Contract Theory

Author: Stephen A. Smith
Publisher: OUP Oxford
ISBN: 0191018813
Format: PDF, ePub, Docs
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This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.

Contract Law

Author: Brian H. Bix
Publisher: Cambridge University Press
ISBN: 1139576631
Format: PDF, Mobi
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To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.

The Dignity of Commerce

Author: Nathan B. Oman
Publisher: University of Chicago Press
ISBN: 022641566X
Format: PDF, Docs
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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.

Atiyah s Introduction to the Law of Contract

Author: Stephen A. Smith
Publisher: OUP Oxford
ISBN: 0191018244
Format: PDF, ePub, Mobi
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Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.

An Introduction to the Law of Contract

Author: P. S. Atiyah
Publisher: Oxford University Press
ISBN: 9780198259534
Format: PDF, Kindle
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The last edition of this book saw a major restructuring of the whole work, and in particular, to stress the resurgence of freedom of contract ideology, and to introduce some basic economic issues in contract law. In this edition, the general shape and structure of the book have been left untouched, although as with previous editions, the whole work has been completely updated and modernized by replacing old and outdated examples with more modern questions with which the student may be assumed to be more familiar. The aims of the book remain unchanged: to supply a basic introduction, not merely to the law of contract, but also to theories and policies and ideas underlying the subject. In addition, the author has constantly resorted to a modern historical approach, giving the student some sense of how the law has developed over the past 100 years or so. widely recognized as one of the most interesting and innovative books to have been published in the last 25 years, An Introduction to the Law of Contract remains as popular today with students and their teachers as it was when it was first published.

A Theory of Contract Law

Author: Peter A. Alces
Publisher:
ISBN: 9780199893447
Format: PDF, Kindle
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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.

The Philosophical Origins of Modern Contract Doctrine

Author: James Gordley
Publisher: Clarendon Press
ISBN: 0191029610
Format: PDF, Mobi
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This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.

Philosophy of Private Law

Author: William Lucy
Publisher: Oxford University Press, USA
ISBN: 0198700687
Format: PDF, Kindle
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On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the natureand foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the booka number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.