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Author:
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ISBN:
Category :
Languages : en
Pages : 136
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 136
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Author:
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ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 730
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Includes: topical index alphabetical case index, federal rules index, and a synopsis section.
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Category :
Languages : en
Pages : 34
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Category :
Languages : en
Pages : 68
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Author: Peter Benson
Publisher: Harvard University Press
ISBN: 0674241991
Category : Law
Languages : en
Pages : 625
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Book Description
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Author: Victor Goldberg
Publisher: Harvard University Press
ISBN: 0674063929
Category : Law
Languages : en
Pages : 424
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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).
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Category :
Languages : en
Pages : 52
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Category :
Languages : en
Pages : 100
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Author: California (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 294
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Number of Exhibits: 14 Received document entitled: APPENDIX OF FOREIGN CASES
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Category :
Languages : en
Pages : 60
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