Contract in Context

Contract in Context
Author: Richard Austen-Baker
Publisher: Routledge
Total Pages: 173
Release: 2014-08-27
Genre: Law
ISBN: 1135096139

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Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.

The Law of Contract 1670–1870

The Law of Contract 1670–1870
Author: Warren Swain
Publisher: Cambridge University Press
Total Pages: 363
Release: 2015-02-12
Genre: Law
ISBN: 1316240002

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The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.

Contracts

Contracts
Author: Michael Hunter Schwartz
Publisher:
Total Pages: 0
Release: 2015
Genre: Contracts
ISBN: 9781611635546

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The second edition retains the style, format, and teaching and learning goals of the first edition, but some cases have been replaced or re-edited, and many of the textual materials, problems, exercises, and case questions have been revised, supplemented, or updated. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. PowerPoint slides are available to professors upon adoption of this book. Download sample slides from the full 457-slide presentation here. If you have adopted the book for a course, contact Beth at [email protected] to request the PowerPoint slides.

Contract Law in Context

Contract Law in Context
Author: Jason Harris
Publisher:
Total Pages: 489
Release: 2014
Genre: Commercial law
ISBN: 9781922180957

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Contract Law in Context was previously published by CCH Australia.Contract Law in Context presents the law of contract in its commercial context. This new title discusses the principles of contract law by following the life cycle of a commercial contract from negotiation to formation, execution, application and interpretation, and then to termination and remedies. The commentary includes references to other important areas of law, such as competition and consumer law, agency law and corporate law. This ensures readers better understand the context within which commercial contracts operate in the real world.Key cases and core principles are explained in terms of their relevance to real life commercial examples, rather than as abstract rules to be remembered and applied. A number of checklists, practical tips, and summaries of key cases and important concepts are included to help students understand the importance and relevance of contract law to business transactions.

Contract Law

Contract Law
Author: Brian Bix
Publisher: Cambridge University Press
Total Pages: 217
Release: 2012-10-15
Genre: Law
ISBN: 0521850460

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This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.

Contract in Context

Contract in Context
Author: Addison Mueller
Publisher:
Total Pages: 1095
Release: 1952
Genre:
ISBN:

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Contract Law

Contract Law
Author: Andrew Stewart
Publisher: Cambridge University Press
Total Pages: 601
Release: 2019-06-21
Genre: Law
ISBN: 1107687489

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Provides a fresh, topical and accessible account of the Australian law of contract.

Contracts in Context

Contracts in Context
Author: Nadelle Grossman
Publisher: Aspen Publishing
Total Pages: 836
Release: 2023-01-31
Genre: Law
ISBN: 1543857701

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Contracts in Context: From Transaction to Litigation, covers contract law from a transactional perspective, including: A contract's structure and terms, Contract formation legal requirements, andThe negotiation, drafting, and performance of contracts, as well as the litigation of contracts, including a review of a contract's interpretation, enforcement, and remedies. Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and how and why parties use contract design and terms to achieve their goals. The book is unique because it introduces students to customary contract provisions, and walks students through the lifecycle of a contract, including (i) pre-formation activities such as due diligence, preliminary negotiations, and contract drafting, (ii) contract formation, performance, and amendment, and (iii) dispute activities, such as interpretation, enforcement, defenses, and remedies. The book explores how parties "contract around" default requirements of the law, in addition to satisfying mandatory aspects of the law, through contracts. The book describes the role of both the transactional lawyer and litigator in working with contracts. It presents much of the material in expository fashion rather than only or primarily through cases. This allows students to learn the doctrine more easily. It also allows for more time on applying the law to new situations. The book challenges students to apply contract law through transactional and litigation practice and simulation problems, which are adaptable to the classroom and asynchronous setting. New to the Second Edition: Additional materials covering the professional identities of attorneys, in addition to their professional responsibilities. Revised practice problems for students to apply the contract law doctrine and private ordering principles they have learned. Expanded discussion of the role of contracts and contract law in widening and correcting power imbalances. Several new cases to enhance the learning experience. Professors and students will benefit from: Material presented on contract design and terms so that students understand how contracts are used in practice by businesspersons and how contract law supports this private ordering. Many examples of contract language to demonstrate why and how parties customize contracts to further their goals. Discussion of the role of the transactional lawyer in working with contracts so that students can begin to develop important transactional skills and wrestle with some of the professional dilemmas transactional lawyers frequently face. Explanations of contract law and other material presented through expository text to give students a more comprehensive and clearer view of what limits the law imposes on their private ordering through contracts and which requirements can be contracted around. A large set of problems, many of which involve tasks assigned to new transactional lawyers and litigators, to allow students to learn the material through active participation and critical thinking.

Good Faith in Contract

Good Faith in Contract
Author: Roger Brownsword
Publisher: Dartmouth Publishing Company
Total Pages: 344
Release: 1999
Genre: Buena fe (Derecho)
ISBN:

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In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.

Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective

Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective
Author: Peng Guo
Publisher: Springer Nature
Total Pages: 198
Release: 2021-11-09
Genre: Law
ISBN: 9811655138

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This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.