Reconstructing Contracts

Author: Douglas G. Baird

Publisher: Harvard University Press

ISBN: 0674073584

Category: Law

Page: 182

View: 8759

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Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Contract Law and Contract Practice

Bridging the Gap Between Legal Reasoning and Commercial Expectation

Author: Catherine Mitchell

Publisher: A&C Black

ISBN: 1782253130

Category: Law

Page: 308

View: 4107

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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.

Changing Concepts of Contract

Essays in Honour of Ian Macneil

Author: David Campbell,Linda Mulcahy,Sally Wheeler

Publisher: Springer

ISBN: 1137269278

Category: Law

Page: 264

View: 677

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Changing Concepts of Contract is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour. Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made. In this collection, nine leading UK contract law scholars re-consider Macneil's work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship. In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father's thinking of those experiences outside academia. The collection also includes a Foreword by Stewart Macaulay, Malcolm Pitman Sharp Hilldale Professor Emeritus at the University of Wisconsin-Madison, and an Introduction by Jay M Feinman, Distinguished Professor of Law at Rutgers School of Law.

Contract Law and Theory

Author: Eric A. Posner

Publisher: Aspen Publishers

ISBN: 9781454869511

Category: Law

Page: 260

View: 5987

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Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand. By explaining and applying contract theory to a wide range of contracts cases, Eric Posner reveals not only the "what" of doctrine but also the "why" -- why one rule rather than another makes sense from a policy perspective. An understanding of what contract theory is and how it is applied will help you to understand not only Contracts, as taught in law school, but also the many areas of law in which contractual ideas operate, such as bankruptcy law, secured transactions, and corporate law. An exciting new Student Treatise from an eminent authority, Contract Law and Theory, Second Edition features: Complete coverage of contracts that includes the principal cases covered in most first-year contracts courses A general explication of the rules of contract that begins with the simplest ideas and gradually builds in complexity A consistent emphasis on the application of theory to doctrine, through analysis of a rich selection of cases A readable and expert treatment of the role of economics in contract law Illustrative examples that point to noteworthy cases Suitability for use alongside any casebook

Contract Law For Dummies

Author: Scott J. Burnham

Publisher: John Wiley & Sons

ISBN: 1118092732

Category: Law

Page: 384

View: 6883

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Take the mumbo jumbo out of contract law and ace your contracts course. This hands-on guide give you plain-English explanations of terminology and language used in contracts, showing you how to read and analyze cases and statues with ease.

Regulatory Competition in Contract Law and Dispute Resolution

Author: Horst Eidenmüller

Publisher: Bloomsbury Publishing

ISBN: 1782251219

Category: Law

Page: 400

View: 8121

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In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

The Theory of Contract Law

New Essays

Author: Peter Benson

Publisher: Cambridge University Press

ISBN: 9780521640381

Category: Law

Page: 349

View: 550

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Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.

The Choice Theory of Contracts

Author: Hanoch Dagan,Michael Heller

Publisher: Cambridge University Press

ISBN: 1107135982

Category: Law

Page: 188

View: 2333

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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Rethinking Contract Law and Contract Design

Author: Victor P. Goldberg

Publisher: Edward Elgar Publishing

ISBN: 1783471549

Category: Law

Page: 304

View: 386

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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

