Implicit Dimensions Of Contract

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Implicit Dimensions of Contract

David Campbell,Hugh Collins,John Wightman
Implicit Dimensions of Contract Book PDF

Author : David Campbell,Hugh Collins,John Wightman
Publisher : Unknown
Page : 401 pages
File Size : 45,9 Mb
Release : 2003
Category : Contracts
ISBN : 1472559444

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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.

Implicit Dimensions of Contract

David Campbell,Hugh Collins,John Wightman
Implicit Dimensions of Contract Book PDF

Author : David Campbell,Hugh Collins,John Wightman
Publisher : Hart Publishing
Page : 411 pages
File Size : 48,5 Mb
Release : 2003-07-30
Category : Law
ISBN : 9781841133492

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

This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements.

Contract and Regulation

Roger Brownsword,Rob A.J. van Gestel,Hans-W. Micklitz
Contract and Regulation Book PDF

Author : Roger Brownsword,Rob A.J. van Gestel,Hans-W. Micklitz
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 41,9 Mb
Release : 2017-09-29
Category : Business ethics
ISBN : 9781784710668

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Contract and Regulation by Roger Brownsword,Rob A.J. van Gestel,Hans-W. Micklitz Pdf

Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.

Interpretation of Contracts

Catherine Mitchell
Interpretation of Contracts Book PDF

Author : Catherine Mitchell
Publisher : Routledge
Page : 175 pages
File Size : 46,6 Mb
Release : 2007-06-11
Category : Law
ISBN : 9781134061716

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Interpretation of Contracts by Catherine Mitchell Pdf

In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.

Contract Law and Contract Practice

Catherine E Mitchell
Contract Law and Contract Practice Book PDF

Author : Catherine E Mitchell
Publisher : A&C Black
Page : 280 pages
File Size : 47,5 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253136

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Contract Law and Contract Practice by Catherine E Mitchell Pdf

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.

The Role of Fraternity in Law

Adriana Cosseddu
The Role of Fraternity in Law Book PDF

Author : Adriana Cosseddu
Publisher : Routledge
Page : 288 pages
File Size : 41,6 Mb
Release : 2021-12-06
Category : Law
ISBN : 9781000517194

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The Role of Fraternity in Law by Adriana Cosseddu Pdf

This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.

Boundaries of Commercial and Trade Law

Gonzalo Villalta Puig,Christian Twigg-Flesner
Boundaries of Commercial and Trade Law Book PDF

Author : Gonzalo Villalta Puig,Christian Twigg-Flesner
Publisher : Walter de Gruyter
Page : 215 pages
File Size : 52,5 Mb
Release : 2011-11-14
Category : Law
ISBN : 9783866539198

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Boundaries of Commercial and Trade Law by Gonzalo Villalta Puig,Christian Twigg-Flesner Pdf

Do businesspeople consider the rules of commercial law when they negotiate a business deal, or are the practicalities of whatever transaction they are about to agree their sole consideration? Or does the law fade into the background to such an extent that it becomes almost irrelevant? If so, what is the role of law in commerce and, therefore, what are the boundaries of commercial law? These questions are subject of this important book for teachers and researchers of commercial law, undergraduate and postgraduate students of commercial law subjects, legal practitioners, businesspeople, public bodies for the regulation of trade and commerce as well as libraries of reference.

Changing Concepts of Contract

David Campbell,Linda Mulcahy,Sally Wheeler
Changing Concepts of Contract Book PDF

Author : David Campbell,Linda Mulcahy,Sally Wheeler
Publisher : Springer
Page : 239 pages
File Size : 52,9 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.

Regulation of Risk

Abhinayan Basu Bal,Trisha Rajput,Gabriela Argüello,David Langlet
Regulation of Risk Book PDF

Author : Abhinayan Basu Bal,Trisha Rajput,Gabriela Argüello,David Langlet
Publisher : BRILL
Page : 780 pages
File Size : 43,8 Mb
Release : 2022-12-28
Category : Law
ISBN : 9789004518681

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Regulation of Risk by Abhinayan Basu Bal,Trisha Rajput,Gabriela Argüello,David Langlet Pdf

Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.

Fairness in Consumer Contracts

Chris Willett
Fairness in Consumer Contracts Book PDF

Author : Chris Willett
Publisher : Routledge
Page : 465 pages
File Size : 41,7 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351937399

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Fairness in Consumer Contracts by Chris Willett Pdf

This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.

Contract Law

Kenneth Yin,Simon Kozlina,Kelly Green,Luca Siliquini-Cinelli,Emmanuel Laryea,Lisa Spagnolo
Contract Law Book PDF

Author : Kenneth Yin,Simon Kozlina,Kelly Green,Luca Siliquini-Cinelli,Emmanuel Laryea,Lisa Spagnolo
Publisher : Cambridge University Press
Page : 911 pages
File Size : 40,8 Mb
Release : 2020-10-28
Category : Law
ISBN : 9781108435277

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Contract Law by Kenneth Yin,Simon Kozlina,Kelly Green,Luca Siliquini-Cinelli,Emmanuel Laryea,Lisa Spagnolo Pdf

Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather's Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.

Revisiting the Contracts Scholarship of Stewart Macaulay

Jean Braucher,John Kidwell,William C. Whitford
Revisiting the Contracts Scholarship of Stewart Macaulay Book PDF

Author : Jean Braucher,John Kidwell,William C. Whitford
Publisher : Bloomsbury Publishing
Page : 466 pages
File Size : 42,8 Mb
Release : 2013-01-14
Category : Law
ISBN : 9781782250609

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Revisiting the Contracts Scholarship of Stewart Macaulay by Jean Braucher,John Kidwell,William C. Whitford Pdf

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'.

Comparative Contract Law

Larry DiMatteo,Martin Hogg
Comparative Contract Law Book PDF

Author : Larry DiMatteo,Martin Hogg
Publisher : Oxford University Press
Page : 400 pages
File Size : 48,7 Mb
Release : 2015-12-10
Category : Law
ISBN : 9780191044458

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Comparative Contract Law by Larry DiMatteo,Martin Hogg Pdf

Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Vanishing Contract Law

Catherine Mitchell
Vanishing Contract Law Book PDF

Author : Catherine Mitchell
Publisher : Cambridge University Press
Page : 259 pages
File Size : 47,6 Mb
Release : 2022-09
Category : Business & Economics
ISBN : 9781316514139

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Vanishing Contract Law by Catherine Mitchell Pdf

Examines how, despite its past significance and influence, English contract law now faces functional and moral redundancy.

New Frontiers of State Constitutional Law

James A. Gardner,Jim Rossi
New Frontiers of State Constitutional Law Book PDF

Author : James A. Gardner,Jim Rossi
Publisher : Oxford University Press
Page : 190 pages
File Size : 54,7 Mb
Release : 2011-10-24
Category : Law
ISBN : 9780195368321

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New Frontiers of State Constitutional Law by James A. Gardner,Jim Rossi Pdf

Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.