Reasonableness and Responsibility A Theory of Contract Law

Author: Martín Hevia
Publisher: Springer Science & Business Media
ISBN: 9400746059
Format: PDF
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If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

Commercial Contract Law

Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107311209
Format: PDF, ePub, Mobi
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This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.

Textbook on Contract Law

Author: Jill Poole
Publisher: Oxford University Press, USA
ISBN: 0199687226
Format: PDF, Kindle
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Now in its 12th edition, Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for many years. The accessible writing style and focus on key principles and developments in contract law make this text a favourite with students and lecturers alike. The author places the law of contract clearly within its wider context before proceeding to provide a detailed yet accessible treatment of all the key areas encountered when studying contract law.Key features: * Each chapter begins with a summary of key issues, providing an overview of key themes and points of law, and concludes with suggestions for further reading, guiding you towards the most relevant texts and articles * Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues * Headings, case summaries and case extract boxes allow for easy navigation through the text Online Resource Centre Fully supported byan Online Resource Centre which provides: Student Resources * Regular updates on new legislation, cases, and other important developments * Guidance on answering questions in contract law * Self-test questions and answers linked with Casebook on Contract Law Lecturer Resources * A test bank of 300 multiple choice questions with answers and feedback

Equality Responsibility and the Law

Author: Arthur Ripstein
Publisher: Cambridge University Press
ISBN: 9780521003070
Format: PDF, ePub
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Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.

Home Equity and Ageing Owners

Author: Lorna Fox O'Mahony
Publisher: Bloomsbury Publishing
ISBN: 1847319025
Format: PDF, Mobi
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The growing use of housing equity to support a range of activities and needs raises complex issues, particularly for older owners. In an environment in which older owners are pushed towards housing equity transactions to meet income and welfare costs, they are required to make choices from a complex and sometimes bewildering range of options. The transactions which facilitate the use of home equity as a resource to spend in later life - from 'trading down' and 'ordinary' secured and unsecured debt to targeted products including reverse/lifetime mortgages, home reversion plans and sale-and-rentback agreements - raise important legal and regulatory issues. This book provides a contextual analysis of the financial transactions that older people enter into using their housing equity. It traces the protections afforded to older owners through the 'ordinary' law of property and contract, as well as the development of specific regulatory protections focused on targeted products. The book employs the notion of risk to highlight the nature and causes of the 'situational' vulnerabilities to which older people are now subject as 'consumers' of housing equity, showing that the older owner's personal situation is crucial in determining whether and why they may seek to release equity, the options and products available to them, and the impact of harms resulting from adverse transactions. The book critically evaluates the extent to which this context is incorporated in the legal frameworks through which these transactions are governed, as a measure of the 'appropriateness' of existing legal provision, as well as considering the arguments surrounding 'special protection' for older owners in housing equity transactions.

Balancing Reasonable Justice

Author: Ville Päivänsalo
Publisher: Ashgate Publishing, Ltd.
ISBN: 140948520X
Format: PDF, Mobi
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John Rawls's pioneering work of political philosophy A Theory of Justice has had far reaching influence on modern liberal political philosophy. Rawls' sprinciples of justice as fairness: the principle of liberty, the principle of fair equality of opportunity and the famous 'difference principle' have been both heavily criticized and incorporated into other political theories. In this book Päivänsalo both presents a deep analysis of the whole Rawlsian canon and builds upon and goes beyond Rawls's conception by introducing a fresh theoretical framework to clarify and modify different balances of the elements of Rawlsian justice. Justice as fairness is analyzed into its parts and elements, critically examined to find the strongest most favourable interpretations of each principle and in this light the principles are reconstructed and rebalanced in such a way as to resist the most significant criticisms of the Rawlsian project.

Legal Philosophy

Author: Larry May
Publisher: McGraw-Hill Humanities Social
ISBN: 9780767410090
Format: PDF, ePub, Docs
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This anthology introduces students to the major areas of Anglo-American law and to the philosophical attempts to grapple with the theoretical underpinnings of each of these areas from a wide variety of perspectives. In addition, it emphasizes the relatively new voices in the debates: feminists, critical theorists, postmodernists, critical race theorists, and Native Americans.