Contract as Promise

Author: Charles Fried
Publisher: Oxford University Press
ISBN: 0190240172
Format: PDF, Docs
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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

Author: Dori Kimel
Publisher: Hart Publishing
ISBN: 1841132128
Format: PDF, Kindle
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The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.

Philosophical Foundations of Contract Law

Author: Gregory Klass
Publisher: Oxford University Press, USA
ISBN: 0198713010
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"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).


Author: James F. Hogg
Publisher: West Academic
Format: PDF, Mobi
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This volume tracks statutory and Restatement references in HOGG, BISHOP & BARNHIZER, CONTRACTS: CASES AND THEORY ON CONTRACTUAL OBLIGATION (2007) and is suitable for any Contracts course. The text provides selected sections of the Restatement (Second) of Contracts and UCC Art. 1 & 2, as well as substantial selections from Revised UCC Art. 1 (2001) & Art. 2 (2003) and the Restatement (First) of Contracts. Additional materials include selections from the Uniform Electronic Transactions Act, Electronic Signatures in Global and National Communications Act, UNIDROIT (2004), Federal Arbitration Act, CISG, and the Peoples' Republic of China Contract Code (1999).

A Theory of Contract Law

Author: Peter A. Alces
Publisher: Oxford University Press, USA
ISBN: 0195371607
Format: PDF, ePub, Mobi
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In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. This title confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures.

Vitiation of Contracts

Author: Gareth Spark
Publisher: Cambridge University Press
ISBN: 1139620452
Format: PDF, ePub
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Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Europ isches Vertragsrecht

Author: Reiner Schulze
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832959548
Format: PDF, Mobi
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Den Kerngebieten des BGB und des HGB liegt heute das Europaische Vertragsrecht zugrunde - vom Verbraucherschutz uber das Kaufrecht bis zum Handelsvertreterrecht. Der Vorschlag der Europaischen Kommission hat zu einer eigenen europaischen Systematik auf diesem Gebiet gefuhrt. Das vorliegende Lehrbuch enthalt erstmals eine Gesamtdarstellung des Europaischen Vertragsrechts und - gibt einen umfassenden Uberblick uber alle Kernbereiche des Vertragsrechts auf europaischer Ebene. - bezieht die aktuellen Entwicklungen hinsichtlich des Vorschlags der Kommission fur ein Gemeinsames Europaisches Kaufrecht mit ein. - erleichtert den Lesern durch den Abdruck der einschlagigen Rechtstexte und Urteilspassagen den Zugang zu dieser noch sehr neuen Materie. - berucksichtigt den Kommissionvorschlag fur das Gemeinsame Europaische Kaufrecht, die neue Verbraucherrechte-Richtlinie und den Entwurf des Gemeinsamen Referenzrahmens.

Contract as Assumption

Author: Brian Coote
Publisher: Bloomsbury Publishing
ISBN: 184731578X
Format: PDF, ePub, Docs
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It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.