Unexpected Circumstances in European Contract Law
Title | Unexpected Circumstances in European Contract Law PDF eBook |
Author | Ewoud Hondius |
Publisher | Cambridge University Press |
Pages | 715 |
Release | 2011-03-03 |
Genre | Law |
ISBN | 1139501151 |
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Foundational Principles of Contract Law
Title | Foundational Principles of Contract Law PDF eBook |
Author | Melvin A. Eisenberg |
Publisher | Oxford University Press |
Pages | 905 |
Release | 2018-09-20 |
Genre | Law |
ISBN | 0199875677 |
Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.
Contract Changes
Title | Contract Changes PDF eBook |
Author | Dacian C. Dragos |
Publisher | Edward Elgar Publishing |
Pages | 275 |
Release | 2023-01-20 |
Genre | Law |
ISBN | 180037559X |
Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.
Mixed Jurisdictions Compared
Title | Mixed Jurisdictions Compared PDF eBook |
Author | Vernon Palmer |
Publisher | Edinburgh University Press |
Pages | 456 |
Release | 2009-10-15 |
Genre | Law |
ISBN | 0748642129 |
Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of 'mixed jurisdictions' - legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.
Fault in American Contract Law
Title | Fault in American Contract Law PDF eBook |
Author | Omri Ben-Shahar |
Publisher | Cambridge University Press |
Pages | |
Release | 2010-08-16 |
Genre | Law |
ISBN | 1139493302 |
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.
Technical Report
Title | Technical Report PDF eBook |
Author | |
Publisher | |
Pages | 270 |
Release | 1979 |
Genre | Military research |
ISBN |
Neurotechnology
Title | Neurotechnology PDF eBook |
Author | James Giordano |
Publisher | CRC Press |
Pages | 356 |
Release | 2012-04-26 |
Genre | Medical |
ISBN | 1439826285 |
New technologies that allow us to investigate mechanisms and functions of the brain have shown considerable promise in treating brain disease and injury. These emerging technologies also provide a means to assess and manipulate human consciousness, cognitions, emotions, and behaviors, bringing with them the potential to transform society. Neurotech