Author: Catherine Mitchell Publisher: Cambridge University Press ISBN: 1009084909 Category : Law Languages : en Pages : 259
Book Description
English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
Author: Margaret Jane Radin Publisher: Princeton University Press ISBN: 0691163359 Category : Law Languages : en Pages : 358
Book Description
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Author: Warren Swain Publisher: ISBN: 9781316255148 Category : Contracts Languages : en Pages : 331
Book Description
"This book is concerned with the history of contract law over a two hundred year period stretching between 1670 and 1870. Inevitably it is also about how the Common law and Equity develops and evolves during that time"--
Author: Daniel Khoury Publisher: ISBN: 9780409323177 Category : Contracts Languages : en Pages : 0
Book Description
The latest cases and legislative changes in contract law are included in this 7th edition. The most important aim of this book is making the law of contract readily accesible to all readers.
Author: Clarence D. Ashley Publisher: Forgotten Books ISBN: 9781330156780 Category : Law Languages : en Pages : 338
Book Description
Excerpt from The Law of Contracts Upon the important subject of contract the law is still far from being fully developed. Many of its rules are crude and unscientific, while numerous questions remain unsettled. Technical requirements, such as the accidental and unnecessary doctrine of consideration, are likely to disappear, bringing the law in accord with the modem sense of justice. In regard to such points, a teacher, during years of class-room work, gains many suggestive ideas from the bright minds found in the student ranks, and it seems to be his duty, as far as in him lies, to give such thoughts permanent form. No matter how imperfect may be the attempt to accomplish this, good is likely to result if the work is sufficiently strong to invite attack and criticism on the part of well-informed thinkers. After teaching the law of contract for twenty years, I have consented, at the earnest and continued solicitation of my colleagues in our Law Faculty, to formulate some of the results of this long experience, and to digest for publication the mass of notes and material gathered. The desire to treat this subject in my own way, and in accordance with my own ideas, has given me courage to continue my work. It has not been my aim to prepare a text solely for the use of students, but rather would I aid the efforts being made to place the law on a more philosophic and satisfactory basis. There has been no attempt to prepare a digest of decided cases. Such work can be done more satisfactorily in books having this aim specially in view. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Catherine Mitchell
Author: Catherine Mitchell
Author: Margaret Jane Radin
Author: Margaret Jane Radin
Author: Peter Benson
Author: Warren Swain
Author: Daniel Markovits
Author: Daniel Khoury
Author: Clarence D. Ashley
Author: Glen Banks