Contract Law And The Legislature

Author : TT Arvind,Jenny Steele
Publisher : Bloomsbury Publishing
Page : 488 pages
File Size : 45,6 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509926121

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Contract Law and the Legislature by TT Arvind,Jenny Steele Pdf

This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.

Author : Anonim
Publisher : Stanford University Press
Page : 394 pages
File Size : 41,6 Mb
Release : 1998-09
Category : Electronic
ISBN : 9780804765275

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The State and Freedom of Contract by Anonim Pdf

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).

Author : Anonim
Publisher : Unknown
Page : 36 pages
File Size : 45,9 Mb
Release : 1998
Category : Contracts
ISBN : STANFORD:36105061975228

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Proposals for a Contract Law Reform Act by Anonim Pdf

Author : Jenny Steele
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2022
Category : Electronic
ISBN : 0191904481

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Contract Law and the Legislature by Jenny Steele Pdf

Author : Robert S. Summers
Publisher : Cambridge University Press
Page : 422 pages
File Size : 40,5 Mb
Release : 2005-11-14
Category : Law
ISBN : 9781139448871

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Form and Function in a Legal System by Robert S. Summers Pdf

This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.

Author : Washington (State). Legislature. Joint Committee on Education
Publisher : Unknown
Page : 25 pages
File Size : 47,9 Mb
Release : 1972
Category : Teachers
ISBN : OCLC:16686383

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The Continuing Contract Law by Washington (State). Legislature. Joint Committee on Education Pdf

Author : Henry Campbell Black
Publisher : Unknown
Page : 392 pages
File Size : 42,7 Mb
Release : 1887
Category : Constitutional law
ISBN : HARVARD:HX4H3Y

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An Essay on the Constitutional Prohibitions Against Legislation Imparing the Obligation of Contracts, and Against Retroactive and Ex Post Facto Laws by Henry Campbell Black Pdf

Author : James Francis Donnelly
Publisher : Unknown
Page : 632 pages
File Size : 54,7 Mb
Release : 1922
Category : Contracts
ISBN : NYPL:33433022471258

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A Treatise on the Law of Public Contracts by James Francis Donnelly Pdf

Author : Robert Summers
Publisher : Springer Science & Business Media
Page : 453 pages
File Size : 41,5 Mb
Release : 2013-11-11
Category : Philosophy
ISBN : 9789401594073

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Essays in Legal Theory by Robert Summers Pdf

The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.

Author : J. PAUL. SALEMBIER
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 2018
Category : Electronic
ISBN : 0433486902

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LEGAL AND LEGISLATIVE DRAFTING. by J. PAUL. SALEMBIER Pdf

Author : Sir David Hughes Parry
Publisher : Unknown
Page : 96 pages
File Size : 43,6 Mb
Release : 1959
Category : Breach of contract
ISBN : UIUC:30112022836792

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The Sanctity of Contracts in English Law by Sir David Hughes Parry Pdf

Author : Kermit L. Hall
Publisher : Articles-Garlan
Page : 672 pages
File Size : 51,5 Mb
Release : 1987
Category : Law
ISBN : STANFORD:36105038340407

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Law, Economy, and the Power of Contract by Kermit L. Hall Pdf

Author : Eric Holm
Publisher : Unknown
Page : 175 pages
File Size : 46,6 Mb
Release : 2008-01-01
Category : Commercial law
ISBN : 0455225028

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A Contract Law Workbook by Eric Holm Pdf

A CONTRACT LAW WORKBOOK is a workbook designed to assist students in understanding the introductory material related to contract. It will facilitate a deeper level of understanding of the practical application of contract law. Features: A series of core contract law topics covered in brief, followed by a set of questions, both hypothetical and multiple choice, to enable students to apply their newly developed skills to practical hypothetical problems and theory questions; Hypothetical scenarios which develop as the workbook progresses, allowing the student to be able to 'get to know' the parties to the agreements and to reflect upon how these circumstances may occur in business and personal scenarios. This helps students to relate to such actions/inactions in their own lives now and into their professional lives beyond university; Convenient note taking sections have been included at the end of each chapter so students can make notes during lectures or in relation to the work they have completed; and a final revision chapter covers all topics, assisting students in their exam preparation. Answer guides, available as PDFs, have been written for each chapter for use by lecturers. The tutorial-type questions can be used to help lecturers and tutors save valuable preparation time.

Author : TT Arvind,Jenny Steele
Publisher : Bloomsbury Publishing
Page : 546 pages
File Size : 43,8 Mb
Release : 2012-12-21
Category : Law
ISBN : 9781782250548

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Tort Law and the Legislature by TT Arvind,Jenny Steele Pdf

The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29

Author : Lawrence Meir Friedman
Publisher : Unknown
Page : 318 pages
File Size : 43,5 Mb
Release : 1965
Category : Law
ISBN : UOM:39015001842981

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Contract Law in America by Lawrence Meir Friedman Pdf