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Author: Daniel Markovits Publisher: Foundation Press ISBN: 9781599414454 Category : Contracts Languages : en Pages : 0
Book Description
The book proposes a fundamentally new way of teaching contract law: it simultaneously presents a more systematic and coherent elaboration of contract doctrine than other contacts casebooks and develops a more rigorous interdisciplinary approach to thinking about law generally. The aim of the book is to present a doctrinally integrated, interdisciplinary approach to contract law in a rigorous, open, and systematic fashion. This casebook replaces the conventional approach with an effort to elaborate the doctrinal structure of contract law in an orderly way and, at the same time, to introduce students in a systematic way to a wide range of methods of legal analysis. The materials in the book therefore present a holistic account of contract law, in which doctrines from various areas of the law are linked together, and the relations among them explained. The explanations sound both in traditional doctrinal legal analysis and in ideas taken from economics, sociology, and philosophy.
Author: Daniel Markovits Publisher: Foundation Press ISBN: 9781599414454 Category : Contracts Languages : en Pages : 0
Book Description
The book proposes a fundamentally new way of teaching contract law: it simultaneously presents a more systematic and coherent elaboration of contract doctrine than other contacts casebooks and develops a more rigorous interdisciplinary approach to thinking about law generally. The aim of the book is to present a doctrinally integrated, interdisciplinary approach to contract law in a rigorous, open, and systematic fashion. This casebook replaces the conventional approach with an effort to elaborate the doctrinal structure of contract law in an orderly way and, at the same time, to introduce students in a systematic way to a wide range of methods of legal analysis. The materials in the book therefore present a holistic account of contract law, in which doctrines from various areas of the law are linked together, and the relations among them explained. The explanations sound both in traditional doctrinal legal analysis and in ideas taken from economics, sociology, and philosophy.
Author: Jan M. Smits Publisher: Edward Elgar Publishing ISBN: 178536877X Category : Law Languages : en Pages : 294
Book Description
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.
Author: Catherine E Mitchell Publisher: A&C Black ISBN: 1782253130 Category : Law Languages : en Pages : 442
Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Author: Charles R. Calleros Publisher: Aspen Publishing ISBN: 9781454897156 Category : Law Languages : en Pages : 0
Book Description
An ideal text for a second semester legal writing or advanced writing course, the Legal Method and Writing II, Eighth Edition immerses students in the world of appellate briefs, pleadings, motions, contracts, and professional correspondence. This revision expands coverage of motions to dismiss, while maintaining in-depth coverage of complaints, answers, motions for summary judgment, and motions in limine to exclude evidence. Numerous illustrations, sample documents, and exercises address issues ranging from enforcement of marriage contracts to sexual harassment in the workplace. Key Features: Introductory chapters on fundamentals of written advocacy, including ethical concerns, strategic considerations, organization, writing style, issue statements, point headings, and effective presentation of rules and fact analysis In-depth discussion of trial briefs: pleadings, motion to dismiss, motion for summary judgment, judgment, and motion in limine to exclude evidence, with numerous illustrations and sample documents Comprehensive discussion of appellate briefs and appellate standards of review, with sample briefs and special attention to policy arguments Introduction to contract drafting The addition of “soft skills” (e.g. rapport building) Chapters on advice and demand letters Examples and illustrations throughout the text Numerous exercises and assignments in the main text and in the appendices
Author: Marco J. Jimenez Publisher: Aspen Publishing ISBN: 1543821766 Category : Law Languages : en Pages : 1432
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: Gregory Klass Publisher: OUP Oxford ISBN: 019102208X Category : Law Languages : en Pages : 417
Book Description
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Author: Michael Furmston Publisher: Oxford University Press, USA ISBN: 0199284245 Category : Language Arts & Disciplines Languages : en Pages : 477
Book Description
Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.
Author: Maren Heidemann Publisher: Springer Science & Business Media ISBN: 3540444629 Category : Law Languages : en Pages : 246
Book Description
This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.
Author: Carl Franklin Stychin Publisher: Thomson/W. Green ISBN: 9780414041837 Category : Law Languages : en Pages : 0
Book Description
An examination of the British constitutional tradition exploring where it is now heading. It describes the constitutional changes over the last 30 years of the 20th century, and it maintains that, although no one seems to have noticed the fact, the traditional British constitution no longer exists
Author: Daniel Markovits Publisher: Foundation Press ISBN: 9781683281436 Category : Languages : en Pages :
Book Description
Contracts: Cases and Theory has two principal ambitions: first, to present the basic doctrine of contracts in a comprehensive and coherent fashion; and second, to encourage a rigorous and interdisciplinary approach to thinking about the values and principles that inspire the law. The book provides a systematic survey of contract law while weaving in perspectives from economics, philosophy, sociology, and legal theory, to show how these disciplines can be used to both illuminate and criticize the law as it stands. The book's treatments of "law and" ideas are designed to be free-standing, making the book an excellent introduction to interdisciplinary legal thought for students without prior training in other fields.
Author: Daniel Markovits
Author: Daniel Markovits
Author: Jan M. Smits
Author: Catherine E Mitchell
Author: Charles R. Calleros
Author: Marco J. Jimenez
Author: Gregory Klass
Author: Michael Furmston
Author: Maren Heidemann
Author: Carl Franklin Stychin
Author: Daniel Markovits