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Author: Robert S. Summers Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 1140
Book Description
This casebook focuses not only on the rules and principles of contract law, but also on the lawyer's role in planning and drafting contracts and on the richness of contract theory. It has comprehensive coverage of contract law and related obligation, the latter including promissory estoppel, restitution, and tort arising in the contract setting. This book is primarily a case book designed to help students develop important analytical and critical skills, but also has ample notes, problems, and excerpts that focus on the nature, function, and limits of contract and related law. Features of the new Fifth Edition include: several recent cases that bring important issues up to date; new notes and comments about recent developments in contract law and recent contract controversies in the news; and new excerpts from the secondary literature focusing on major recent developments.
Author: Robert S. Summers Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 1140
Book Description
This casebook focuses not only on the rules and principles of contract law, but also on the lawyer's role in planning and drafting contracts and on the richness of contract theory. It has comprehensive coverage of contract law and related obligation, the latter including promissory estoppel, restitution, and tort arising in the contract setting. This book is primarily a case book designed to help students develop important analytical and critical skills, but also has ample notes, problems, and excerpts that focus on the nature, function, and limits of contract and related law. Features of the new Fifth Edition include: several recent cases that bring important issues up to date; new notes and comments about recent developments in contract law and recent contract controversies in the news; and new excerpts from the secondary literature focusing on major recent developments.
Author: Peter M. Gerhart Publisher: Cambridge University Press ISBN: 1009038729 Category : Law Languages : en Pages : 233
Book Description
When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
Author: Nathan Oman Publisher: University of Chicago Press ISBN: 022641552X Category : Business & Economics Languages : en Pages : 312
Book Description
The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) Publisher: ISBN: 9781680923025 Category : Languages : en Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Zvonimir Slakoper Publisher: Routledge ISBN: 1000432602 Category : Law Languages : en Pages : 234
Book Description
Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.
Author: ROBERT S.. HILLMAN SUMMERS (ROBERT A.. HOFFMAN, DAVID A.) Publisher: West Academic Publishing ISBN: 9781684670154 Category : Languages : en Pages : 1275
Book Description
This casebook focuses on the rules and principles of contract law, as well as the lawyer's role in planning and drafting contracts. Chapter One traces a contract case from the agreement stage, to a breakdown in the parties' relationship, to a lawsuit, to a decision in the trial court, and finally to the appellate court's opinion. It includes supporting material, including the parties' agreement, a correspondence from the lawyer to the client, the complaint, a motion to dismiss, the answer, the trial judge's charge to the jury, the special verdict form, the trial judge's decision on motions after the verdict, and the appellate court opinion. These materials help students understand where cases come from and lawyers' various roles, including planning, negotiating, counseling, drafting, as well as litigating. Following the introduction, this casebook presents extensive material on the theory and practice of transactional planning and drafting, as well as additional materials from lawyers involved in the cases. The Eighth Edition offers comprehensive coverage of contract law theories of obligation, including bargain, promissory estoppel, unjust enrichment, and tort arising in the contract setting. This edition includes new cases and secondary sources on developing issues of contract law. In particular, the casebook introduces several new readings on electronic contracts, algorithmic contracting, and the relationship of contracting to public health. Many of the secondary readings have been condensed and summarized, and the overall book has been streamlined. The casebook retains its strength in traditional subjects such as good faith, parol evidence, gap filling, conditional obligation, and breach, but the Eighth Edition contains fewer pages (and one less chapter) than earlier editions and is suitable for a 4, 5 or 6 hour course.
Author: Siel Demeyere Publisher: Property Law ISBN: 9781780689166 Category : Real property Languages : en Pages : 0
Book Description
This book extensively analyses obligations connected to property rights, or 'real obligations', in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners. A real obligation differs in several aspects from a personal obligation. A real obligation is for instance so closely connected to a property right that the obligation transfers automatically to the transferee of the property right. After defining real obligations and the exclusion of several related legal mechanisms in Part I, the regime of real obligations is analysed in Part II. The liability of both the transferor and transferee for real obligations, which are for many property rights underregulated, for instance, are analysed in detail. Those findings are applied to the specific property rights in Part III, so that particular problems for a specific property right are also analysed and, where possible, solved. For instance the role of party autonomy in the creation of a long lease right is studied. Also the different obligations which can be connected to a servitude are delineated. Part IV deals with legal mechanisms most of which have recently been introduced, allowing to connect obligations to a piece of property, outside the traditional framework of property rights, such as the Dutch 'qualitative obligation' and the French obligation relle environnementale. The book ends with a discussion of the possibility and desirability of the (broader) introduction of such real obligations, which could entail the introduction of new property rights sui generis.
Author: Robert S. Summers
Author: Robert S. Summers
Author: Robert S. Summers
Author: Robert S. Summers
Author: Peter M. Gerhart
Author: Nathan Oman
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Author: Zvonimir Slakoper
Author: ROBERT S.. HILLMAN SUMMERS (ROBERT A.. HOFFMAN, DAVID A.)
Author: Elmer T. Rabuya
Author: Siel Demeyere