Contract--freedom and Restraint


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The Limits of Freedom of Contract


Book Description

Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?




The Architecture of European Codes and Contract Law


Book Description

The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.




The Common Law of Restraint of Trade


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Contracts and Combinations in Restraint of Trade


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Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.




The Global Commons


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Antarctica, the high seas and deep seabed, the atmosphere, and space are increasingly accessible - and exploited - resource domains. Collectively known as the global commons, they represent a new and profound challenge for international law and institutions. In The Global Commons, Susan Buck considers the unique physical, legal, management, and policy problems associated with these areas. The book is a clear, useful introduction to the subject that will be of interest to general readers as well as to students in international relations, international law, and environmental law and policy.




Contracts in Restraint of Trade (Classic Reprint)


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Excerpt from Contracts in Restraint of Trade Since the publication of the last edition of this short treatise the application of the restraint of trade doctrine as between employer and employed has been modified in no small degree by the trend of modern decisions. The days of Shylock and his bond are over, and the quality of mercy is now strained in favour of the employe. This branch of the law relating to restraints contained in service agreements has recently been the subject of an important decision of the House of Lords in Mason's Case. But there is another and even more interesting aspect of the doctrine which within the last year has been considered both by the House of Lords and by the Privy Council. Since this work first saw the light - nearly twenty years ago - powerful amalgamations and associations of manufacturers have grown up in almost all the large industries, and the doctrine of restraint of trade has become of paramount importance with reference to combinations of this character. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.




Law, Technology and Dispute Resolution


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The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.




Law in Society


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