Fault in American Contract Law

Author: Omri Ben-Shahar
Publisher: Cambridge University Press
ISBN: 1139493302
Format: PDF, ePub, Docs
Download Now
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

Good Faith and Fault in Contract Law

Author: Jack Beatson
Publisher: Oxford University Press
ISBN: 0198265786
Format: PDF, ePub
Download Now
This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. Thework will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.

Principles of Contract Law

Author: Steven Burton
Publisher: West Academic Publishing
ISBN: 9781634605977
Format: PDF, ePub, Mobi
Download Now
This compact casebook is designed for one-semester contracts classes. It helps students synthesize groups of related cases by focusing attention on the principles, policies, and rules of contract law. It employs many transitions and notes written for the students, rather than excerpting works written for professors or practitioners. Questions are limited to central issues to avoid overwhelming and losing the students. This revision is a thorough makeover that brings everything up to date, and includes a variety of recent cases, dealing with issues such as electronic communications and Internet contracting, while retaining the brevity and "principles approach" of earlier editions.

Seduction by Contract

Author: Oren Bar-Gill
Publisher: Oxford University Press
ISBN: 019966336X
Format: PDF, ePub, Mobi
Download Now
Seduction by Contract explains how consumer contracts emerge from market forces and consumer psychology. Consumers' predictable mistakes - they are short-sighted, optimistic, and imperfectly rational - compel sellers to compete by hiding the true costs of products in complex, misleading contracts. Only better law can overcome the market's failure.

Comparative Contract Law

Author: Pier Giuseppe Monateri
Publisher: Edward Elgar Publishing
ISBN: 1785369172
Format: PDF, ePub, Docs
Download Now
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.

Problems in Contract Law

Author: Charles L. Knapp
Publisher: Wolters Kluwer Law & Business
ISBN: 1454877316
Format: PDF, ePub, Mobi
Download Now
Problems in Contract Law: Cases and Materials, offers a balance of traditional and contemporary cases that reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context. Questions and problem exercises bridge theory and practice. Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry.

Contract Law in America

Author: Lawrence M. Friedman
Publisher: Quid Pro Books
ISBN: 1610279786
Format: PDF
Download Now
Contract law as applied in the real world and not just in the law books: the classic study of the social and economic realities of contracts in commercial and trade cases, told through case studies and rich historical analysis. A recognized and oft-cited study in law & society, this volume previously hid out as a rare book or was completely unavailable. Now readily accessible and reasonably priced, it also features a new preface by the author and a new, analytical foreword by Stewart Macaulay.

Contract Law Minimalism

Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Format: PDF, Kindle
Download Now
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Fault Lines

Author: David M. Engel
Publisher: Stanford University Press
ISBN: 0804771200
Format: PDF, Kindle
Download Now
Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.