A Lecture On The Law Of Contracts
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Drafting Contracts
Author | : Tina L. Stark |
Publisher | : Aspen Publishing |
Total Pages | : 752 |
Release | : 2013-11-26 |
Genre | : Law |
ISBN | : 1454829052 |
An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises
Research Handbook on Unjust Enrichment and Restitution
Author | : Elise Bant |
Publisher | : Edward Elgar Publishing |
Total Pages | : 544 |
Release | : 2020-07-31 |
Genre | : Law |
ISBN | : 1788114264 |
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Contract Law Minimalism
Author | : Jonathan Morgan |
Publisher | : Cambridge University Press |
Total Pages | : 314 |
Release | : 2013-11-07 |
Genre | : Law |
ISBN | : 110747020X |
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
A Manual of Style for Contract Drafting
Author | : Kenneth A. Adams |
Publisher | : American Bar Association |
Total Pages | : 276 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9781590313800 |
The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.
The Oxford Handbook of the New Private Law
Author | : Andrew S. Gold |
Publisher | : Oxford University Press, USA |
Total Pages | : 640 |
Release | : 2020-11-06 |
Genre | : Law |
ISBN | : 0190919663 |
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Chinese Contract Law
Author | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
The Law of Contracts
Author | : John William Smith |
Publisher | : |
Total Pages | : 438 |
Release | : 1847 |
Genre | : Contracts |
ISBN | : |
Firms, Contracts, and Financial Structure
Author | : Oliver Hart |
Publisher | : Clarendon Press |
Total Pages | : 244 |
Release | : 1995-10-05 |
Genre | : Business & Economics |
ISBN | : 0191521728 |
This book provides a framework for thinking about economic instiutions such as firms. The basic idea is that institutions arise in situations where people write incomplete contracts and where the allocation of power or control is therefore important. Power and control are not standard concepts in economic theory. The book begins by pointing out that traditional approaches cannot explain on the one hand why all transactions do not take place in one huge firm and on the other hand why firms matter at all. An incomplete contracting or property rights approach is then developed. It is argued that this approach can throw light on the boundaries of firms and on the meaning of asset ownership. In the remainder of the book, incomplete contacting ideas are applied to understand firms' financial decisions, in particular, the nature of debt and equity (why equity has votes and creditors have foreclosure rights); the capital structure decisions of public companies; optimal bankruptcy procedure; and the allocation of voting rights across a company's shares. The book is written in a fairly non-technical style and includes many examples. It is aimed at advanced undergraduate and graduate students, academic and business economists, and lawyers as well as those with an interest in corporate finance, privatization and regulation, and transitional issues in Eastern Europe, the former Soviet Union, and China. Little background knowledge is required, since the concepts are developed as the book progresses and the existing literature is fully reviewed.