Rethinking Contract Law And Contract Design PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Rethinking Contract Law And Contract Design PDF full book. Access full book title Rethinking Contract Law And Contract Design.
Author | : Victor P. Goldberg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 301 |
Release | : 2015-02-27 |
Genre | : Law |
ISBN | : 1783471549 |
Download Rethinking Contract Law and Contract Design Book in PDF, ePub and Kindle
Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Author | : Corrales Compagnucci, Marcelo |
Publisher | : Edward Elgar Publishing |
Total Pages | : 480 |
Release | : 2022-05-03 |
Genre | : Law |
ISBN | : 1839102284 |
Download Research Handbook on Contract Design Book in PDF, ePub and Kindle
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
Author | : Victor P. Goldberg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2019-12-27 |
Genre | : Law |
ISBN | : 1789902517 |
Download Rethinking the Law of Contract Damages Book in PDF, ePub and Kindle
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Author | : Victor Goldberg |
Publisher | : Harvard University Press |
Total Pages | : 424 |
Release | : 2012-03-05 |
Genre | : Law |
ISBN | : 0674063929 |
Download Framing Contract Law Book in PDF, ePub and Kindle
The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Author | : Radosveta Vassileva |
Publisher | : |
Total Pages | : 17 |
Release | : 2018 |
Genre | : |
ISBN | : |
Download Contract Law and the Social Contract Book in PDF, ePub and Kindle
As Serbia is on the verge of reforming its law of obligations, it seems interesting to consider the implications of such reform from a comparative perspective. In line with the theme of this year's Kopaonik School of Natural Law, this paper endorses a theoretical approach. It showcases the possible, yet complex links that exist between contract law and social contract theory by building on the work of Lyuben Dikov -- an established Bulgarian authority prior to communism. Although the social contract is a rational concept and not an historical event, the prominence of particular ideas about governance in a jurisdiction, especially at the time key principles of contract were moulded, may provide insights regarding the function that has been attributed to contract law. Then, the paper examines the 'social contracts' embedded in the contract laws of two jurisdictions, which have different paths of historical and social development -- England and Bulgaria, to provide concrete examples of the usefulness of Dikov's theory as a lens of analysis of contract law and to highlight why contract law is not merely a set of technical rules, but indeed forms part of a jurisdiction's social model. Hence it seems relevant to encourage debate on the 'social contract' embedded in the current proposal for a Serbian civil code as the issue has both conceptual and practical implications.
Author | : Catherine E Mitchell |
Publisher | : A&C Black |
Total Pages | : 442 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782253130 |
Download Contract Law and Contract Practice Book in PDF, ePub and Kindle
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.
Author | : Geoffrey Samuel |
Publisher | : Edward Elgar Publishing |
Total Pages | : 368 |
Release | : 2018-08-31 |
Genre | : Law |
ISBN | : 1784712612 |
Download Rethinking Legal Reasoning Book in PDF, ePub and Kindle
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Author | : Jan M. Broekman |
Publisher | : Edward Elgar Publishing |
Total Pages | : 497 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1788976622 |
Download Rethinking Law and Language Book in PDF, ePub and Kindle
The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.
Author | : Steven Mulroy |
Publisher | : Edward Elgar Publishing |
Total Pages | : 200 |
Release | : |
Genre | : |
ISBN | : 1788117514 |
Download Rethinking US Election Law Book in PDF, ePub and Kindle
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
Author | : Prince Saprai |
Publisher | : Oxford University Press |
Total Pages | : 250 |
Release | : 2019-02-28 |
Genre | : Law |
ISBN | : 0191084581 |
Download Contract Law Without Foundations Book in PDF, ePub and Kindle
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.