Rethinking Contract Law and Contract Design PDF Download

Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1783471549
Category : Law
Languages : en
Pages : 301

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Book Description
Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc

Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1789902517
Category : Law
Languages : en
Pages : 279

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Book Description
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.

Author: Corrales Compagnucci, Marcelo
Publisher: Edward Elgar Publishing
ISBN: 1839102284
Category : Law
Languages : en
Pages : 480

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Book Description
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.

Author: Geoffrey Samuel
Publisher: Edward Elgar Publishing
ISBN: 1784712612
Category : Law
Languages : en
Pages : 374

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Book Description
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

Author: Jan M. Broekman
Publisher: Edward Elgar Publishing
ISBN: 1788976622
Category : Electronic books
Languages : en
Pages : 476

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Book Description
The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.

Author: Steven Mulroy
Publisher: Edward Elgar Publishing
ISBN: 1788117514
Category : Election law
Languages : en
Pages : 176

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Book Description
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

Author: Duc V. Trang
Publisher:
ISBN:
Category : Practice of law
Languages : en
Pages : 433

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Book Description

Author: Catherine E Mitchell
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442

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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: Jacqueline Lipton
Publisher: Edward Elgar Publishing
ISBN: 1781002185
Category : Law
Languages : en
Pages : 173

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Book Description
The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known

Author: Chris Reed
Publisher: Edward Elgar Publishing
ISBN: 1785364294
Category : Computers
Languages : en
Pages : 273

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Book Description
Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.