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Author: Richard Austen-Baker
Publisher: Routledge
ISBN: 1135096139
Category : Law
Languages : en
Pages : 173
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Book Description
Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.
Author: Richard Austen-Baker
Publisher: Routledge
ISBN: 1135096139
Category : Law
Languages : en
Pages : 173
Get Book Here
Book Description
Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.
Author: Michael Hunter Schwartz
Publisher:
ISBN: 9781611635546
Category : Contracts
Languages : en
Pages : 0
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Book Description
The second edition retains the style, format, and teaching and learning goals of the first edition, but some cases have been replaced or re-edited, and many of the textual materials, problems, exercises, and case questions have been revised, supplemented, or updated. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. PowerPoint slides are available to professors upon adoption of this book. Download sample slides from the full 457-slide presentation here. If you have adopted the book for a course, contact Beth at
[email protected] to request the PowerPoint slides.
Author: Jason Harris
Publisher:
ISBN: 9781922180957
Category : Commercial law
Languages : en
Pages : 489
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Book Description
Contract Law in Context was previously published by CCH Australia.Contract Law in Context presents the law of contract in its commercial context. This new title discusses the principles of contract law by following the life cycle of a commercial contract from negotiation to formation, execution, application and interpretation, and then to termination and remedies. The commentary includes references to other important areas of law, such as competition and consumer law, agency law and corporate law. This ensures readers better understand the context within which commercial contracts operate in the real world.Key cases and core principles are explained in terms of their relevance to real life commercial examples, rather than as abstract rules to be remembered and applied. A number of checklists, practical tips, and summaries of key cases and important concepts are included to help students understand the importance and relevance of contract law to business transactions.
Author: Andrew Stewart
Publisher: Cambridge University Press
ISBN: 1107687489
Category : Law
Languages : en
Pages : 601
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Book Description
Provides a fresh, topical and accessible account of the Australian law of contract.
Author: Roger Brownsword
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Author: Catherine E Mitchell
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442
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Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Author: Stefan Grundmann
Publisher: Kluwer Law International B.V.
ISBN: 9041124322
Category : Law
Languages : en
Pages : 238
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Book Description
General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
Author: Stefan Grundmann
Publisher: Kluwer Law International B.V.
ISBN: 9041127658
Category : Law
Languages : en
Pages : 290
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Book Description
Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.
Author: Peng Guo
Publisher: Springer
ISBN: 9789811655128
Category : Law
Languages : en
Pages : 184
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Book Description
This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Author: Nadelle Grossman
Publisher: Aspen Publishing
ISBN: 154385771X
Category : Law
Languages : en
Pages : 836
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Book Description
Contracts in Context: From Transaction to Litigation, covers contract law from a transactional perspective, including: A contract’s structure and terms, Contract formation legal requirements, and The negotiation, drafting, and performance of contracts, as well as the litigation of contracts, including a review of a contract’s interpretation, enforcement, and remedies. Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and how and why parties use contract design and terms to achieve their goals. The book is unique because it introduces students to customary contract provisions, and walks students through the lifecycle of a contract, including (i) pre-formation activities such as due diligence, preliminary negotiations, and contract drafting, (ii) contract formation, performance, and amendment, and (iii) dispute activities, such as interpretation, enforcement, defenses, and remedies. The book explores how parties “contract around” default requirements of the law, in addition to satisfying mandatory aspects of the law, through contracts. The book describes the role of both the transactional lawyer and litigator in working with contracts. It presents much of the material in expository fashion rather than only or primarily through cases. This allows students to learn the doctrine more easily. It also allows for more time on applying the law to new situations. The book challenges students to apply contract law through transactional and litigation practice and simulation problems, which are adaptable to the classroom and asynchronous setting. New to the Second Edition: Additional materials covering the professional identities of attorneys, in addition to their professional responsibilities. Revised practice problems for students to apply the contract law doctrine and private ordering principles they have learned. Expanded discussion of the role of contracts and contract law in widening and correcting power imbalances. Several new cases to enhance the learning experience. Professors and students will benefit from: Material presented on contract design and terms so that students understand how contracts are used in practice by businesspersons and how contract law supports this private ordering. Many examples of contract language to demonstrate why and how parties customize contracts to further their goals. Discussion of the role of the transactional lawyer in working with contracts so that students can begin to develop important transactional skills and wrestle with some of the professional dilemmas transactional lawyers frequently face. Explanations of contract law and other material presented through expository text to give students a more comprehensive and clearer view of what limits the law imposes on their private ordering through contracts and which requirements can be contracted around. A large set of problems, many of which involve tasks assigned to new transactional lawyers and litigators, to allow students to learn the material through active participation and critical thinking.
