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The Theory of Contract Law

The Theory of Contract Law
Author: Peter Benson
Publisher: Cambridge University Press
Total Pages: 365
Release: 2001-02-05
Genre: Law
ISBN: 0521640385

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Essays addressing a variety of issues in the theory and practice of contract law.


Contracts

Contracts
Author: Daniel P. O'Gorman
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781531027667

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Contracts: The Law of Promises is a casebook for first-year contracts courses. Its emphasis is on presenting contract law in an easily understandable way so students can spend most of their time mastering the application of the rules, rather than seeking to discover the rules. The casebook includes an appendix with the most important black letter rules and over 600 examples throughout the book showing how the rules are applied. Before each case, textual material explains the law and its application, with further emphasis on explaining each of the elements of the doctrine being discussed. Key points and chapter "takeaways" are included to help students know if they are recognizing which principles are particularly important. Cases have been chosen based on the clarity of the court's analysis and have been abridged to exclude irrelevant material. The cases included provide for interesting classroom discussions, but classic cases have been retained as well. Numerous problems are included, typically based on real cases, so that professors can use them in class to further students' understanding of how the rules are applied. Common student mistakes are also highlighted. Theory is covered, but kept to a minimum. Contracts: The Law of Promises will enable students to come to class with a firm grasp of the black letter law and a general understanding of how the rules are applied, enabling professors to devote more class time to discussion and less time to lecturing. The second edition includes expanded coverage of electronic contracting and explanations of the 2022 amendments to Article 2 of the Uniform Commercial Code and the 2022 Restatement of Consumer Contracts. Core Knowledge for Lawyers content for this book will be available in Fall 2024.


Promises and Contract Law

Promises and Contract Law
Author: Martin Hogg
Publisher: Cambridge University Press
Total Pages: 545
Release: 2011-07-14
Genre: Law
ISBN: 1139496050

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Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.


Contract as Promise

Contract as Promise
Author: Charles Fried
Publisher: Oxford University Press, USA
Total Pages: 220
Release: 2015
Genre: Business & Economics
ISBN: 0190240164

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'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.


Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law
Author: George Letsas
Publisher: Oxford University Press, USA
Total Pages: 417
Release: 2014
Genre: Law
ISBN: 0198713010

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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.


The Enforceability of Promises in European Contract Law

The Enforceability of Promises in European Contract Law
Author: James Gordley
Publisher: Cambridge University Press
Total Pages: 516
Release: 2009-04-09
Genre: Law
ISBN: 9780521108683

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Professor James Gordley opens this volume with a concise history of the legal status of promises. In the central part of the book legal experts examine how twelve modern European legal systems deal with fifteen concrete situations in which a promise may not be enforceable--situations that include gifts, loans, bailments, houses, rewards, and brokerage contracts. Despite differences in legal doctrine, the volume reveals similarities in the results. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.


From Promise to Contract

From Promise to Contract
Author: Dori Kimel
Publisher: Hart Publishing
Total Pages: 160
Release: 2003-03-14
Genre: Law
ISBN: 1841132128

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The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.


Love's Promises

Love's Promises
Author: Martha M. Ertman
Publisher: Beacon Press
Total Pages: 281
Release: 2016-05-24
Genre: Family & Relationships
ISBN: 0807059404

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Blends memoir and legal cases to show how contracts can create family relationships Most people think of love and contracts as strange bedfellows, or even opposites. In Love’s Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls “deals.” Family law should and often does recognize that variety because legal rules, like relationships, aren’t one size fits all. The most common form of family—which Ertman calls “Plan A”—come into being through different kinds of agreements than the more uncommon families that she dubs “Plan B.” Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different. After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people—straight and gay, married and single, related by adoption or by genetics—use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as “family” are legally recognized as family in the eyes of the law. Family exchanges can be substantial, like vows of fidelity, or small, like “I cook and you clean.” But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love’s Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.


Calculating Promises

Calculating Promises
Author: Roy Kreitner
Publisher: Stanford University Press
Total Pages: 268
Release: 2006-12-08
Genre: Law
ISBN: 9780804768054

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This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.


Anson's Law of Contract

Anson's Law of Contract
Author: Sir William Reynell Anson
Publisher: Oxford University Press, USA
Total Pages: 850
Release: 2010-08-19
Genre: Law
ISBN: 0199593337

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This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.