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Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Category : Law
Languages : en
Pages : 314
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Book Description
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Category : Law
Languages : en
Pages : 314
Get Book Here
Book Description
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Author: Jonathan Edward Morgan
Publisher:
ISBN: 9781461950608
Category : Commercial law
Languages : en
Pages : 289
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Book Description
Author: Jonathan Edward Morgan
Publisher:
ISBN: 9781107471900
Category : LAW
Languages : en
Pages : 316
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Book Description
Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.
Author: Jonathan Edward Morgan
Publisher: Cambridge University Press
ISBN: 1107021073
Category : Law
Languages : en
Pages : 314
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Book Description
Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.
Author: Catherine Mitchell
Publisher: Cambridge University Press
ISBN: 1009084909
Category : Law
Languages : en
Pages : 259
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Book Description
English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 898
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Book Description
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1783471549
Category : Law
Languages : en
Pages : 301
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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: Warren Swain
Publisher: Cambridge University Press
ISBN: 1316240002
Category : Law
Languages : en
Pages : 363
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Book Description
The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.
Author: Brian Bix
Publisher: Cambridge University Press
ISBN: 0521850460
Category : Law
Languages : en
Pages : 217
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Book Description
This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.
Author: International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher: Franz Steiner Verlag Wiesbaden GmbH
ISBN:
Category : Law
Languages : en
Pages : 882
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Book Description
"Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993."--T.p.