Seduction by Contract

Law, Economics, and Psychology in Consumer Markets

Author: Oren Bar-Gill

Publisher: OUP Oxford

ISBN: 0191640387

Category: Law

Page: 296

View: 2829

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Consumers routinely enter into long-term contracts with providers of goods and services - from credit cards, mortgages, cell phones, insurance, TV, and internet services to household appliances, theatre and sports events, health clubs, magazine subscriptions, transportation, and more. Across these consumer markets certain design features of contracts are recurrent, and puzzling. Why do sellers design contracts to provide short-term benefits and impose long-term costs? Why are low introductory prices so common? Why are the contracts themselves so complex, with numerous fees and interest rates, tariffs and penalties? Seduction by Contract explains how consumer contracts emerge from the interaction between market forces and consumer psychology. Consumers are short-sighted and optimistic, so sellers compete to offer short-term benefits, while imposing long-term costs. Consumers are imperfectly rational, so sellers hide the true costs of products and services in complex contracts. Consumers are seduced by contracts that increase perceived benefits, without actually providing more benefits, and decrease perceived costs, without actually reducing the costs that consumers ultimately bear. Competition does not help this behavioural market failure. It may even exacerbate it. Sellers, operating in a competitive market, have no choice but to align contract design with the psychology of consumers. A high-road seller who offers what she knows to be the best contract will lose business to the low-road seller who offers what the consumer mistakenly believes to be the best contract. Put bluntly, competition forces sellers to exploit the biases and misperceptions of their customers. Seduction by Contract argues that better legal policy can help consumers and enhance market efficiency. Disclosure mandates provide a promising avenue for regulatory intervention. Simple, aggregate disclosures can help consumers make better choices. Comprehensive disclosures can facilitate the work of intermediaries, enabling them to better advise consumers. Effective disclosure would expose the seductive nature of consumer contracts and, as a result, reduce sellers' incentives to write inefficient contracts. Developing its explanation through a general framework and detailed case studies of three major consumer markets (credit cards, mortgages, and cell phones), Seduction by Contract is an accessible introduction to the law and economics of consumer contracts, and a powerful critique of current regulatory policy.

Reasonableness and Responsibility: A Theory of Contract Law

Author: Martín Hevia

Publisher: Springer Science & Business Media

ISBN: 9400746059

Category: Law

Page: 184

View: 3281

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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.

Perspectives on Property Law

Author: Robert C. Ellickson,Carol M. Rose

Publisher: Wolters Kluwer Law & Business

ISBN: 1454848545

Category: Law

Page: 608

View: 5952

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This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain

Boilerplate

The Fine Print, Vanishing Rights, and the Rule of Law

Author: Margaret Jane Radin

Publisher: Princeton University Press

ISBN: 069115533X

Category: Law

Page: 339

View: 6316

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"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law

Transnational Civil Litigation

Author: George Rutherglen

Publisher: Foundation Press

ISBN: 9781634595001

Category:

Page: N.A

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This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

Contract Law

Author: Mindy Chen-Wishart

Publisher: Oxford University Press

ISBN: 0198806353

Category: Law

Page: 664

View: 5190

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Written by a leading contract lawyer with extensive teaching experience, Contract Law takes a unique approach to a complex subject. Chen-Wishart combines academic rigour with an innovative visual approach, presenting the law with diagrams, flowcharts and tables to provide students with a stimulating account of key principles and an engaging analysis of the complexities of contract law. Thought-provoking analytical features, such as the 'Pause for reflection' and 'Counterpoint' boxes encourage active and critical engagement with the topics. Online resources The book is accompanied by a suite of online resources including animated versions of selected diagrams with audio commentary; guidance on answering the questions posed in the book; web links to key cases and legislation; updates; and two additional chapters on incapacity and illegality & public policy. Additionally, lecturers have access to a test bank, and electronic copies of the diagrams from the book.

The Organizational Contract

From Exchange to Long-Term Network Cooperation in European Contract Law

Author: Stefan Grundmann,Fabrizio Cafaggi

Publisher: Routledge

ISBN: 1317022173

Category: Law

Page: 384

View: 6344

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This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

Theologians and Contract Law

The Moral Transformation of the Ius Commune (ca. 1500-1650)

Author: Wim Decock

Publisher: Martinus Nijhoff Publishers

ISBN: 9004232842

Category: Law

Page: 724

View: 9506

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In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

Philosophical Foundations of Contract Law

Author: Gregory Klass,George Letsas,Prince Saprai

Publisher: OUP Oxford

ISBN: 019102208X

Category: Law

Page: 500

View: 3502

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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.