An Essay on the Doctrine of Contracts PDF Download
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Author: Gulian Crommelin Verplanck
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 250
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Book Description
Author: Gulian Crommelin Verplanck
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 250
Get Book Here
Book Description
Author: Gulian Crommelin Verplanck
Publisher:
ISBN:
Category :
Languages : en
Pages : 234
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Book Description
Author: Gulian Crommelin Verplanck
Publisher:
ISBN: 9780405040399
Category : Concealment (Criminal law)
Languages : en
Pages : 234
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Book Description
This reprint of an 1825 work is a study on the emergence of two separate bodies of contract law, with a strong plea for their unification.
Author: Edward Jenks
Publisher: CUP Archive
ISBN:
Category : Consideration (Law)
Languages : en
Pages : 276
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Book Description
Author: Daniel Chipman
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776366
Category : Contracts
Languages : en
Pages : 226
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Book Description
Reprint of the uncommon first edition. Chipman's Essay was the first original treatise on the subject written in the United States. (Verplanck's An Essay on the Doctrine of Contracts (1825) was the second.) In his Legal Bibliography (1847) Marvin criticized Chipman for "show[ing] what the law of contracts ought to be rather than what the law of contracts is" (189). This remark indicates Marvin's failure to grasp the changing nature of contract law, and it shows that Chipman's ideas were ahead of their time. Indeed, as Horwitz points out, Chipman was the first American to submerge the "dominant equity theory of contract in a conception of contractual obligation based exclusively on express bargains" determined by market values. Chipman [1765-1850] was a Vermont lawyer, a professor of law at Middlebury, a representative to the state legislature and the U.S. Congress and a delegate to several Vermont constitutional conventions.
Author: Ciaran Gallagher
Publisher: GRIN Verlag
ISBN: 3668186383
Category : Law
Languages : en
Pages : 21
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Book Description
Essay from the year 2016 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, National University of Ireland, Galway, course: Corporate Law, language: English, abstract: This essay is asking the question whether the doctrine of consideration ought to be abolished. It will argue that all that should be required for a legally binding promise is a clear intention to be bound by the terms of a promise and, perhaps, detrimental reliance on that promise by the other party. The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance. In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a seal. This particular requirement in terms of contract law has been put under much scrutiny recently and there have been calls for the abolition of the doctrine. In this essay we will take a look at the functions of consideration, it's purpose in modern law and the possible alternatives were it to be abolished. Consideration is prone to much criticism as it is said to have a very narrow scope as a definition with many suggesting that the narrowness the doctrine shows is now more about denying legal effect in most promises. The thinking behind this criticism is that many courts bring consideration into cases without a second thought and use it as a tool to guide their judgements. This then leads to it being open to many more avenues such as the Williams v Roffey case where they suggested that practical benefit counted as sufficient consideration. This then leads to unlawful claims as never before had consideration been brought into a pre-existing contract case.
Author: Gulian Crommelin Verplanck
Publisher:
ISBN:
Category :
Languages : en
Pages : 234
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Jenny Walther
Publisher: GRIN Verlag
ISBN: 3638370283
Category : Business & Economics
Languages : en
Pages : 14
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Book Description
Seminar paper from the year 2000 in the subject Business economics - Law, grade: 2,8, Ashcroft International Business School Cambridge, course: Comparative Business Law, language: English, abstract: In English law, a contracting party is generally bound to the promise he has given and is not easily excused from his liability. However, there is an exception to this principle of pacta sunt servanda if non-performance is caused by upheavals beyond the parties' control. The purpose of this essay is to give a short overview about this issue. I will start by examining the connection between the doctrines of impossibility and frustration. Afterwards I will have a more detailed look on the concept of frustration in English law and continue by briefly outlining the corresponding principles in other legal systems. In order to illustrate the rather abstract concept I will contrast two cases in detail and point to a few other ones in more general terms.
Author: John Joseph Powell
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 496
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Book Description
