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Author : Victor P. Goldberg,University of Toronto. Faculty of Law. Law and Economics Programme
Publisher : Unknown
Page : 57 pages
File Size : 41,9 Mb
Release : 2004
Category : Contracts
ISBN : OCLC:54935422
Author : Victor Goldberg
Publisher : Harvard University Press
Page : 424 pages
File Size : 55,6 Mb
Release : 2012-03-05
Category : Law
ISBN : 9780674063921
The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Author : Nancy S. Kim
Publisher : Cambridge University Press
Page : 257 pages
File Size : 47,7 Mb
Release : 2019-02-14
Category : Law
ISBN : 9781107164918
Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.
Author : Gerald E. Berendt
Publisher : Anderson Publishing Company (OH)
Page : 1508 pages
File Size : 55,9 Mb
Release : 1998
Category : Law
ISBN : IND:30000052737461
Author : Omri Ben-Shahar,Ariel Porat
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,8 Mb
Release : 2010-08-16
Category : Law
ISBN : 9781139493307
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.
Author : Anonim
Publisher : Routledge
Page : 261 pages
File Size : 45,6 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 9781134066759
Author : Gerard McMeel
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 50,7 Mb
Release : 2017
Category : Law
ISBN : 0198755163
"[This book] helps the reader to negotiate a complex area of law by combining principles and doctrine with relevant discussion of the case law [and identifies] and anticipates current and future trends in litigation New to this [edition includes]: updated discussion of the role of the appeal courts in their decisions on judgments relating to contract construction, most notably the cases of Rainy Sky v Kookmin Bank (2011), Arnold v Britton (2015), the Lloyds Bank Bonds case (2016), and Wood v Capita Insurance Services(2017); expanded coverage and critique of the principles of implication and rectification; extended treatment of good faith following Yam Seng (2014) and MSC Mediterranean Shipping v Cottonex (2016); and discussion of New Commercial Court Guide rules on background facts 'factual matrix' and statements of case."--
Author : Linda Mulcahy,John Tillotson
Publisher : Psychology Press
Page : 306 pages
File Size : 52,7 Mb
Release : 2004
Category : Contracts
ISBN : 185941771X
This book approaches contract law from its social, political and economic context and by doing so aims to broaden understanding and appreciation of the subject at a level which is suitable for students. Legal and business perspectives are introduced, as are some sociological and economic ideas and influences.
Author : Richard Danzig
Publisher : Unknown
Page : 280 pages
File Size : 53,8 Mb
Release : 1978
Category : Law
ISBN : STANFORD:36105060004566
Author : Jason W. Neyers,Richard Bronaugh,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 450 pages
File Size : 53,8 Mb
Release : 2009-05-14
Category : Law
ISBN : 9781847317209
In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada
Author : Francisco de Elizalde
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 50,6 Mb
Release : 2018-06-28
Category : Law
ISBN : 9781509916306
Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
Author : Robert D. Cooter,Hans-Bernd Schäfer
Publisher : Princeton University Press
Page : 343 pages
File Size : 51,8 Mb
Release : 2011-12-27
Category : Business & Economics
ISBN : 9781400839681
Why law is critical to innovation and economic growth Sustained growth depends on innovation, whether it's cutting-edge software from Silicon Valley, an improved assembly line in Sichuan, or a new export market for Swaziland's leather. Developing a new idea requires money, which poses a problem of trust. The innovator must trust the investor with his idea and the investor must trust the innovator with her money. Robert Cooter and Hans-Bernd Schäfer call this the "double trust dilemma of development." Nowhere is this problem more acute than in poorer nations, where the failure to solve it results in stagnant economies. In Solomon's Knot, Cooter and Schäfer propose a legal theory of economic growth that details how effective property, contract, and business laws help to unite capital and ideas. They also demonstrate why ineffective private and business laws are the root cause of the poverty of nations in today's world. Without the legal institutions that allow innovation and entrepreneurship to thrive, other attempts to spur economic growth are destined to fail.
Author : Larry Alexander
Publisher : Unknown
Page : 561 pages
File Size : 49,7 Mb
Release : 1991
Category : Electronic
ISBN : 1855211211
Author : Marvin A. Chirelstein
Publisher : West Publishing Company
Page : 256 pages
File Size : 46,9 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105062239558
Background Elements: Contract Curve and Expectation Damages; Consideration and the Bargained-for Exchange; Contract Formation; Unfairness and Unconscionability; Contract Interpretation; Performance and Breach; Mistake and Impossibility; Remedies; Third-Party Beneficiaries.
Author : Mark Freedland FBA,Nicola Kountouris
Publisher : OUP Oxford
Page : 496 pages
File Size : 47,8 Mb
Release : 2011-12-15
Category : Law
ISBN : 9780191622113
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
