Essays On Relational Contracts

Author : David Campbell,Linda Mulcahy,Sally Wheeler
Publisher : Springer
Page : 239 pages
File Size : 54,6 Mb
Release : 2017-02-28
Category : Law
ISBN : 9781137269270

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Changing Concepts of Contract by David Campbell,Linda Mulcahy,Sally Wheeler Pdf

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.

Author : Myoungki Lee
Publisher : Unknown
Page : 160 pages
File Size : 55,8 Mb
Release : 2006
Category : Contracts
ISBN : OCLC:82469301

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Three Essays on Applied Contracting by Myoungki Lee Pdf

Abstract: In the first and second essays, I use economic models of relational contracting to assess the potential economic impact of proposed legislation that would require processors to pay termination damages to growers when contractual relationships are prematurely terminated. Asset specificity, ex post bargaining power on the part of processors, and an exogenous shock that undermines gains from trade are introduced into the models. In the first essay, I assume that processors and growers can initiate relational contracts based on some observable, but non-verifiable, performance measure. I conclude that under symmetric information about an exogenous shock, termination damages would not be distortionary and would not undermine processors' ability to design effective incentives. Therefore, termination damages do not affect growers' expected payoffs in optimal relational contracts. However, under asymmetric information about an exogenous shock, termination damages can either increase or reduce growers' expected payoffs. In the second essay, I assume that performance measures are subjective in the sense that the processor and grower may not necessarily agree on measured performance outcomes. I show that while contract termination is used as an incentive device, pay for performance is no longer used. Under symmetric information about an exogenous shock, government imposed termination damages would not be distortionary and would induce only a restructuring of the compensation plan. In the third essay, I present results from an experiment that investigates the existence and causes of self-serving bias and the effect of this bias on subjects' strategic behavior in a multi-period incomplete contracting game. The data shows that self-serving bias exists in the aggregate and is caused by substantial heterogeneity in subjects' responses to unenforceable contract terms. Self-serving bias has no significant direct effect on subjects' contract rejection decisions, but it does have a significant effect on the surplus generated from a contract conditioned on acceptance. My results suggest that economic factors, such as the history of payoffs, are more important direct causes of bargaining impasses than are psychological factors, such as self-serving bias, but that self-serving bias indirectly contributes to these impasses.

Author : Marina Cynthia Halac
Publisher : Unknown
Page : 322 pages
File Size : 48,7 Mb
Release : 2009
Category : Electronic
ISBN : UCAL:C3522721

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Essays on Relational Contracts by Marina Cynthia Halac Pdf

Author : Dori Kimel
Publisher : Bloomsbury Publishing
Page : 154 pages
File Size : 48,7 Mb
Release : 2003-03-14
Category : Law
ISBN : 9781847310767

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From Promise to Contract by Dori Kimel Pdf

Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.

Author : John Joseph Powell
Publisher : Unknown
Page : 498 pages
File Size : 47,5 Mb
Release : 1790
Category : Contracts
ISBN : UOM:35112203495769

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Essay Upon the Law of Contracts and Agreements by John Joseph Powell Pdf

Author : David Campbell,Hugh Collins,John Wightman
Publisher : Bloomsbury Publishing
Page : 412 pages
File Size : 51,7 Mb
Release : 2003-07-16
Category : Law
ISBN : 9781847312174

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Implicit Dimensions of Contract by David Campbell,Hugh Collins,John Wightman Pdf

This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.

Author : Charles M.A. Clark
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 54,6 Mb
Release : 2012-12-06
Category : Business & Economics
ISBN : 9789401106559

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Institutional Economics and the Theory of Social Value: Essays in Honor of Marc R. Tool by Charles M.A. Clark Pdf

Marc R. Tool, both through his writings and his editorship of the Journal of Economic Issues, has had a profound influence on institutional economics. Tool's efforts, in his own words, "has been to keep values on the agenda of economic inquiry," which is another way of saying "keep economic inquiry relevant. " Tool's work on the theory of social value and instrumental valuation has helped to keep institutional economics focused on the core economic and social issues facing society, providing both a perspective from which to analyze the economy and a criteria for evaluating outcomes. This collection of essays is a testament to this legacy. Although these 15 chapters cover a wide and diverse range of topics, it is the common themes which are most striking: the inescapable necessity of values in economic discourse; the central role of valuation in economic activity; and most importantly, the requirement of democratic participation to achieve "efficient" solutions to the economic problem. These essays are offered to honor a body of work, a set of ideas, but mostly a man who, by directing economic inquiry to these core issues, has promoted "the continuity of human life and the noninvidious recreation of community through the instrumental use of knowledge.

