Essay Upon the Law of Contracts and Agreements PDF Download

Author: John Joseph Powell
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 498

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Author: John Joseph Powell
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775203
Category : Contracts
Languages : en
Pages : 488

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Powell, John Joseph. Essay Upon the Law of Contracts and Agreements. Walpole: Printed, At the Press of Thomas & Thomas, by David Newhall, 1802. Two volumes. Reprint available January 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-520-3. Cloth. $150. * Reprint of the first American edition of the first treatise on the subject. (It is based on the first London edition, 1790, to which it is starred.) Powell [1755?-1801] wrote several distinguished treatises that were used widely in England and America, including this one. Though mildly critical of its organization, Holdsworth considers it "an able book" that "is much more than a digest of cases" because "[i]n all cases the author tries, with considerable success, to state principles, and to illustrate them by cases.": History of English Law XII:392.

Author: G. H. Treitel
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1290

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This text explains and analyzes the law of contract, and provides a detailed examination of many areas of controversy and difficulty. Amongst recent developments examined is the Contracts (Rights of Third Parties) Bill.

Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Category : Law
Languages : en
Pages : 417

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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: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508008
Category : Law
Languages : en
Pages : 2379

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The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Author: Stephen Waddams
Publisher: Cambridge University Press
ISBN: 1139499955
Category : Law
Languages : en
Pages : 267

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Book Description
Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.

Author: Alfred William Brian Simpson
Publisher: A&C Black
ISBN: 9780907628835
Category : Law
Languages : en
Pages : 458

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Author: Richard Austen-Baker
Publisher: Taylor & Francis
ISBN: 1000784886
Category : Law
Languages : en
Pages : 179

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Understanding Contract Law provides an accessible, in-depth analysis of the purpose of contracting and the role of the law of contract, as well as theories that inform it. Assessing the historical development of this cornerstone of law, the book provides detailed analysis of some of the leading theoretical explanations, and how they are applied in jurisdictions throughout the world. With a new chapter examining the impact of globalization on contract law, this new edition also includes recent behavioural research around responses to contract breach. The book’s accessibility is enhanced by text boxes defining key concepts and terms, and biographical notes of leading figures and scholars. This ensures that readers are able to gain a clear understanding of the narratives and theories explained in the book, and to appreciate how contract law has evolved. Uniquely, the book is not limited to one jurisdiction, making this an essential text for students wishing to expand their knowledge of this fundamental area of law around the world.

Author: Andrew Dyson
Publisher: Bloomsbury Publishing
ISBN: 1509902147
Category : Law
Languages : en
Pages : 385

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This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

Author: Christopher L. Tomlins
Publisher: UNC Press Books
ISBN: 0807839086
Category : History
Languages : en
Pages : 479

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Book Description
This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.