Reconstructing Contracts

Author: Douglas G. Baird

Publisher: Harvard University Press

ISBN: 0674073584

Category: Law

Page: 182

View: 2933


Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

A Theory of Contract Law

Empirical Insights and Moral Psychology

Author: Peter A. Alces

Publisher: Oxford University Press

ISBN: 0199707596

Category: Law

Page: 348

View: 2989


In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.

The Unity of the Common Law

Author: Alan Brudner

Publisher: OUP Oxford

ISBN: 0191002542

Category: Law

Page: 340

View: 8881


In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.

Contract Law

Rules, Theory, and Context

Author: Brian H. Bix

Publisher: Cambridge University Press

ISBN: 1139576631

Category: Law

Page: N.A

View: 6659


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.

Contracts Stories

Author: Douglas G. Baird

Publisher: Foundation Press


Category: Law

Page: 362

View: 9328


"In this offering, the editors are joined by other leading contracts scholars in placing the major cases in contract law in their historical and cultural context. Each of the 11 short and readily accessible chapters provides newly uncovered facts about and insights into the cases that lie at the core of the first-year contracts class. Long-standing puzzles are answered and these answers in turn are linked to the larger political and social forces at work, demonstrating how these forces have shaped the evolution of contract law."--Publisher's website.

Freedom of Contract and Paternalism

Prospects and Limits of an Economic Approach

Author: P. Cserne

Publisher: Springer

ISBN: 1137000325

Category: Business & Economics

Page: 194

View: 2163


A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.

Equitable Law of Contracts

Standards and Principles

Author: Larry A. DiMatteo

Publisher: Brill - Nijhoff


Category: Law

Page: 310

View: 5545


This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times. In support of his thesis Professor DiMatteo plumbs the deepest currents of common law and civil law practice in every age, showing how the principles of justice formulated by Aristotle, Augustine, Aquinas, Kant, Hegel, Weber, and other influential thinkers have become manifest in such underlying equitable contract principles as just price," unconscionability, and reasonableness. A classroom adoption price is available. Published under the Transnational Publishers imprint."

Fahrenheit 9-12

Rebuttal to Fahrenheit 9/11

Author: Aaron Reichel Esq.

Publisher: iUniverse

ISBN: 9780595785346

Category: Humor

Page: 170

View: 9669


The film Fahrenheit 9/11 convinces nearly all who see it-and believe it-that George Bush was unfit to lead on 9/11 and beyond. Fahrenheit 9-12-this book-convinces nearly all who read it that a review of the sources of virtually every frame and every claim in the film reveals that virtually everything in Fahrenheit 9/11 is arguably misleading or inaccurate. Fahrenheit 9-12 is not for everyone-it is just for those intellectually honest people who hate President Bush, as well as for those who do not. The Bush-bashers are doomed to four years of misery and frustration unless the distortions on which they base their bashes will be exposed to them. Fahrenheit 9-12 brings relief to those who have taken Michael Moore's criticisms of President Bush to heart, and who have suffered heartache or heartburn ever since. Many people who do not hate President Bush will be relieved and reinvigorated once they discover the lack of merit of most of the film's assaults on Bush's character, intelligence, and judgment. Readers who saw or boycotted Moore's film can appreciate Reichel's rebuttals enough to want to show his book to-or buy copies for-friends, colleagues, team-mates, teachers, students, and/or relatives who believe that Fahrenheit 9/11-the film-deserves even a fraction of the respect, acclaim and/or popularity it has received, thereby reducing tension in many personal or even professional relationships. Fahrenheit 9-12-this book-replaces ad hominem discord with rational discourse.

Sanctity of contracts revisited

a study in the theory and practice of long-term international commercial transactions

Author: Nagla Nassar

Publisher: Kluwer Law Intl


Category: Business & Economics

Page: 297

View: 5199


This work contributes To The theory and practice of long-term international commercial transactions ('LTICTs'). Such transactions are becoming more of the norm than the exception in the sphere of international trade, since they are the most appropriate tool for meeting the demands of an ever-increasing sophistication in prevailing technology and financial techniques. They mobilize financial, operational and manpower capacities which are beyond the means of any single enterprise. it is this enormous increase in the use of LTICTs that makes a study of their conceptual basis one of significant importance and interest. This work explores the conceptual basis of these contracts, and analyzes international arbitral practice involving LTICTs in pursuit of defining the nature and content of such transactions. This work will appeal to practitioners and theorists interested in arbitration, providing them with a coherent structure of the theory and practice relating To The performance of LTICTs.