Author : Anonim
Publisher : Butterworth-Heinemann
Page : 354 pages
File Size : 45,9 Mb
Release : 2006
Category : Contracts
ISBN : STANFORD:36105130558922

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Essays in Honour of AJ Kerr by Anonim Pdf

Author : W. Cole Durham, Jr.,Donlu D. Thayer
Publisher : Routledge
Page : 208 pages
File Size : 42,9 Mb
Release : 2018-11-22
Category : Law
ISBN : 9781317067207

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Religion, Pluralism, and Reconciling Difference by W. Cole Durham, Jr.,Donlu D. Thayer Pdf

We live in an increasingly pluralized world. This sociological reality has become the irreversible destiny of humankind. Even once religiously homogeneous societies are becoming increasingly diverse. Religious freedom is modernity’s most profound if sometimes forgotten answer to the resulting social pressures, but the tide of pluralization threatens to overwhelm that freedom’s stabilizing force. Religion, Pluralism, and Reconciling Difference is aimed at exploring differing ways of grappling with the resulting tensions, and then asking, will the tensions ultimately yield poisonous polarization that erodes all hope of meaningful community? Or can the tradition and the institutions protecting freedom of religion or belief be developed and applied in ways that (still) foster productive interactions, stability, and peace? This volume brings together vital and thoughtful contributions treating aspects of these mounting worldwide tensions concerning the relationship between religious diversity and social harmony. The first section explores controversies surrounding religious pluralism from different starting points, including religious, political, and legal standpoints. The second section examines different geographical perspectives on pluralism. Experts from North and South America, Europe, Africa, and the Middle East address these issues and suggest not only how social institutions can reduce tensions, but also how religious pluralism itself can bolster needed civil society.

Author : Stefan Grundmann,Fabrizio Cafaggi
Publisher : Routledge
Page : 399 pages
File Size : 51,5 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317022176

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The Organizational Contract by Stefan Grundmann,Fabrizio Cafaggi Pdf

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.

Author : Robert M. Merkin,Robert Merkin QC,Séverine Saintier
Publisher : Oxford University Press
Page : 697 pages
File Size : 48,5 Mb
Release : 2021
Category : Contracts
ISBN : 9780198869993

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Poole's Textbook on Contract Law by Robert M. Merkin,Robert Merkin QC,Séverine Saintier Pdf

The book is simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases. An introductory chapter provides valuable guidance on how to read and understand case law, developing essential academic and practical skills. Thought-provoking questions are posed throughout to develop an in-depth understanding of the subject through critical engagement.

Author : Mark Blyth
Publisher : Routledge
Page : 388 pages
File Size : 55,9 Mb
Release : 2009-06-02
Category : Business & Economics
ISBN : 9781135984014

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Routledge Handbook of International Political Economy (IPE) by Mark Blyth Pdf

Providing an overview of the range and scope of International Political Economy scholarship, this important work maps the different regional schools of IPE and notes the distinctive way IPE is practiced and conceptualized around the world.

Author : Herbert Giersch
Publisher : Springer Science & Business Media
Page : 303 pages
File Size : 54,6 Mb
Release : 2012-12-06
Category : Business & Economics
ISBN : 9783642772672

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Money, Trade, and Competition by Herbert Giersch Pdf

On June 1, 1990, Egon Sohmen would have reached the age of 60 had he not suffered from a fatal illness. It demanded his death at the early age of 46. If he were still with us, he would playa prominent role in the current debate on monetary arrangements and on allocation theory, perhaps in cluding environmental issues and urban economics. His contributions are well remembered by his colleagues and friends, by his former students, and by many in the economics profession on both sides of the Atlantic. In extrapolating his great achievements as a scholar and teacher beyond the time of his death, one is inclined to suppose that Egon Sohmen's name would figure high on many a list of candidates for honors and awards in the field of international economics. For the reconstruction of economics in the German language area Egon Sohmen was invaluable. Born in Linz (Austria), he studied in Vienna at the Business School (Hochschule fUr Welthandel, now Wirtscha!tsuniversitiit), then went to the US as a Fulbright scholar (1953), returned to Europe to take his doctorate in Tiibingen, Germany, (1954) and crossed the Atlantic again to teach at MIT (1955-58) where he obtained a Ph. D. (1958) under Charlie Kindleberger. He might have stayed permanently in the US, con tinuing a career that he started as Assistant Professor at Yale University (1958-61), if the US visa provisions had been applied in a more liberal fashion.

Author : Roman Tomasic
Publisher : Routledge
Page : 562 pages
File Size : 46,6 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351571548

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Commercial Law in East Asia by Roman Tomasic Pdf

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

Author : Jonathan Morgan
Publisher : Cambridge University Press
Page : 312 pages
File Size : 55,5 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.