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Author: Victor Goldberg
Publisher: Harvard University Press
ISBN: 0674063929
Category : Law
Languages : en
Pages : 424
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Book Description
The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Author: Victor Goldberg
Publisher: Harvard University Press
ISBN: 0674063929
Category : Law
Languages : en
Pages : 424
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Book Description
The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Author: Victor P. Goldberg
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 57
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Book Description
Author: William Herbert Page
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 1186
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Book Description
Author: Gerald E. Berendt
Publisher: LexisNexis/Matthew Bender
ISBN:
Category : Law
Languages : en
Pages : 1280
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Book Description
Author: Douglas G. Baird
Publisher: Harvard University Press
ISBN: 0674073584
Category : Law
Languages : en
Pages : 171
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Book Description
Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow? For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore’s The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules. In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes’s principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.
Author: Lawrence Meir Friedman
Publisher: Quid Pro, LLC
ISBN: 9781610279796
Category : Contracts
Languages : en
Pages : 224
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Book Description
A classic study of the social and economic realities of trade law, told through case studies and rich historical analysis. Comparing contract cases and legislation over three discrete historical periods, Lawrence Friedman shows that social context matters, that law is more flexible and adaptive than traditional doctrinal studies would suggest, and that the framing of contract law can use a fresh reexamination in light of the historical realities he exposes. A recognized study in law & society, this volume previously hid out as a rare book or was completely unavailable. Now readily accessible worldwide, it also features a new preface by the author as well as a new, analytical foreword by Stewart Macaulay, a senior professor of law at the University of Wisconsin. As Macaulay notes, Friedman's Contract Law in America "still challenges those who research, write and teach in the field of contracts. His findings and arguments still call for a serious response today." Has contracts doctrine become "the law of leftovers"? In any event, Macaulay sums up, "Friedman combines scholarship that takes him into dusty archives with insight into the broader effect of both public culture and legal culture. I am continually and pleasantly surprised when I read him." As with all the quality contributions to Quid Pro's Classics of Law & Society Series, this book features modern formatting, legible tables, and hyperaccurate proofreading from the original text. Moreover, it embeds page numbers from the first edition (in both print and digital formats), for continuity of references. Praise for this anniversary edition of the book abounds: "Contract Law in America is one of the most important works in the entire scholarly literature on American legal history. Friedman took a subject that had been treated by researchers in exclusively doctrinal terms, bringing an entirely new perspective that revealed how contract law has been at the very center of how we need to understand 'law in action' in key periods of American development. In the methodology that Friedman applied, in the brilliance of the analysis, and in the new light his book cast on the full dimensions of governance and law in the United States, this book broke new ground. It remains today, still, required reading for any student of legal history." - Harry N. Scheiber Stefan A. Riesenfeld Professor of Law and History, University of California at Berkeley "The republishing of Contract Law in America is a very welcome event. For years this has been one of the neglected classics of legal literature. Friedman did what the Legal Realists only dreamed of doing-he studied in depth what kinds of contracts cases state courts had decided over time, and found grand patterns in the decisions. As real-world contracts dropped out of common law litigation and into private ordering and specialized regulation, courts abandoned abstract formal rule-making for particularized equitable resolutions. In the present moment, more receptive to social and empirical studies of law than was 1965, Friedman's book should finally find the audience it deserves." - Robert W. Gordon Chancellor Kent Professor of Law and Legal History, Emeritus, Yale University; and Professor of Law, Stanford University "Contract Law in America remains a classic examination of the relationships among legal doctrine, legal culture, and the shifting frameworks of American business enterprise. Amid the current academic re-engagement with questions of political economy, we can only hope that more historians, social scientists, and legal scholars acquaint themselves with Friedman's probing analysis of how law did, and did not, influence American commerce, and how commerce did, and did not, influence American law." - Edward J. Balleisen Associate Professor of History, Duke University
Author: Omri Ben-Shahar
Publisher: Cambridge University Press
ISBN: 1139493302
Category : Law
Languages : en
Pages :
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Book Description
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.
Author: Michael B. Kelly
Publisher: Aspen Publishing
ISBN: 1454880058
Category : Law
Languages : en
Pages : 1155
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Book Description
Providing a comprehensive, practice-oriented approach to the legal and practical aspects of contract law, Contract Law In Focus offers realworld scenarios throughout give students numerous opportunities to apply and solidify their understanding of important concepts. Clear explanatory text, Case Previews, and Case Follow-ups further clarify the doctrine and aid in student understanding. This text begins with a helpful introduction to the study of contract law, providing basic information about the way contracts are governed in the United States. It then introduces formation of contracts, covering offer, acceptance, consideration, and exceptions to consideration. The casebook moves on to provide clear and comprehensive discussions of defenses, excuses, and remedies for breach. By effectively synthesizing the statutory law, common law, relevant rules, and secondary sources, while offering a focus on understanding contract law -- as it developed in the past, exists today, and will evolve in the future -- the authors have created an indispensable guide for students learning contract law.
Author: Marvin A. Chirelstein
Publisher: West Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Background Elements: Contract Curve and Expectation Damages; Consideration and the Bargained-for Exchange; Contract Formation; Unfairness and Unconscionability; Contract Interpretation; Performance and Breach; Mistake and Impossibility; Remedies; Third-Party Beneficiaries.
Author:
Publisher: Routledge
ISBN: 1134066759
Category :
Languages : en
Pages : 261
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Book Description
