Why Consideration In Contracts
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Why Consideration In Contracts
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Author : Hugh Evander Willis
language : en
Publisher:
Release Date : 1921
Why Consideration In Contracts written by Hugh Evander Willis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1921 with categories.
The History Of The Doctrine Of Consideration In English Law
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Author : Edward Jenks
language : en
Publisher: CUP Archive
Release Date : 1892
The History Of The Doctrine Of Consideration In English Law written by Edward Jenks and has been published by CUP Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Consideration (Law) categories.
Should The Doctrine Of Consideration Be Abolished
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Author : Ciaran Gallagher
language : en
Publisher: GRIN Verlag
Release Date : 2016-04-04
Should The Doctrine Of Consideration Be Abolished written by Ciaran Gallagher and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-04 with Law categories.
Essay from the year 2016 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, National University of Ireland, Galway, course: Corporate Law, language: English, abstract: This essay is asking the question whether the doctrine of consideration ought to be abolished. It will argue that all that should be required for a legally binding promise is a clear intention to be bound by the terms of a promise and, perhaps, detrimental reliance on that promise by the other party. The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance. In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a seal. This particular requirement in terms of contract law has been put under much scrutiny recently and there have been calls for the abolition of the doctrine. In this essay we will take a look at the functions of consideration, it's purpose in modern law and the possible alternatives were it to be abolished. Consideration is prone to much criticism as it is said to have a very narrow scope as a definition with many suggesting that the narrowness the doctrine shows is now more about denying legal effect in most promises. The thinking behind this criticism is that many courts bring consideration into cases without a second thought and use it as a tool to guide their judgements. This then leads to it being open to many more avenues such as the Williams v Roffey case where they suggested that practical benefit counted as sufficient consideration. This then leads to unlawful claims as never before had consideration been brought into a pre-existing contract case.
Consideration In Contract Law
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Author : MARK. GIANCASPRO
language : en
Publisher:
Release Date : 2024-08-28
Consideration In Contract Law written by MARK. GIANCASPRO and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-28 with Law categories.
In this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world. Covering both the formation and renegotiation stage of a contract's life, Consideration in Contract Law provides an overview of the history of the doctrine of consideration, as well as the related civil law doctrine of causa promissionis. Chapters review their core principles, and investigate how gifts can be distinguished from legal promises. Combining theoretical work with legal analysis, they set out how consideration can vary, for example through the existing legal duty rule and the practical benefit principle. The book also examines unique and novel forms of consideration, inspecting the legal sufficiency of natural love and affection, cryptocurrency, virtual property and lucky charms. Providing crucial guidance on the purpose and influence of the doctrine of consideration, this book is an essential read for students and scholars of private law and contract law. It is also a valuable resource for judges and commercial lawyers seeking to understand and resolve consideration problems.
Business Law I Essentials
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Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
language : en
Publisher:
Release Date : 2019-09-27
Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-27 with categories.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Contract As Assumption
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Author : Brian Coote
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-04-02
Contract As Assumption written by Brian Coote and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-02 with Law categories.
It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
The Law Of Contracts
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Author : J. I. Clark Hare
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2003
The Law Of Contracts written by J. I. Clark Hare and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Contracts categories.
Hare, J[ohn] I[nnes] Clark. The Law of Contracts. Boston: Little, Brown and Company, 1887. xxxiv, 679 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-311-1. Cloth. $125. * Hare's objective was to trace the doctrine of consideration and to show its influence on contracts in common law. Beginning with Roman law, where the doctrine of consideration was unknown, he proceeds to an examination of the practical importance of the law of sales. This treatise was taken from a course of lectures given by the author in the law school of the University of Pennsylvania, where he also served as a trustee. Hare [1816-1905] edited a number of selections and reports of cases and "...was one of the half-dozen greatest judges that Pennsylvania has produced. He ascended the bench just after equity was introduced, as a general system, into Pennsylvania, and his contribution to its establishment was of great importance." Dictionary of American Biography IV:262.
Consideration In Contracts
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Author : P. S. Atiyah
language : en
Publisher: Australian National University, Research School of Social Sciences
Release Date : 1971-01-01
Consideration In Contracts written by P. S. Atiyah and has been published by Australian National University, Research School of Social Sciences this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971-01-01 with Consideration (Law) categories.
Good Faith And Fault In Contract Law
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Author : J. Beatson
language : en
Publisher:
Release Date : 1995
Good Faith And Fault In Contract Law written by J. Beatson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Breach of contract categories.
This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.
Consideration Reconsidered
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Author : Kenneth Coleridge Turvey Sutton
language : en
Publisher: University of Queensland Press(Australia)
Release Date : 1974
Consideration Reconsidered written by Kenneth Coleridge Turvey Sutton and has been published by University of Queensland Press(Australia) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.