Scholars Of Contract Law

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Scholars of Contract Law

Author : James Goudkamp,Donal Nolan
Publisher : Bloomsbury Publishing
Page : 437 pages
File Size : 41,7 Mb
Release : 2022-12-01
Category : Law
ISBN : 9781509938483

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Scholars of Contract Law by James Goudkamp,Donal Nolan Pdf

This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Contract Law

Author : Brian Bix
Publisher : Cambridge University Press
Page : 217 pages
File Size : 51,6 Mb
Release : 2012-10-15
Category : Law
ISBN : 9780521850469

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Contract Law by Brian Bix Pdf

This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.

Revisiting the Contracts Scholarship of Stewart Macaulay

Author : Jean Braucher,John Kidwell,William C. Whitford
Publisher : Bloomsbury Publishing
Page : 466 pages
File Size : 52,6 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'.

Contract Law and Economics

Author : Gerrit de Geest
Publisher : Edward Elgar Publishing
Page : 497 pages
File Size : 48,6 Mb
Release : 2010-10
Category : Law
ISBN : 9781849806640

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Contract Law and Economics by Gerrit de Geest Pdf

This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.

Exploring Contract Law

Author : Jason W. Neyers,Richard Bronaugh,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 450 pages
File Size : 44,7 Mb
Release : 2009-05-14
Category : Law
ISBN : 9781847315113

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Exploring Contract Law by Jason W. Neyers,Richard Bronaugh,Stephen G.A. Pitel Pdf

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

Contract in Context

Author : Richard Austen-Baker,Qi Zhou
Publisher : Routledge
Page : 154 pages
File Size : 47,8 Mb
Release : 2014-08-27
Category : Law
ISBN : 9781135096120

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Contract in Context by Richard Austen-Baker,Qi Zhou Pdf

Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.

Perspectives on Contract Law

Author : Randy E. Barnett,Nathan B. Oman
Publisher : Aspen Publishing
Page : 0 pages
File Size : 50,5 Mb
Release : 2018-03-12
Category : Law
ISBN : 1454848138

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Perspectives on Contract Law by Randy E. Barnett,Nathan B. Oman Pdf

Interesting and informative, Perspectives on Contract Law is an anthology of legal scholarship that presents both seminal and cutting-edge writing by luminaries in the field. Featuring selections from a new generation of contracts scholars including Steven J. Burton, Nathan B. Oman, Margaret Radin, and more, along with additional content by Alan Schwartz and Robert E. Scott, this text offers a diversity of articles that reflect a variety of contact theorists and perspectives. Created with the first-year law student in mind, this text provides introductory text and Study Guides that frame each article and helpfully suggest salient themes. A logical and modular organization make this reader suitable for use alongside any contracts casebook.

Changing Concepts of Contract

Author : David Campbell,Linda Mulcahy,Sally Wheeler
Publisher : Springer
Page : 239 pages
File Size : 52,7 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.

JC Smith's the Law of Contract

Author : Paul S. Davies,Paul Davies
Publisher : Oxford University Press
Page : 527 pages
File Size : 51,6 Mb
Release : 2016
Category : Law
ISBN : 9780198733539

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JC Smith's the Law of Contract by Paul S. Davies,Paul Davies Pdf

This seminal text fully modernized by a foremost legal scholar is a clear and accessible introduction to contract law combining detailed case coverage with incisive analysis. It is ideal for students approaching contract law for the first time and covers all essential topics.

The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
Publisher : Duke University Press
Page : 479 pages
File Size : 50,8 Mb
Release : 1999-08-27
Category : Law
ISBN : 9780822380122

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The Fall and Rise of Freedom of Contract by F. H. Buckley Pdf

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Contract Law

Author : Brian H. Bix
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,8 Mb
Release : 2012-10-15
Category : Law
ISBN : 9781139576635

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Contract Law by Brian H. Bix Pdf

To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.

A Selection of Cases on the Law of Contracts

Author : Samuel Williston,C C 1826-1906 Langdell
Publisher : Legare Street Press
Page : 0 pages
File Size : 44,7 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 102140568X

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A Selection of Cases on the Law of Contracts by Samuel Williston,C C 1826-1906 Langdell Pdf

This comprehensive casebook offers a fascinating look at the evolution of contract law through some of the most significant legal cases in history. With detailed summaries and expert analysis by Langdell and Williston, this volume is a vital resource for anyone studying law or interested in the history of contract law in the U.S. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

A Casebook on Contract

Author : Andrew Burrows
Publisher : Bloomsbury Publishing
Page : 960 pages
File Size : 42,7 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781509936168

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A Casebook on Contract by Andrew Burrows Pdf

'...provides everything you want in a case book: a stimulating, thought-provoking and up to date account of contract law. It combines both fantastic academic commentary and superbly selected materials making it simply one of the best contract law casebooks.' Student Law Journal This is the seventh, fully updated, edition of Professor Burrows' Casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used either on its own or to supplement a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum.

A Selection of Cases on the Law of Contracts

Author : Samuel Williston,C C 1826-1906 Langdell
Publisher : Legare Street Press
Page : 0 pages
File Size : 51,9 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1019576731

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A Selection of Cases on the Law of Contracts by Samuel Williston,C C 1826-1906 Langdell Pdf

This comprehensive casebook offers a fascinating look at the evolution of contract law through some of the most significant legal cases in history. With detailed summaries and expert analysis by Langdell and Williston, this volume is a vital resource for anyone studying law or interested in the history of contract law in the U.S. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Landmark Cases in the Law of Contract

Author : Charles Mitchell,Paul Mitchell
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 41,8 Mb
Release : 2008-05-30
Category : Law
ISBN : 9781847317100

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Landmark Cases in the Law of Contract by Charles Mitchell,Paul Mitchell Pdf

Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.