Author: Lawrence M. Friedman Publisher: Quid Pro Books ISBN: 1610279786 Category : Law Languages : en Pages : 465
Book Description
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.
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: Claire-Michelle Smyth Publisher: Business Expert Press ISBN: 1631579282 Category : Business & Economics Languages : en Pages : 206
Book Description
This text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract-from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo-American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions-those that incorporate elements of both the common law and civilian traditions. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law, as well as to speak confidently when discussing the intricacies of the subject.
Author: James Gordley Publisher: ISBN: 9780197686096 Category : Contracts Languages : en Pages : 0
Book Description
"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: J. R. Pole Publisher: University of Virginia Press ISBN: 0813928923 Category : Law Languages : en Pages : 444
Book Description
In Contract and Consent, the renowned legal historian J. R. Pole posits that legal history has become highly specialized, while mainstream political and social historians frequently ignore cases that figure prominently in the legal literature. Pole makes a start at remedying the situation with a series of essays that reintegrate legal with political and social history. A central theme of the essays is the link between Anglo-American common law and contract law and American political and constitutional principles. Pole also emphasizes the political functions of legal institutions in English and American history, going so far as to suggest that we need to divest ourselves of any notion of the separation of powers. Instead, we need to acknowledge the historical role of courts, juries, and the common law as agencies of political representation and as promulgators of law and policy. Other essays show the implications of independence for American law, and how American political scientists converted the concept of sovereignty from its authoritarian claims in the eighteenth century into a product of the political process in the nineteenth and twentieth centuries. Although the American colonies made their own versions of the common law,there was no simple division between "English" and "American" law. But it was of fundamental importance that an entitled, landed aristocracy was never imported into or allowed to take root in America, with the result that American law was much simpler than its English counterpart, with the latter's accretion of esoteric language and procedures. Having established the basis of Anglo-American legal history in contract and common law in part one, in the second half of the volume Pole explores various constitutional and legal themes, from bicameralism in Britain and America and the role of the Constitution in the making of American nationality to the performance of representative institutions in the century following the American Revolution.
Author: Robert Summers Publisher: Springer Science & Business Media ISBN: 9401594074 Category : Philosophy Languages : en Pages : 453
Book Description
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.