The Relational Theory Of Contract
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The Relational Theory Of Contract
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Author : Ian R. Macneil
language : en
Publisher:
Release Date : 2001
The Relational Theory Of Contract written by Ian R. Macneil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This is an abridged collection of writings by Ian Macneil, one of the foremost academics in the field of contract law, on the relational theory of contract. It brings together a number of important works that can be difficult to obtain.
Contract Law And Contract Practice
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Author : Catherine E Mitchell
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Contract Law And Contract Practice written by Catherine E Mitchell and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Contracting In The New Economy
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Author : David Frydlinger
language : en
Publisher: Springer Nature
Release Date : 2021-05-24
Contracting In The New Economy written by David Frydlinger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-24 with Business & Economics categories.
Today’s business environment is constantly evolving, filled with volatility, uncertainty, complexity and ambiguity and driven by digital transformation, globalization, and the need to creating value through innovation. These shifts demand that organizations view contracting through a different lens. Since it is impossible to predict every what-if scenario in a transactional contract, organizations in strategic and complex partnerships must shift to a mindset of shared goals and objectives built upon a strong foundation of transparency and trust, working together to mitigate risk much better than merely shifting risk to the weaker party. Contracting in the New Economy helps you to not only develop this mindset – but also offers the practical tools needed to embrace the social side of contracting, enabling your organization to harness the value creating potential of formal relational contracts. Briefly sharing the theoretical foundations that prove relational contracting works, it goes well beyond theory by providing powerful examples of relational contracting principles in practice. In addition, the authors provide a practical and proven approach for helping you to put relational contracting theory into practice for your own relationships. First by providing a framework for approaching any contracting situation and helping organizations finding the best contract model for each situation. And then by sharing five proven steps you can take to create an effective relational contract for you own strategic and complex business relationships. For anyone involved in developing contracts —lawyers, in-house counsels, contract managers, C-level managers, procurement officers, and so on — this book will empower you to create powerful cooperative alliances that will help you reach —and surpass — your business goals in today’s dynamic new environment.
The Relational Theory Of Contract
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Author : Ian R. MacNeil
language : en
Publisher:
Release Date : 2001
The Relational Theory Of Contract written by Ian R. MacNeil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
A Relational Theory Of World Politics
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Author : Yaqing Qin
language : en
Publisher:
Release Date : 2018-04-05
A Relational Theory Of World Politics written by Yaqing Qin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-05 with Philosophy categories.
A reinterpretation of world politics drawing on Chinese cultural and philosophical traditions to argue for a focus on relations amongst actors, rather than on the actors individually.
The Choice Of Paradigm For Theory Of Contract
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Author : Dori Kimel
language : en
Publisher:
Release Date : 2010
The Choice Of Paradigm For Theory Of Contract written by Dori Kimel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The article comments on the supposed need for a paradigm for the theory of contract, primarily by way of engaging with the most prominent source of late of calls for a paradigm shift in contract theory, the relational theory of contract. The article distinguishes between an empirical, a doctrinal-prescriptive and a theoretical analytical line of argument as offered by relational theory. With regard to the first line of argument, the article argues that the thought that contract law already is relationally constituted is informed by a misunderstanding of the available alternatives to relational theory. With regard to the second line of argument, the article argues that the incorporation of relational norms into the law, although occasionally desirable, is not the only way nor always the best way to sustain the relational contract, and explores the proposition that, at times, the law best supports valuable social practices by refraining from absorbing their constitutive norms. Finally, by way of drawing an analogy with a putative relational theory of promise, the article offers an objection to the thesis that the key to a sound theoretical grasp of the nature of contract and its social role lies in the adoption of the relational paradigm.
Complex Contracting
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Author : Trevor L. Brown
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-08
Complex Contracting written by Trevor L. Brown 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 2013-08-08 with Business & Economics categories.
Complex Contracting draws on core social science concepts to provide wide-ranging practical advice on how best to manage complex acquisitions. Using a strong analytical framework, the authors assess contract management practices, suggesting strategies for improvement and ways to avoid the pitfalls of managing contracts for large and sophisticated projects. An in-depth analysis of the US Coast Guard's Deepwater program is included to illustrate ways to respond to real-world contracting challenges. This high-profile and controversial case consisted of a projected 25-year, $24 billion contract through which the US Coast Guard would buy a system of new boats, aircraft, communications, and control architecture to replace its aging fleet. The authors explore the reasons why this program, launched with such promise, turned out so poorly, and apply the lessons learned to similarly complex contracting scenarios. This engaging and accessible book has broad applicability and will appeal to policymakers, practitioners, scholars and students.
Contract Law Minimalism
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Author : Jonathan Edward Morgan
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Contract Law Minimalism written by Jonathan Edward Morgan 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 2013-11-07 with Law categories.
Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.
Implicit Dimensions Of Contract
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Author : David Campbell
language : en
Publisher: Hart Publishing
Release Date : 2003-07-30
Implicit Dimensions Of Contract written by David Campbell and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-30 with Law categories.
This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements.
The New Social Contract An Inquiry Into Modern Contractual Relations
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Author : Ian R. Macneil
language : en
Publisher:
Release Date : 1980
The New Social Contract An Inquiry Into Modern Contractual Relations written by Ian R. Macneil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with categories.