Fault In American Contract Law

Author : Omri Ben-Shahar
Publisher : Cambridge University Press
ISBN 13 : 1139493302
Total Pages : pages
Book Rating : 4.07/5 ( download)

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Download or read book Fault in American Contract Law written by Omri Ben-Shahar and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Omri Ben-Shahar
Publisher :
ISBN 13 : 9781107209459
Total Pages : 338 pages
Book Rating : 4.55/5 ( download)

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Download or read book Fault in American Contract Law written by Omri Ben-Shahar and published by . This book was released on 2010 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.

Author : J. Beatson
Publisher :
ISBN 13 :
Total Pages : 592 pages
Book Rating : 4.48/5 ( download)

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Download or read book Good Faith and Fault in Contract Law written by J. Beatson and published by . This book was released on 1995 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.

Author : James Gordley
Publisher :
ISBN 13 : 9780197686096
Total Pages : 0 pages
Book Rating : 4.95/5 ( download)

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Download or read book Foundations of American Contract Law written by James Gordley and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--

Author : Robert Summers
Publisher : Springer Science & Business Media
ISBN 13 : 9401594074
Total Pages : 453 pages
Book Rating : 4.73/5 ( download)

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Download or read book Essays in Legal Theory written by Robert Summers and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.

Author : Mo Zhang
Publisher : BRILL
ISBN 13 : 9004414789
Total Pages : 495 pages
Book Rating : 4.85/5 ( download)

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Download or read book Chinese Contract Law - Theory & Practice, Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.

Author : Melvin A. Eisenberg
Publisher : Oxford University Press
ISBN 13 : 0199875677
Total Pages : 504 pages
Book Rating : 4.72/5 ( download)

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Download or read book Foundational Principles of Contract Law written by Melvin A. Eisenberg and published by Oxford University Press. This book was released on 2018-09-20 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.

Author : Brian Bix
Publisher : Cambridge University Press
ISBN 13 : 0521850460
Total Pages : 217 pages
Book Rating : 4.69/5 ( download)

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Download or read book Contract Law written by Brian Bix and published by Cambridge University Press. This book was released on 2012-10-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.

Author : Randall Kennedy
Publisher : MIT Press
ISBN 13 : 0262545683
Total Pages : 660 pages
Book Rating : 4.86/5 ( download)

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Download or read book Contracts, third edition written by Randall Kennedy and published by MIT Press. This book was released on 2023-04-11 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: A casebook to be used as the primary text for first-year law school contracts courses, written by a leading scholar in contract law. Renting a home, buying a ticket, downloading an app—humans enter into contracts constantly, often with little consciousness of the legal implications. We typically become alert to the consequences only when a problem arises. Contracting can increase our happiness by enabling us to do things that we would be otherwise unable to do, but heartbreak follows when things go wrong. This casebook, which can be used as a primary text for a first-year law school contracts course, covers a wide spectrum of quandaries that emerge in contract law, from problems of overreach and interpretation to enforcement and fraud. Taken together, these cases offer an exploration of contract pathology and introduce students to concepts that are essential to understanding the vast subject of Anglo-American contract law. This book is part of the Open Casebook series from Harvard Law School Library and the MIT Press. Primary text for a first-year law school contracts course Developed for use at Harvard Law School by a leading scholar in contract law Diverse cases show differing approaches to a range of problems within contracting Classroom tested

Author : American Law Institute
Publisher :
ISBN 13 :
Total Pages : 942 pages
Book Rating : 4.24/5 ( download)

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Download or read book Restatement of the Law of Contracts written by American Law Institute and published by . This book was released on 1932 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: