Rethinking Contract Law and Contract Design PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Rethinking Contract Law and Contract Design PDF full book. Access full book title Rethinking Contract Law and Contract Design by Victor P. Goldberg. Download full books in PDF and EPUB format.
Author: Victor P. Goldberg Publisher: Edward Elgar Publishing ISBN: 1783471549 Category : Law Languages : en Pages : 304
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: 1783471549 Category : Law Languages : en Pages : 304
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: David Campbell Publisher: Oxford University Press ISBN: 019885515X Category : Contracts Languages : en Pages : 465
Book Description
Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the author. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and an important statement of the relational theory of contract. This is a thoughtful and essential work for academics and research students in law, economics, and sociology.
Author: Ian R. Macneil Publisher: ISBN: Category : Law Languages : en Pages : 1370
Book Description
Extensive compilation of cases illustrating the development of those laws governing contracts, accompanied by informed text and explanatory materials. Chapter titles discuss: The Foundations and Functions of Contract; Exchange, Society, Contract and Law; Contract and Continuing Relations; Social Control and Utilization of Contractual Relations; Basic Contract Law Concepts Continued: Consideration, Agreement, Litigation, Content, Conditions, Assignment; Planning Contractual Relations; Planning for Performance Revisited; Planning for Risks: Indemnity, Suretyship, Insurance; Planning the Substance of Dispute Resolution; Planning Self-Help Remedies; Planning Processes of Dispute Resolution; and Legal Consequences of Incomplete and Ineffective Risk Planning.
Author: Franz Schwarz Publisher: Kluwer Law International B.V. ISBN: 9403526343 Category : Law Languages : en Pages : 610
Book Description
As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Author: Yuka Kaneko Publisher: Springer Nature ISBN: 9811942382 Category : Political Science Languages : en Pages : 230
Book Description
COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state’s control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism Publisher: ISBN: Category : Contracts Languages : en Pages : 248
Author: Israel a Washburne Publisher: Legare Street Press ISBN: 9781021406569 Category : Languages : en Pages : 0
Book Description
Washburne offers a comprehensive examination of the principles of contractual relations, focusing specifically on special contractual relationships. Drawing on case law and other legal sources, he provides detailed analysis of the complex legal issues that arise in these relationships, including agency, partnership, and employment contracts. With its clear and sophisticated analysis of the law of contracts, this book is an essential reference for all legal professionals. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Victor P. Goldberg
Author: Victor P. Goldberg
Author: Israel A. Washburne
Author: David Campbell
Author: Ian R. Macneil
Author: Franz Schwarz
Author: Ian R. Macneil
Author: Ian R. Macneil
Author: Yuka Kaneko
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism
Author: Israel a Washburne