The Limits of Freedom of Contract

Author: M. J. Trebilcock

Publisher: Cambridge : Harvard University Press


Category: Law

Page: 310

View: 1017


Our Legal System is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, Michael Trebilcock argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, pornography, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts? Finally, do people always know their own preferences, many of which may be socially conditioned? These are only a few of the issues Trebilcock explores in this sweeping analysis of the private ordering model of contract law and the major theoretical camps critiquing it, including the communication and the feminist. He examines the implication that the private ordering paradigm simultaneously promotes autonomy and welfare values, and argues that in many contexts the convergence of these values is much more contestable than its proponents claim. The book treats all the conflicting perspectives with care, acknowledging both their strengths and their weaknesses, and using them to illuminate many specific dilemmas. Trebilcock also pays close attention to how various theories may be translated into practice, revealing that ideas which appear to oppose each other at an abstract level are in fact similar when implemented at the institutional level. In conclusion, Trebilcock argues that we need to be more alert to the possibility of adopting public policies that broaden access to market opportunities for the disadvantaged. Economists, lawyers, politicalscientists, philosophers, and policy analysts will all benefit from reading this brilliant synthesis and reinterpretation of contract law.

Good faith and fault in contract law

Author: J. Beatson,Daniel Friedmann

Publisher: Oxford University Press, USA


Category: Law

Page: 531

View: 7349


This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.

Reconstructing the American Welfare State

Author: David Stoesz,Howard Jacob Karger

Publisher: Rowman & Littlefield

ISBN: 9780847677276

Category: Social Science

Page: 197

View: 6972


'. . . the book makes clear that there is a consensus on the need for and desire for change'-PUBLIC ADMINISTRATION REVIEW

Hegel and Law

Author: Michael Salter

Publisher: Dartmouth Publishing Company


Category: Law

Page: 453

View: 2808


Hegel and Law brings together a collection of essays on the contemporary relevance of, and outstanding issues in, Hegel's legal theory. Particular attention is paid to the different parts of the legal curriculum which Hegelian analysis could contribute to in a positive manner. The book also features a full-length introduction by the editor, which outlines the relevance of the essays chosen.

Reconstructing Fame

Sport, Race, and Evolving Reputations

Author: David C. Ogden

Publisher: Univ. Press of Mississippi

ISBN: 1617030449

Category: Biography & Autobiography

Page: 140

View: 8599


With contributions by Prosper Godonoo, Urla Hill, C. Richard King, David J. Leonard, Jack Lule, Murry Nelson, David C. Ogden, Robert W. Reising, and Joel Nathan Rosen Reconstructing Fame: Sport, Race, and Evolving Reputations includes essays on Jackie Robinson, Roberto Clemente, Curt Flood, Paul Robeson, Jim Thorpe, Bill Russell, Tommie Smith, and John Carlos. The essayists in this volume write about twentieth-century athletes whose careers were affected by racism and whose post-career reputations have improved as society's understanding of race changed. Contributors attempt to clarify the stories of these sports stars and their places as twentieth-century icons by analyzing the various myths that surround them. When media, fans, sports leagues, and the athletes themselves commemorate sports legends, shifts in popular perceptions often serve to obscure an athlete's role in history. Such revisions can lack coherence and trivialize the efforts of some legendary competitors and those associated with them. Adding racial tensions to this process further complicates the task of preserving the valuable achievements of key players.

Good Faith in Contract

Concept and Context

Author: Roger Brownsword,Norma J. Hird,Geraint G. Howells

Publisher: Dartmouth Publishing Company

ISBN: 9781855219250

Category: Law

Page: 326

View: 8381


In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach. The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.