Rethinking Contract Law and Contract Design

Rethinking Contract Law and Contract Design
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
Total Pages: 301
Release: 2015-02-27
Genre: Law
ISBN: 1783471549

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Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc

Contractual Relations

Contractual Relations
Author: David Campbell
Publisher: Oxford University Press
Total Pages: 465
Release: 2022-09-29
Genre: Contracts
ISBN: 019885515X

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Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the author. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and an important statement of the relational theory of contract. This is a thoughtful and essential work for academics and research students in law, economics, and sociology.

The New Social Contract

The New Social Contract
Author: Ian R. Macneil
Publisher:
Total Pages: 0
Release: 1980
Genre: Contracts
ISBN:

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Contracts

Contracts
Author: Ian R. Macneil
Publisher:
Total Pages: 1378
Release: 2001
Genre: Law
ISBN:

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Extensive compilation of cases illustrating the development of those laws governing contracts, accompanied by informed text and explanatory materials. Chapter titles discuss: The Foundations and Functions of Contract; Exchange, Society, Contract and Law; Contract and Continuing Relations; Social Control and Utilization of Contractual Relations; Basic Contract Law Concepts Continued: Consideration, Agreement, Litigation, Content, Conditions, Assignment; Planning Contractual Relations; Planning for Performance Revisited; Planning for Risks: Indemnity, Suretyship, Insurance; Planning the Substance of Dispute Resolution; Planning Self-Help Remedies; Planning Processes of Dispute Resolution; and Legal Consequences of Incomplete and Ineffective Risk Planning.

Your Caregiver Relationship Contract: How to Navigate the Minefield of New Roles and Expectations

Your Caregiver Relationship Contract: How to Navigate the Minefield of New Roles and Expectations
Author: Debra L. Hallisey
Publisher:
Total Pages: 148
Release: 2019-08-19
Genre: Family & Relationships
ISBN: 9780578543833

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Have you started picking up groceries for your aging parents while doing your own shopping? Do you go to the doctor with your loved one to be the second set of ears? Does the hair on the back of your neck stands up when you're on the phone with mom, because you feel she is unsafe? Too often, says author Debra Hallisey, we ignore these and other warning signs that our parent or another loved one needs assistance until an event such as a fall or a hospital stay no longer allows us to bury our heads in the sand. Without knowing what to expect as a caregiver, it is difficult to adjust to this caregiver role. In Your Caregiver Relationship Contract, Hallisey, discusses how caregiving changes the everyday lives of the caree, the caregiver, and their circle of loved ones. She uses examples from her own life, as well as many of her clients, to help you work through your elderly parents' expectations, how to set caregiver boundaries, the need to structure hard conversations with mom and dad, and how to pull together a support network for caregiver self-care. Her book aims to bolster these ever-changing roles and provide guidance in navigating the caregiver contract.

Contracts

Contracts
Author: Ian R. Macneil
Publisher:
Total Pages: 1390
Release: 1978
Genre: Contracts
ISBN:

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Revisiting the Contracts Scholarship of Stewart Macaulay

Revisiting the Contracts Scholarship of Stewart Macaulay
Author: Jean Braucher
Publisher: Bloomsbury Publishing
Total Pages: 466
Release: 2013-01-14
Genre: Law
ISBN: 1782250603

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This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.

From Promise to Contract

From Promise to Contract
Author: Dori Kimel
Publisher: Bloomsbury Publishing
Total Pages: 160
Release: 2003-03-14
Genre: Law
ISBN: 1847310761

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Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.