Contract as Assumption II

Contract as Assumption II PDF Author: Brian Coote
Publisher: Bloomsbury Publishing
ISBN: 1782256695
Category : Law
Languages : en
Pages : 291

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Book Description
This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, “Contract – an Underview”. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.

Contract as Assumption II

Contract as Assumption II PDF Author: Brian Coote
Publisher: Bloomsbury Publishing
ISBN: 1782256695
Category : Law
Languages : en
Pages : 291

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Book Description
This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, “Contract – an Underview”. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.

Scholars of Contract Law

Scholars of Contract Law PDF Author: James Goudkamp
Publisher: Bloomsbury Publishing
ISBN: 1509938478
Category : Law
Languages : en
Pages : 437

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Book Description
This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Chitty on Contracts, 31st edition volumes 1 & 2

Chitty on Contracts, 31st edition volumes 1 & 2 PDF Author:
Publisher: Sweet & Maxwell
ISBN: 0414027132
Category :
Languages : en
Pages : 2943

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Book Description


Pension Fund Economics and Finance

Pension Fund Economics and Finance PDF Author: Jacob Bikker
Publisher: Routledge
ISBN: 1317220838
Category : Business & Economics
Languages : en
Pages : 216

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Book Description
Pension fund benefits are crucial for pensioners’ welfare and pension fund savings have accumulated to huge amounts, covering a major part of world-wide institutional investments. However, the literature on pension fund economics and finance is rather limited, caused, in part, to limited data availability. This book contributes to this literature and focuses on three important areas. The first is pension fund (in)efficiency, which has a huge impact on final benefits, particularly when annual spoilage accumulates over a lifetime. Scale economies, pension plans complexity and alternative pension saving plans are important issues. The second area is investment behavior and risk-taking. A key question refers to the allocation of investments over high risk/high return and relatively safe assets. Bikker investigates whether pension funds follow the life-cycle hypothesis: more risk and return for pension funds with young participants. Many pension funds are rather limited in size, which may raise the question how financially sophisticated the pension fund decision makers are: rather professionals or closer to unskilled private persons? The third field concerns two regulation issues. How do pension fund respond to shocks such as unexpected investment returns or changes in life expectancy? What are the welfare implications to the beneficiary for different methods of securing pension funding: solvency requirements, a pension guarantee fund, or sponsor support? This groundbreaking book will challenge the way pension fund economics is thought about and practiced.

Code of Federal Regulations

Code of Federal Regulations PDF Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 1520

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Book Description


The Double Auction Market

The Double Auction Market PDF Author: Daniel Friedman
Publisher: Routledge
ISBN: 0429972164
Category : Social Science
Languages : en
Pages : 426

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Book Description
This book focuses on markets organized as double auctions in which both buyers and sellers can submit bids and asks for standardized units of well-defined commodities and securities. It examines evidence from the laboratory and computer simulations.

Carter’s Breach of Contract

Carter’s Breach of Contract PDF Author: JW Carter
Publisher: Bloomsbury Publishing
ISBN: 1509928251
Category : Law
Languages : en
Pages : 818

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Book Description
Carter's Breach of Contract is well established as the leading text on the subject in the Commonwealth, having been cited regularly and with approval by the courts in a number of jurisdictions. The work is comprehensive in relation to both English and Australian law. Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute's Restatement of Contract, 2nd as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, the work has a unique comparative dimension. It will therefore be a valuable resource for scholars, practising lawyers and students of contract law. This new edition retains the hallmark of the previous edition: its statement of the law of breach of contract in a series of articles, which codify the law as a set of brief statements of principle. These articles are also reproduced in the Appendix, and together with an extensive bibliography, index, and tables, make this the ideal first port of call for all questions relating to breach of contract.

Firms, Markets, and Contracts

Firms, Markets, and Contracts PDF Author: Ekkehart Schlicht
Publisher: Springer Science & Business Media
ISBN: 3642469884
Category : Business & Economics
Languages : en
Pages : 306

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Book Description
Modern institutional economics witnesses a merging of formal and informal strands of theorizing. This development has offered new and vigorous perspectives which avoid both arbitrariness and theoretical sterility. The essays on contract theory gathered here exemplify this development. They propone new results on central issues in contractual theorizing. The theory of the firm in its variegated aspects forms, naturally, the core of the present set of contributions. Issues of ownership, integration, delegation, and finan ce are analyzed. Some contributions use the theoretical approach of contract theory to explore other issues, like medical care, public good problems, the economics of crime, environmental economics, and international trade. The contributors are leading young economists. They have participated in one or se veral classes of the 'International Summer School on the New Institutional Economics' which has been organized by Rudolf Richter in the years 1988 through 1994 and is now continued by Urs Schweizer. The theoretical style of these contributions has been influ enced by this experience. This collection of essays is intended to express the thanks of the contributors to Rudolf Richter. His initiatives for scholarly instruction and for inter national exchange of ideas have helped to create and to diffuse the understanding of and the engagement for the new institutional economics in Europe.

California. Court of Appeal (4th Appellate District). Division 2. Records and Briefs

California. Court of Appeal (4th Appellate District). Division 2. Records and Briefs PDF Author: California (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 56

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Book Description


Internal Revenue Cumulative Bulletin

Internal Revenue Cumulative Bulletin PDF Author: United States. Internal Revenue Service
Publisher:
ISBN:
Category : Tax administration and procedure
Languages : en
Pages : 1236

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Book Description