Contract Law as Fairness PDF Download
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Author: Josse Gerard Klijnsma
Publisher:
ISBN: 9789462592162
Category : Contracts
Languages : en
Pages : 176
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Book Description
Author: Josse Gerard Klijnsma
Publisher:
ISBN: 9789462592162
Category : Contracts
Languages : en
Pages : 176
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Book Description
Author: Chris Willett
Publisher: Blackstone Press
ISBN: 9781854316028
Category : Law
Languages : en
Pages : 199
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Book Description
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.
Author: Stephen Waddams
Publisher: Cambridge University Press
ISBN: 1108425674
Category : Law
Languages : en
Pages : 253
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Book Description
Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.
Author: Chris Willett
Publisher: Routledge
ISBN: 1351937391
Category : Law
Languages : en
Pages : 465
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Book Description
This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
Author: Peter Benson
Publisher: Harvard University Press
ISBN: 0674237595
Category : Law
Languages : en
Pages : 625
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Book Description
Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Author: James Gordley
Publisher:
ISBN: 9780197686102
Category : Contracts
Languages : en
Pages : 0
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Book Description
"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"--
Author: Michelle Rose Sharpe
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 564
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Book Description
Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Category : Law
Languages : en
Pages : 417
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Book Description
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.
Author: Prince Saprai
Publisher:
ISBN:
Category :
Languages : en
Pages : 676
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Book Description
Author: Larry D. DiMatteo
Publisher: Edward Elgar Publishing
ISBN: 180392960X
Category : Law
Languages : en
Pages : 433
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Book Description
This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.
