The Doctrine Of Public Policy In The Law Of Contracts
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The State And Freedom Of Contract
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Author :
language : en
Publisher: Stanford University Press
Release Date : 1998-09
The State And Freedom Of Contract written by and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-09 with categories.
The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Illegality And Public Policy
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Author : R. A. Buckley
language : en
Publisher:
Release Date : 2009
Illegality And Public Policy written by R. A. Buckley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Contracts categories.
The law relating to illegality of contract is of considerable importance. This text examines the area, covering all situations where a contract cannot be enforced because to do so would result either in an illegal act or be against public policy.
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.
Contents Of Contracts And Unfair Terms
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press
Release Date : 2020-11-30
Contents Of Contracts And Unfair Terms written by Mindy Chen-Wishart 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 2020-11-30 with Law categories.
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
The Doctrine Of Public Policy In The Law Of Contracts
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Author : Elisha Greenhood
language : en
Publisher:
Release Date : 1886
The Doctrine Of Public Policy In The Law Of Contracts written by Elisha Greenhood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with Administrative law categories.
The Fall And Rise Of Freedom Of Contract
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Author : F. H. Buckley
language : en
Publisher: Duke University Press
Release Date : 1999-08-27
The Fall And Rise Of Freedom Of Contract written by F. H. Buckley and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-27 with Law categories.
Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock
Equitable Law Of Contracts
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Author : Larry DiMatteo
language : en
Publisher: BRILL
Release Date : 2021-10-25
Equitable Law Of Contracts written by Larry DiMatteo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times. In support of his thesis Professor DiMatteo plumbs the deepest currents of common law and civil law practice in every age, showing how the principles of justice formulated by Aristotle, Augustine, Aquinas, Kant, Hegel, Weber, and other influential thinkers have become manifest in such underlying equitable contract principles as "just price," unconscionability, and reasonableness. A classroom adoption price is available. Published under the Transnational Publishers imprint.
Chinese Contract Law
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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.
International Dispute Resolution And The Public Policy Exception
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Author : Farshad Ghodoosi
language : en
Publisher: Routledge
Release Date : 2016-06-10
International Dispute Resolution And The Public Policy Exception written by Farshad Ghodoosi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-10 with Law categories.
Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
The Law Of Contract 1670 1870
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Author : Warren Swain
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-12
The Law Of Contract 1670 1870 written by Warren Swain 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 2015-02-12 with Law categories.
This book considers the development of contract law doctrine in England from 1670 to 1870.