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Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1783471549
Category : Law
Languages : en
Pages : 304
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Book Description
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
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1783471549
Category : Law
Languages : en
Pages : 304
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Book Description
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
Author: Israel A. Washburne
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 576
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Book Description
Author: David Campbell
Publisher: Oxford University Press
ISBN: 019885515X
Category : Contracts
Languages : en
Pages : 465
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Book Description
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.
Author: Ian R. Macneil
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1370
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Book Description
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.
Author: Ian R. Macneil
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 0
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Book Description
Author: Trevor L. Brown
Publisher: Cambridge University Press
ISBN: 1107292662
Category : Business & Economics
Languages : en
Pages : 273
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Book Description
Complex Contracting draws on core social science concepts to provide wide-ranging practical advice on how best to manage complex acquisitions. Using a strong analytical framework, the authors assess contract management practices, suggesting strategies for improvement and ways to avoid the pitfalls of managing contracts for large and sophisticated projects. An in-depth analysis of the US Coast Guard's Deepwater program is included to illustrate ways to respond to real-world contracting challenges. This high-profile and controversial case consisted of a projected 25-year, $24 billion contract through which the US Coast Guard would buy a system of new boats, aircraft, communications, and control architecture to replace its aging fleet. The authors explore the reasons why this program, launched with such promise, turned out so poorly, and apply the lessons learned to similarly complex contracting scenarios. This engaging and accessible book has broad applicability and will appeal to policymakers, practitioners, scholars and students.
Author: Ian R. Macneil
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 1390
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Book Description
Author: Yuka Kaneko
Publisher: Springer Nature
ISBN: 9811942382
Category : Political Science
Languages : en
Pages : 230
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Book Description
COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state’s control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 248
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Book Description
Author: Israel a Washburne
Publisher: Legare Street Press
ISBN: 9781021406569
Category :
Languages : en
Pages : 0
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Book Description
Washburne offers a comprehensive examination of the principles of contractual relations, focusing specifically on special contractual relationships. Drawing on case law and other legal sources, he provides detailed analysis of the complex legal issues that arise in these relationships, including agency, partnership, and employment contracts. With its clear and sophisticated analysis of the law of contracts, this book is an essential reference for all legal professionals. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
