The Choice Theory of Contracts

Author: Hanoch Dagan,Michael Heller

Publisher: Cambridge University Press

ISBN: 1107135982

Category: Law

Page: 188

View: 1461

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

Private Law and the Rule of Law

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 2353

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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

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: 2070

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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.

Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold,Paul B. Miller

Publisher: OUP Oxford

ISBN: 0191005290

Category: Law

Page: 450

View: 7001

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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Commercial Contract Law

Transatlantic Perspectives

Author: Larry A. DiMatteo,Qi Zhou,Severine Saintier,Keith Rowley

Publisher: Cambridge University Press

ISBN: 1107311209

Category: Law

Page: N.A

View: 8051

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This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.

Law and Language

Current Legal Issues

Author: Michael Freeman,Fiona Smith

Publisher: Oxford University Press

ISBN: 0199673667

Category: Law

Page: 625

View: 3540

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Law and Language, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and language. This volume examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.

Reasonableness and Responsibility: A Theory of Contract Law

Author: Martín Hevia

Publisher: Springer Science & Business Media

ISBN: 9400746040

Category: Law

Page: 184

View: 5356

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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.

Q & A Revision Guide International Law 2013 and 2014

Author: Susan Breau

Publisher: Oxford University Press

ISBN: 0199661960

Category: Law

Page: 264

View: 1135

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Q&A International Law offers a lifeline to students revising for exams. It provides clear guidance from an experienced examiner on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.

University of Chicago Law Review: Volume 81, Number 4 - Fall 2014

Author: University of Chicago Law Review

Publisher: Quid Pro Books

ISBN: 1610278585

Category: Law

Page: 686

View: 9028

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The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.

The Common European Sales Law in Context

Interactions with English and German Law

Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: OUP Oxford

ISBN: 0191668184

Category: Law

Page: 856

View: 1804

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European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Bibliography of Law and Economics

Author: B. Bouckaert,G. de Geest

Publisher: Springer Science & Business Media

ISBN: 9401708932

Category: Law

Page: 667

View: 735

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Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.

Revisiting the Contracts Scholarship of Stewart Macaulay

On the Empirical and the Lyrical

Author: Jean Braucher,John Kidwell,William C Whitford

Publisher: Bloomsbury Publishing

ISBN: 1782250611

Category: Law

Page: 466

View: 1390

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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'.

Contract in Context

Author: Richard Austen-Baker,Qi Zhou

Publisher: Routledge

ISBN: 1135096120

Category: Law

Page: 172

View: 1968

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Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.

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: 2184

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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.

Regulatory Competition in Contract Law and Dispute Resolution

Author: Horst Eidenmüller

Publisher: Bloomsbury Publishing

ISBN: 1782251219

Category: Law

Page: 400

View: 3216

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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.

Contract Law Minimalism

A Formalist Restatement of Commercial Contract Law

Author: Jonathan Morgan

Publisher: Cambridge University Press

ISBN: 1107021073

Category: Law

Page: 314

View: 4151

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Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.

Virginia Laws Related to Corporations and Other Business Entities, 2013 Edition

Author: Publisher's Editorial Staff

Publisher: LexisNexis

ISBN: 0769869394

Category: Law

Page: N.A

View: 3636

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LexisNexis brings you Virginia Laws Related to Corporations and Other Business Entities, 2013 Edition. Over 60 relevant sections featuring the latest legislation from the Regular Session of the Virginia General Assembly. Content • Laws Related to The State Corporation Commission • Corporations Law • Limited Liability Company Law • Business Trusts Law • Partnerships Law • Limited Partnerships Law This eBook features links to Lexis Advance for further legal research options.