Defending Substantive Fairness in Contract Law
Title | Defending Substantive Fairness in Contract Law PDF eBook |
Author | Prince Saprai |
Publisher | |
Pages | 676 |
Release | 2009 |
Genre | |
ISBN |
Understanding Substantive Fairness
Title | Understanding Substantive Fairness PDF eBook |
Author | Stephen A. Smith |
Publisher | |
Pages | 29 |
Release | 1995 |
Genre | Equality before the law |
ISBN |
Great Debates in Contract Law
Title | Great Debates in Contract Law PDF eBook |
Author | Jonathan Morgan |
Publisher | Bloomsbury Publishing |
Pages | 327 |
Release | 2020-04-02 |
Genre | Law |
ISBN | 1352009994 |
This textbook is an engaging introduction to the more advanced writings on contract law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. This edition has been extensively rewritten to include new cases and scholarship throughout. New sections include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract. An excellent book for students of contract law who wish to know more, the aim of the book is not to present a complete overview of theoretical issues in contract law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Edition: - Extensively rewritten to include new cases and scholarship throughout. - New sections and debates include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract.
Aspects of Fairness in Contract
Title | Aspects of Fairness in Contract PDF eBook |
Author | Chris Willett |
Publisher | Blackstone Press |
Pages | 199 |
Release | 1996 |
Genre | Law |
ISBN | 9781854316028 |
This collection of essays was developed from a conference on Fairness in Contract Law which was held at the University of Warwick in May 1994. It will contribute to the ongoing discussion and debate as to the role of fairness in contract law. The book includes chapters on the recent Unfair Terms in Consumer Regulations 1994; quality obligations and remedies in contracts for the sale of goods; liabilities of manufacturers and subcontractors to consumers and employers respectively; agreed remedies and corporate contracts. It will be useful to both academics and students studying contract, consumer and commercial law.
Foundations of American Contract Law
Title | Foundations of American Contract Law PDF eBook |
Author | James Gordley |
Publisher | |
Pages | 0 |
Release | 2023 |
Genre | Contracts |
ISBN | 9780197686102 |
"This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--
Philosophical Foundations of Contract Law
Title | Philosophical Foundations of Contract Law PDF eBook |
Author | Gregory Klass |
Publisher | OUP Oxford |
Pages | 417 |
Release | 2014-12-18 |
Genre | Law |
ISBN | 019102208X |
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.
Model Rules of Professional Conduct
Title | Model Rules of Professional Conduct PDF eBook |
Author | American Bar Association. House of Delegates |
Publisher | American Bar Association |
Pages | 216 |
Release | 2007 |
Genre | Law |
ISBN | 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.