The Capability Problem in Contract Law PDF Download

Author: Richard Danzig
Publisher:
ISBN:
Category :
Languages : en
Pages : 254

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Book Description

Author: Richard Danzig
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 402

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Book Description
This casebook provides detailed information on contract law. The casebook provides the tools for fast, easy, on-point research. It includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180

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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: Charles L. Knapp
Publisher: Aspen Publishing
ISBN: 1543811027
Category : Law
Languages : en
Pages : 1657

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Book Description
In Problems in Contract Law: Cases and Materials, Ninth Edition, by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince, a balance of traditional and contemporary cases reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context, while 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. New to the Ninth Edition: Seven new cases that reflect advances in or improved statements of contract law Two restored cases (Kirksey v. Kirksey and Hill v. Jones) that provide valuable perspectives on fundamental areas of contract law Eight new problems (including seven net additions and one replacement) to provide more review options for teachers and students and to add contemporary fact patterns A new, two-color design featuring interesting photographs illustrating people and places discussed in some of the cases Editing of note and text material to reduce length without affecting coverage Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors flexibility in assigning or deleting comments Student accessibility to deleted cases from prior editions through Connected Casebook, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference Professors and students will benefit from: Flexible application for professors with various teaching methodologies: traditional, problem, theoretical, and practical A mixture of classic and contemporary cases The authors’ emphasis on accessibility of the material—rejecting a hide-the-ball approach Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.

Author: Michael Malloy
Publisher: West Academic Publishing
ISBN: 9781647085476
Category : Contracts
Languages : en
Pages : 0

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Book Description
This book brings contract law to life through contemporary problems to help students build a skill set they can use in practice. In the real world of practice, abstract contract principles are applied to specific factual settings. Facts don't arrive pre-digested and regurgitated for baby birds or law associates. This book pickpockets life for real-world documents and contemporary situations, like the pandemic, to help students learn how contract law works in practice. Each chapter provides concise discussion of a specific topic or issue in contract law and a realistic, documented problem that provides a base for students and enough material for traditional Socratic method teaching. Imperfect but real contracts will give students the chance to see how client counseling, fact-gathering and careful crafting of contract language can help clients avoid disputes. Stories from art, sports and Internet games make the contract concepts vivid and memorable to facilitate student engagement and productive classroom discussion.

Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Category : Law
Languages : en
Pages : 314

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Book Description
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.

Author: Charles L. Knapp
Publisher: Aspen Publishing
ISBN: 1543856314
Category : Law
Languages : en
Pages : 1519

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Book Description
Problems in Contract Law: Cases and Materials, by Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, Danielle K. Hart, and Joshua M. Silverstein, includes cases with notes and explanatory text, additional commentary, essay, and short-answer problems, and multiple-choice review questions for each chapter. The cases selected are a balance of traditional and contemporary that reflect the development and complexity of contract law. Explanatory notes and text place the classic and newer decisions in their larger legal context. Questions and problems provide opportunities to practice core legal skills and encourage students to explore the relationship between theory and practice. This successful book is well known for approaching contract law and theory from multiple perspectives and using a variety of contractual settings. Adaptable for instructors with different pedagogical philosophies, Problems in Contract Law can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the 10th Edition: Five new principal cases that reflect advances in or improved statements of contract law. One restored principal case (Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.) that provides valuable perspectives on a fundamental area of contract law. Twelve new problems, including several shorter problems, to provide more review options for teachers and students and to add contemporary fact patterns. Eight new tables and flow charts to assist students with the conceptual structure of complicated legal subjects. Editing of note and text material to reduce length without affecting coverage and to capture new legal developments. Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors greater flexibility in assigning or deleting comments. Student accessibility to deleted cases from prior editions through Casebook Connect, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference. Professors and students will benefit from: The authors’ emphasis on making the material accessible for both students taking and professors teaching the course - rejecting a hide-the-ball approach. The continued appeal to professors with various teaching methodologies: traditional, problem-oriented, theoretical, and practical. The comprehensive nature of the contents allows professors the flexibility to teach their students the basics or conduct a more in-depth analysis of a given topic. The continued mixture of classic and contemporary cases. Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.

Author: Marco J. Jimenez
Publisher: Aspen Publishing
ISBN: 1543821766
Category : Law
Languages : en
Pages : 1432

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Book Description
Contract Law: A Case & Problem-Based Approach is a unique casebook that provides an organizational structure introducing students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law but also meant to help them appreciate the connections and relationships between and among these various subject areas. Part I, the “30,000-foot view,” familiarizes students with contract law, discusses the sorts of problems with which contract law is concerned, and introduces them to some of the basic rules and theories governing contract law. Part II, the “10,000-foot view,” exposes students to each major substantive area of contract law in more depth by discussing one classic case in each area, along with additional historical, theoretical, and contextual materials to supplement the black-letter doctrine. After finishing Parts I and II, the student will have a basic understanding of each major area of contract law, along with a good understanding of how these parts fit together. Part III is therefore designed to explore each of the major subject areas in greater depth, and is organized along the lines of a traditional contracts casebook, including a healthy mix of classic and modern cases, short problems, and exercises. New to the Second Edition: Additional materials and cases added to explore the contract doctrines of impossibility and impracticability in light of past and current epidemics (in the case of polio) and pandemics (in the case of COVID-19). Additional case added to explore the relationship between Contract Law, Civil Rights, and Constitutional Law. Reorganization of some materials in Chapter 8 (defenses). More focused notes and appendices Professors and student will benefit from: Organization exposes students to main concepts, and gives professors a number of choices about how to teach their course. Helpful doctrinal introductions to each new major substantive section. Historical, theoretical, and comparative materials are presented to help students understand and think critically about the black-letter rules. “Thinking tools” feature that helps the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes enrich the students’ black-letter experience. Enjoyable, contextual materials that are included after a number of classic cases help to bring to light fascinating background information.

Author: Brian Langille
Publisher: Oxford University Press
ISBN: 0192573098
Category : Law
Languages : en
Pages : 385

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Book Description
Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Author: F. H. Buckley
Publisher: Duke University Press
ISBN: 9780822323334
Category : Business & Economics
Languages : en
Pages : 494

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Book Description
DIVOriginal essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande/div