Equity Efficiency And Ethics In Remedies For Breach Of Contract

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Equity, Efficiency, and Ethics in Remedies for Breach of Contract

Sergio Mittlaender
Equity Efficiency and Ethics in Remedies for Breach of Contract Book PDF

Author : Sergio Mittlaender
Publisher : Springer Nature
Page : 241 pages
File Size : 46,6 Mb
Release : 2022-12-02
Category : Law
ISBN : 9783031108044

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Equity, Efficiency, and Ethics in Remedies for Breach of Contract by Sergio Mittlaender Pdf

This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.

Accounting for Profit for Breach of Contract

Katy Barnett
Accounting for Profit for Breach of Contract Book PDF

Author : Katy Barnett
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 54,6 Mb
Release : 2012-05-31
Category : Law
ISBN : 9781847319517

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Accounting for Profit for Breach of Contract by Katy Barnett Pdf

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.

Philosophical Foundations of Contract Law

George Letsas,Prince Saprai
Philosophical Foundations of Contract Law Book PDF

Author : George Letsas,Prince Saprai
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 43,7 Mb
Release : 2014
Category : Law
ISBN : 9780198713012

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Philosophical Foundations of Contract Law by George Letsas,Prince Saprai Pdf

The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

Law of Remedies

Dan B. Dobbs
Law of Remedies Book PDF

Author : Dan B. Dobbs
Publisher : Unknown
Page : 1146 pages
File Size : 47,5 Mb
Release : 1993
Category : Remedies (Law)
ISBN : STANFORD:36105134509335

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Law of Remedies by Dan B. Dobbs Pdf

Rev. ed. of : Handbook on the law of remedies. 1973.

Contract Law Minimalism

Jonathan Morgan
Contract Law Minimalism Book PDF

Author : Jonathan Morgan
Publisher : Cambridge University Press
Page : 312 pages
File Size : 50,6 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470200

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Contract Law Minimalism by Jonathan Morgan Pdf

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Fault in American Contract Law

Omri Ben-Shahar,Ariel Porat
Fault in American Contract Law Book PDF

Author : Omri Ben-Shahar,Ariel Porat
Publisher : Cambridge University Press
Page : 128 pages
File Size : 52,9 Mb
Release : 2010-08-16
Category : Law
ISBN : 9781139493307

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Fault in American Contract Law by Omri Ben-Shahar,Ariel Porat Pdf

Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

Studies in the Contract Laws of Asia

Mindy Chen-Wishart,Alexander Loke,Burton Ong
Studies in the Contract Laws of Asia Book PDF

Author : Mindy Chen-Wishart,Alexander Loke,Burton Ong
Publisher : Oxford University Press
Page : 450 pages
File Size : 40,9 Mb
Release : 2016-02-11
Category : Law
ISBN : 9780191074424

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Studies in the Contract Laws of Asia by Mindy Chen-Wishart,Alexander Loke,Burton Ong Pdf

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Philosophical Foundations of the Law of Equity

Dennis Klimchuk,Irit Samet,Henry E. Smith
Philosophical Foundations of the Law of Equity Book PDF

Author : Dennis Klimchuk,Irit Samet,Henry E. Smith
Publisher : Oxford University Press
Page : 400 pages
File Size : 55,7 Mb
Release : 2020-04-02
Category : Law
ISBN : 9780192549877

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Philosophical Foundations of the Law of Equity by Dennis Klimchuk,Irit Samet,Henry E. Smith Pdf

The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Contractual Relations

David Campbell
Contractual Relations Book PDF

Author : David Campbell
Publisher : Oxford University Press
Page : 465 pages
File Size : 55,5 Mb
Release : 2022-09-29
Category : Contracts
ISBN : 9780198855156

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Contractual Relations by David Campbell Pdf

Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the author. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and an important statement of the relational theory of contract. This is a thoughtful and essential work for academics and research students in law, economics, and sociology.

Nicomachean Ethics

Aristotle
Nicomachean Ethics Book PDF

Author : Aristotle
Publisher : ReadHowYouWant.com
Page : 430 pages
File Size : 47,6 Mb
Release : 2006
Category : Philosophy
ISBN : 9781425000868

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Nicomachean Ethics by Aristotle Pdf

Aristotle's "Nicomachean Ethics" is considered to be one of the most important treatises on ethics ever written. In an incredibly detailed study of virtue and vice in man, Aristotle examines one of the most central themes to man, the nature of goodness itself. In Aristotle's "Nicomachean Ethics," he asserts that virtue is essential to happiness and that man must live in accordance with the "doctrine of the mean" (the balance between excess and deficiency) to achieve such happiness.

Calamari and Perillo on Contracts

Joseph M. Perillo,John D. Calamari
Calamari and Perillo on Contracts Book PDF

Author : Joseph M. Perillo,John D. Calamari
Publisher : West Academic Publishing
Page : 990 pages
File Size : 46,7 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134446926

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Calamari and Perillo on Contracts by Joseph M. Perillo,John D. Calamari Pdf

The expert author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.

Model Rules of Professional Conduct

American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Model Rules of Professional Conduct Book PDF

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 52,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Commercial Contract Law

Larry A. DiMatteo,Qi Zhou,Severine Saintier
Commercial Contract Law Book PDF

Author : Larry A. DiMatteo,Qi Zhou,Severine Saintier
Publisher : Cambridge University Press
Page : 623 pages
File Size : 50,8 Mb
Release : 2013-01-31
Category : Law
ISBN : 9781107028081

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Commercial Contract Law by Larry A. DiMatteo,Qi Zhou,Severine Saintier Pdf

Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

Contracts

Brian A. Blum,Amy C. Bushaw
Contracts Book PDF

Author : Brian A. Blum,Amy C. Bushaw
Publisher : Aspen Publishing
Page : 1149 pages
File Size : 45,9 Mb
Release : 2017-03-01
Category : Law
ISBN : 9781454887140

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Contracts by Brian A. Blum,Amy C. Bushaw Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Contracts: Cases, Discussion, and Problems, Fourth Edition is known for its strikingly clear, straightforward text that illuminates cases as well as concepts and theory. The book focuses on modern cases to expose students to contemporary contract law, but it also includes many important or iconic older cases. The cases are set in context by extensive author-written explanatory text. Insightful questions draw attention to difficult and crucial aspects of the law and prompt vigorous class discussion. Numerous problems, ranging from simple to complex, supplement cases and introduce topics taught most effectively through problems. The casebook’s traditional organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Its concise, efficient presentation results in an optimum length for the course. Procedural issues are highlighted when presented by the cases and transactional issues such as drafting, client counseling, and negotiation are raised through the use of questions and small exercises throughout the text. Strengthening the text’s focus on contemporary methods of contracting, modern issues in standard contracts are explored along with contracts entered into electronically. International and comparative material offers alternative approaches for students to consider, such as those taken by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts.

Foundations of Contract Law

Richard Craswell,Alan Schwartz
Foundations of Contract Law Book PDF

Author : Richard Craswell,Alan Schwartz
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 1994
Category : Contracts
ISBN : 156662990X

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Foundations of Contract Law by Richard Craswell,Alan Schwartz Pdf

These essays have been specifically selected to further students' understanding of the basics of contract law, and they cover a wide range of topics. The text serves as an excellent facilitator for thought-provoking classroom discussions. Topics include contract formation, remedies for breach, and defenses.