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Contract as Promise

Contract as Promise Author Charles Fried
ISBN-10 9780190240172
Release 2015-04-15
Pages 200
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Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.



From Promise to Contract

From Promise to Contract Author Dori Kimel
ISBN-10 9781841132129
Release 2003
Pages 149
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Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.



Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law Author Gregory Klass
ISBN-10 9780191022081
Release 2014-12-18
Pages 500
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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.



The Choice Theory of Contracts

The Choice Theory of Contracts Author Hanoch Dagan
ISBN-10 9781107135987
Release 2017-04-17
Pages 188
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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.



Promises and Contract Law

Promises and Contract Law Author Martin Hogg
ISBN-10 9781139496056
Release 2011-07-14
Pages
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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.



German Philosophy 1760 1860

German Philosophy 1760 1860 Author Terry Pinkard
ISBN-10 0521663814
Release 2002-08-29
Pages 382
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The first comprehensive modern history of the origins and emergence of German philosophy.



Essays on Contract

Essays on Contract Author P. S. Atiyah
ISBN-10 9780198254447
Release 1990
Pages 396
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These essays, concerning the theory and foundations of contractual liability, have previously only been available from diverse sources, and many were not easily accessible. Professor Atiyah has revised and in some places rewritten the essays in this volume, and has also taken the opportunity to reply to criticism previously made of his work.



The Theory of Contract Law

The Theory of Contract Law Author Peter Benson
ISBN-10 0521640385
Release 2001-02-05
Pages 349
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Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.



Contract Law and Contract Practice

Contract Law and Contract Practice Author Catherine Mitchell
ISBN-10 9781782253136
Release 2014-07-18
Pages 308
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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.



Comparative Contract Law

Comparative Contract Law Author Pier Giuseppe Monateri
ISBN-10 9781785369179
Release 2017-04-28
Pages 576
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This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.



The Dignity of Commerce

The Dignity of Commerce Author Nathan B. Oman
ISBN-10 9780226415666
Release 2017-01-19
Pages 304
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Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.



Contract Theory

Contract Theory Author Stephen A. Smith
ISBN-10 0198765614
Release 2004
Pages 450
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Smith presents an examination of our understanding of the theoretical foundations of the common law of contract. The book helps readers understand the nature of the idea and justification of contractual obligation.



Thinking in Promises

Thinking in Promises Author Mark Burgess
ISBN-10 9781491918494
Release 2015-06-23
Pages 194
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Imagine a set of simple principles that could help you to understand how parts combine to become a whole, and how each part sees the whole from its own perspective. If such principles were any good, it shouldn’t matter whether we’re talking about humans on a team, birds in a flock, computers in a datacenter, or cogs in a Swiss watch. A theory of cooperation ought to be pretty universal, so we should be able to apply it both to technology and to the workplace. Such principles are the subject of Promise Theory, and the focus of this insightful book. The goal of Promise Theory is to reveal the behavior of a whole from the sum of its parts, taking the point of the parts rather than the whole. In other words, it is a bottom-up, constructionist view of the world. Start Thinking in Promises and find out why this discipline works for documenting system behaviors from the bottom-up.



The Choice Theory of Contracts

The Choice Theory of Contracts Author Hanoch Dagan
ISBN-10 9781108210805
Release 2017-04-17
Pages
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This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.



Law Express Tort Law Revision Guide

Law Express  Tort Law  Revision Guide Author Emily Finch
ISBN-10 9781292018089
Release 2014-08-01
Pages 288
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The Law Express series is designed to help you revise effectively. This book is your guide to understanding essential concepts, remembering and applying key legislation and making your answers stand out!



A Casebook on Contract

A Casebook on Contract Author Andrew Burrows
ISBN-10 9781782251446
Release 2013-06-21
Pages 898
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This is the fourth, 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 in conjunction with 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. Praise for previous editions: "Excellent update. Continues to be the best Text, Cases and Materials volume out there.?? Jeremias Prassl, St John's College, Oxford "The most up-to-date text. Student friendly?Excellent coverage of the case law.?? Dr Benjamin Andoh, Southampton Solent University, Law School "An outstanding casebook: concise extracts that capture all relevant aspects, clear and helpful comments, and up-to-date and well-selected suggestions for further reading.?? Florian Wagner Von Papp, University College London "Probably the best and most straightforward text, with very good commentary and overview of further reading'' Ewan McGaughey, King's College, London "?simply excellent, as it has case comments and insightful questions?to work out tutorial problems Burrows is essential." Anca Chirita, Durham Law School "Clear, comprehensive, incisive and up-to-date." Professor Joshua Getzler, St Hugh's College, Oxford



Chinese Contract Law

Chinese Contract Law Author Mo Zhang
ISBN-10 9789004150416
Release 2006
Pages 372
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This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.