In and Out -- Contract Doctrines in Action PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download In and Out -- Contract Doctrines in Action PDF full book. Access full book title In and Out -- Contract Doctrines in Action by Danielle Kie Hart. Download full books in PDF and EPUB format.
Author: Danielle Kie Hart
Publisher:
ISBN:
Category :
Languages : en
Pages : 91
Get Book Here
Book Description
This Article was written to test a hypothesis, namely, that it is easy to get into a contract but very difficult to get out of one. After reviewing case law from the Seventh and Ninth Circuits, contract law in action suggests that reality may be slightly different from theory. That is, the data from the cases show that it may not be so easy to get into a contract in practice, but it is extremely difficult to get out of one. Pacta sunt servanda seems to be alive and well in twenty-first century contract law. Perhaps the more significant finding from the cases, however, is that the party with more bargaining power tends to get the outcome that it wants in a given case, regardless of its preferred outcome. The implications of this finding are unsettling to say the least, in large part because it is so difficult to get out of a contract once it is formed. More specifically, misuse of unequal bargaining power by the stronger party during formation of the contract will likely go unchecked, the weaker party will be locked into whatever bargain is made, and the stronger party will get to keep even “ill-gotten gains,” so to speak, because the contract and all of its terms (both reasonable and unreasonable) will be binding. Any solution to the problems confronting contract law, therefore, will have to address bargaining power directly and effectively, which is by no means an easy task as the Home Affordable Mortgage Program (HAMP) reveals. Nevertheless, this task is one worth undertaking given that any discussion of contract law is, at least in part, also a discussion of contract law's place within the American legal system and that system's role in helping us to live up to our individual and collective aspirations.
Author: Danielle Kie Hart
Publisher:
ISBN:
Category :
Languages : en
Pages : 91
Get Book Here
Book Description
This Article was written to test a hypothesis, namely, that it is easy to get into a contract but very difficult to get out of one. After reviewing case law from the Seventh and Ninth Circuits, contract law in action suggests that reality may be slightly different from theory. That is, the data from the cases show that it may not be so easy to get into a contract in practice, but it is extremely difficult to get out of one. Pacta sunt servanda seems to be alive and well in twenty-first century contract law. Perhaps the more significant finding from the cases, however, is that the party with more bargaining power tends to get the outcome that it wants in a given case, regardless of its preferred outcome. The implications of this finding are unsettling to say the least, in large part because it is so difficult to get out of a contract once it is formed. More specifically, misuse of unequal bargaining power by the stronger party during formation of the contract will likely go unchecked, the weaker party will be locked into whatever bargain is made, and the stronger party will get to keep even “ill-gotten gains,” so to speak, because the contract and all of its terms (both reasonable and unreasonable) will be binding. Any solution to the problems confronting contract law, therefore, will have to address bargaining power directly and effectively, which is by no means an easy task as the Home Affordable Mortgage Program (HAMP) reveals. Nevertheless, this task is one worth undertaking given that any discussion of contract law is, at least in part, also a discussion of contract law's place within the American legal system and that system's role in helping us to live up to our individual and collective aspirations.
Author: Clarence Degrand Ashley
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 352
Get Book Here
Book Description
Author: Stewart Macaulay
Publisher: Michie
ISBN:
Category : Law
Languages : en
Pages : 812
Get Book Here
Book Description
Introducing contract law, volume one of this text treats remedies for breach of contract, contract and continuing relations, and social control of free contract. Chapters in volume two cover formation of contract; incomplete planning; flexibility and enforceability; closing a deal; and more.
Author: Robert S. Summers
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1140
Get Book Here
Book Description
This casebook focuses not only on the rules and principles of contract law, but also on the lawyer's role in planning and drafting contracts and on the richness of contract theory. It has comprehensive coverage of contract law and related obligation, the latter including promissory estoppel, restitution, and tort arising in the contract setting. This book is primarily a case book designed to help students develop important analytical and critical skills, but also has ample notes, problems, and excerpts that focus on the nature, function, and limits of contract and related law. Features of the new Fifth Edition include: several recent cases that bring important issues up to date; new notes and comments about recent developments in contract law and recent contract controversies in the news; and new excerpts from the secondary literature focusing on major recent developments.
