Fault In American Contract Law PDF Download
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Author | : Omri Ben-Shahar |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-08-16 |
Genre | : Law |
ISBN | : 1139493302 |
Download Fault in American Contract Law Book in PDF, ePub and Kindle
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 | : Omri Ben-Shahar |
Publisher | : |
Total Pages | : 338 |
Release | : 2010 |
Genre | : Breach of contract |
ISBN | : 9781107209459 |
Download Fault in American Contract Law Book in PDF, ePub and Kindle
Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.
Author | : |
Publisher | : |
Total Pages | : 260 |
Release | : 2009 |
Genre | : |
ISBN | : |
Download Fault in American Contract Law Book in PDF, ePub and Kindle
Author | : J. Beatson |
Publisher | : |
Total Pages | : 592 |
Release | : 1995 |
Genre | : Breach of contract |
ISBN | : |
Download Good Faith and Fault in Contract Law Book in PDF, ePub and Kindle
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.
Author | : James Gordley |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Contracts |
ISBN | : 9780197686096 |
Download Foundations of American Contract Law Book in PDF, ePub and Kindle
"This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--
Author | : Mo Zhang |
Publisher | : BRILL |
Total Pages | : 495 |
Release | : 2019-12-16 |
Genre | : Law |
ISBN | : 9004414789 |
Download Chinese Contract Law - Theory & Practice, Second Edition Book in PDF, ePub and Kindle
Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Author | : Robert Summers |
Publisher | : Springer Science & Business Media |
Total Pages | : 453 |
Release | : 2013-11-11 |
Genre | : Philosophy |
ISBN | : 9401594074 |
Download Essays in Legal Theory Book in PDF, ePub and Kindle
The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.
Author | : Eric A. Posner |
Publisher | : |
Total Pages | : 21 |
Release | : 2008 |
Genre | : Breach of contract |
ISBN | : |
Download Fault in Contract Law Book in PDF, ePub and Kindle
A promisor is strictly liable for breaching a contract, according to the standard account. However, some cases and doctrines appear to recognize that a promisor will not be liable, or will face reduced damages, if the breach was the result of inadvertence rather than fault or willfulness. A negligencebased system of contract law can be given an economic interpretation, and it is shown that such a system is in some respects more attractive than the strictliability system.
Author | : George Letsas |
Publisher | : Oxford University Press, USA |
Total Pages | : 417 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198713010 |
Download Philosophical Foundations of Contract Law Book in PDF, ePub and Kindle
The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Author | : Steven J. Burton |
Publisher | : Ingram |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Contracts |
ISBN | : 9781634605977 |
Download Principles of Contract Law Book in PDF, ePub and Kindle
Hardbound - New, hardbound print book.