethinking Legal Reasoning written by Geoffrey Samuel 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 2018-08-31 with Law categories.
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Rethinking Law And Language
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Author : Jan M. Broekman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Rethinking Law And Language written by Jan M. Broekman 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.
The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.