Author : Marvin A. Chirelstein
Publisher : West Publishing Company
Page : 244 pages
File Size : 20,86 MB
Release : 2001
Category : Law
ISBN :
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 : Charles Mitchell
Publisher : Bloomsbury Publishing
Page : 380 pages
File Size : 33,7 MB
Release : 2008-05-30
Category : Law
ISBN : 1847317103
Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.
Author : Marco J. Jimenez
Publisher : Aspen Publishing
Page : 1432 pages
File Size : 40,87 MB
Release : 2021-01-31
Category : Law
ISBN : 1543821766
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 : Daniel Reynolds
Publisher :
Page : 222 pages
File Size : 44,90 MB
Release : 2017-08-14
Category : Contracts
ISBN : 9781760021467
This book provides a summary of the 100 most cited cases in the law of contract and related subjects. Each case note contains an outline of the facts, the issues and the decision, an extract of the most frequently cited portions of the judgment, and commentary outlining the principles for which the case stands and incorporating later decisions on the topic. Each case is then distilled into a one-sentence statement of the proposition for which it can be cited as authority.The book covers not only cases that deal directly with contract law, but also cases that relate to topics having a close connection with contract, such as estoppel, unjust enrichment, relief against forfeiture and equitable vitiating factors. This approach provides the reader with a broad overview of the issues that are relevant to the practice, or study, of contract law.This book will be useful to law students, who can expect to read many of these cases during university, as well as to legal practitioners, providing a first point of reference for cases that, by definition, will be frequently encountered in practice.From the Launch, address by The Hon Acting Justice Arthur Emmett AO QC, 18 August 2017..."The genius of the work is the extraction of a single proposition for each of the 100 cases dealt with. Appendix 1 is a table, in alphabetical order, of the cases dealt with, showing opposite each case in the table the single sentence proposition gleaned from that case. Appendix 2 then organises all of the cases dealt with into 10 categories, which cover the principal topics of contract law. ... I congratulate Daniel and Lyndon on the production of this lepidum novum libellum, their charming new little book, a work of very high intellect but also of extremely practical utility." Read Launch notes...
Author : Hugh Beale
Publisher : Bloomsbury Publishing
Page : 1515 pages
File Size : 47,61 MB
Release : 2019-02-21
Category : Law
ISBN : 1509912576
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Author : Jeannie Marie Paterson
Publisher :
Page : 1324 pages
File Size : 19,35 MB
Release : 2015
Category : Commercial law
ISBN : 9780455235981
Contract: Cases and Materials, 13th Edition, continues to be the leading casebook for students of contract law in Australia.
Author : Ewan McKendrick
Publisher : Oxford University Press
Page : 1096 pages
File Size : 13,12 MB
Release : 2024-05-17
Category : Law
ISBN : 0198898045
The market-leading stand-alone guide to contract law from a renowned lawyer; authoritative, comprehensive, and supportive. Comprising a unique balance of 60% text to 40% cases and materials, Contract Law: Text, Cases, and Materials combines the best features of a textbook with those of a traditional casebook. This unique balance shows students the law at work, aiding then in gaining a thorough understanding of contract law.KeyFeatures:- Combines author text with extracts from cases and materials; can be used as a stand-alone text on contract law- Written by an experienced author and leading authority in the field,renowned for his eloquent and accessible writing style - Extensive referencing throughout the book supports students as they undertake independent research - Complemented by online resources with extra material on illegality and incapacity, updates, multiple choice questions and web links New to this edition:- Coverage of, and commentary upon, the decision of the Supreme Court in Guest v Guest - Coverage of, andcommentary upon, the decision of the Supreme Court in Barton v Morris - Coverage of, and commentary upon, the decision of the Supreme Court in The Law Debenture Trust Corporation plc v Ukraine -Coverage of, and commentary upon, the decision of the Privy Council in Nature Resorts Ltd v First Citizens Bank Ltd - Coverage of, and commentary upon, the decision of the Court of Appeal in Re Compound Photonics Group Ltd Digital formats and resources: The eleventh edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access alongwith accompanying online resources, functionality tools, navigation features, and links that offer extra learning support.For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks
Author : Craig A. Smith
Publisher :
Page : 348 pages
File Size : 13,30 MB
Release : 2006
Category : Law
ISBN :
This casebook, written by a lawyer who has taught the contracts course in a California law school for twenty years, provides a convenient way for a contracts instructor to integrate California law into a general contracts course curriculum. Comprehensive in its scope, this book can be used either as a stand-alone casebook or as a supplement to a principal casebook in a law school contracts course. It compares and contrasts the principles and rules of general contract law with the specific California statutes and case law in the field of contracts. The California appellate courts have long been a major influence on the field of substantive contract law, shaping the field of contracts beyond the state's borders. Primary sources of cases and statutes are tied together with concise, easy to understand explanations of the rules of contract law. Smith combines, in a single source, the leading California cases, specific California statutes, and sample legal forms, producing a valuable resource for practicing lawyers and paralegals as well as law students and paralegal students.
Author : Floyd Russell Mechem
Publisher :
Page : 810 pages
File Size : 36,77 MB
Release : 1893
Category : Agency (Law)
ISBN :
Author : Peter Benson
Publisher : Belknap Press
Page : 625 pages
File Size : 17,86 MB
Release : 2019-12-17
Category : Law
ISBN : 0674237595
“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.
