Vanishing Contract Law

Vanishing Contract Law
Author: Catherine Mitchell
Publisher: Cambridge University Press
Total Pages: 259
Release: 2022-09
Genre: Business & Economics
ISBN: 1316514137

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Examines how, despite its past significance and influence, English contract law now faces functional and moral redundancy.

Vanishing Contract Law

Vanishing Contract Law
Author: Catherine Mitchell
Publisher: Cambridge University Press
Total Pages: 259
Release: 2022-09-01
Genre: Law
ISBN: 1009084909

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English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.

Boilerplate

Boilerplate
Author: Margaret Jane Radin
Publisher: Princeton University Press
Total Pages: 359
Release: 2012-12-07
Genre: Law
ISBN: 1400844835

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Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Fault in American Contract Law

Fault in American Contract Law
Author: Omri Ben-Shahar
Publisher:
Total Pages: 338
Release: 2010
Genre: Breach of contract
ISBN: 9781107209459

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Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.

Modern Law of Contracts

Modern Law of Contracts
Author: Howard O. Hunter
Publisher:
Total Pages: 650
Release: 1986
Genre: Breach of contract
ISBN:

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Boilerplate (eGalley)

Boilerplate (eGalley)
Author: Margaret Jane Radin
Publisher:
Total Pages: 333
Release:
Genre:
ISBN: 9781400899623

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Exploring Contract Law

Exploring Contract Law
Author: Jason W Neyers
Publisher: Bloomsbury Publishing
Total Pages: 462
Release: 2009-05-14
Genre: Law
ISBN: 1847315119

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In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

The Death of Contract

The Death of Contract
Author: Grant Gilmore
Publisher: Columbus : Ohio State University Press
Total Pages: 151
Release: 1974
Genre: Contracts
ISBN: 9780814201893

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Problems in Contract Law

Problems in Contract Law
Author: Charles L. Knapp
Publisher:
Total Pages: 1288
Release: 1976
Genre: Law
ISBN:

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Concepts and Case Analysis in the Law of Contracts

Concepts and Case Analysis in the Law of Contracts
Author: Marvin A. Chirelstein
Publisher: West Publishing Company
Total Pages: 256
Release: 2001
Genre: Law
ISBN:

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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.