Author: Peter Benson
Publisher: Harvard University Press
ISBN: 0674237595
Category : Law
Languages : en
Pages : 625
Get Book Here
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: Marco J. Jimenez
Publisher: Aspen Publishing
ISBN: 1543821766
Category : Law
Languages : en
Pages : 1432
Get Book Here
Book Description
Contract Law: A Case & Problem-Based Approach is a unique casebook that provides an organizational structure introducing students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law but also meant to help them appreciate the connections and relationships between and among these various subject areas. Part I, the “30,000-foot view,” familiarizes students with contract law, discusses the sorts of problems with which contract law is concerned, and introduces them to some of the basic rules and theories governing contract law. Part II, the “10,000-foot view,” exposes students to each major substantive area of contract law in more depth by discussing one classic case in each area, along with additional historical, theoretical, and contextual materials to supplement the black-letter doctrine. After finishing Parts I and II, the student will have a basic understanding of each major area of contract law, along with a good understanding of how these parts fit together. Part III is therefore designed to explore each of the major subject areas in greater depth, and is organized along the lines of a traditional contracts casebook, including a healthy mix of classic and modern cases, short problems, and exercises. New to the Second Edition: Additional materials and cases added to explore the contract doctrines of impossibility and impracticability in light of past and current epidemics (in the case of polio) and pandemics (in the case of COVID-19). Additional case added to explore the relationship between Contract Law, Civil Rights, and Constitutional Law. Reorganization of some materials in Chapter 8 (defenses). More focused notes and appendices Professors and student will benefit from: Organization exposes students to main concepts, and gives professors a number of choices about how to teach their course. Helpful doctrinal introductions to each new major substantive section. Historical, theoretical, and comparative materials are presented to help students understand and think critically about the black-letter rules. “Thinking tools” feature that helps the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes enrich the students’ black-letter experience. Enjoyable, contextual materials that are included after a number of classic cases help to bring to light fascinating background information.
Author: Stewart Macaulay
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1184
Get Book Here
Book Description
Author: William Joyce (of Lincoln's Inn.)
Publisher:
ISBN:
Category : Injunctions
Languages : en
Pages : 528
Get Book Here
Book Description
Author: James Gordley
Publisher: Clarendon Press
ISBN: 0191029610
Category : Law
Languages : en
Pages : 272
Get Book Here
Book Description
This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN: 1543826288
Category : Law
Languages : en
Pages : 1549
Get Book Here
Book Description
Contracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals. New to the Seventh Edition: In order to keep the size of the book manageable, we have eliminated the section on the signature requirement under the statute of frauds and have slimmed down the materials on internet contracting, which is no longer the “cutting edge” area that once it was. New cases include: Attorney General v. Blake (restitution damages for breach of contract against a British spy who defected to the USSR) Snepp v. United States (squib) (constructive trust against an American spy for breach of contract) Al-Ibrahim v. Edde (denied an unjust enrichment remedy to unwind a contact declared unenforceable for illegality) Pelletier v. Johnson (claim for unjust enrichment allowed to unwind a contract declared unenforceable for illegality) Carter Baron Drilling v. Badger Oil Corp. (discussing the parole evidence rule under the UCC) C.R. Klewin Inc. v. Flagship Properties, Inc. (the exception to the 1-year requirement under the statute of frauds) Cohen v. Clark (case imposing liability on a breaching party that everyone agrees breached in “good faith”; illustrates the strictness of contractual liability) Hanford v. Connecticut Fair Ass’n, Inc. (public policy exception for public health in time of a pandemic) B2C2 Ltd v. Quoine Ltd Pte (unilateral mistake case dealing with “smart contracts”) Professors and student will benefit from: Case-based approach that gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory. Cases that are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills. Restatement and UCC sections integrated to encourage students to consult them as they read the cases. Iconic and contemporary cases combined to show how the classic cases are still relevant. Chapters that begin with a brief, accessible textual introductions. Study Guide questions before each case help focus student attention on salient issues. Flexible organization begins with Remedies, but chapters can be taught in any order.
