Caveat Venditor
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Author | : Reinhard Zimmermann |
Publisher | : Clarendon Press |
Total Pages | : 1316 |
Release | : 1996 |
Genre | : Contracts (Roman law) |
ISBN | : 9780198764267 |
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Author | : David D. Friedman |
Publisher | : Princeton University Press |
Total Pages | : 339 |
Release | : 2001-07-02 |
Genre | : Law |
ISBN | : 1400823471 |
What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
Author | : Wendy Reiboldt |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 1055 |
Release | : 2013-11-26 |
Genre | : Law |
ISBN | : 1598849379 |
Designed to empower readers to advocate for themselves and others, this wide-ranging encyclopedia reveals a surprising range of resources and options that consumers have at their disposal. The only book of its kind, this two-volume, alphabetically arranged reference covers a broad array of topics related to consumer rights, including those of interest to often-overlooked populations such as older adults, veterans, and the homeless. Specific entries address critical areas including food and product safety, housing, health care, the financial industry, the automobile industry, and telecommunications. The encyclopedia reviews the historical development of the consumer movement, examines beliefs and values that drive the movement, and identifies agencies and laws intended to safeguard consumers. Expert contributors discuss key current issues as well as those likely to arise in the future. Vignettes and case studies are used throughout, and various, sometimes contrasting viewpoints are shared to help readers better understand the content. Related topics are easily discovered through a "see also" list, and additional readings are provided at the end of each entry.
Author | : Herbert Broom |
Publisher | : |
Total Pages | : 616 |
Release | : 1852 |
Genre | : Legal maxims |
ISBN | : |
Author | : Herbert Broom |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 859 |
Release | : 2010-06 |
Genre | : Legal maxims |
ISBN | : 158477052X |
A Substantial Collection of Legal Maxims That is Now an Accepted Classic Each maxim is expertly translated, and enhanced by Broom's knowledgeable explanatory essays that provide the source and meaning, and are in themselves extremely well-annotated. Taken in light of his excellent classification system, Broom's essays will facilitate an understanding of the principles of common law. This popular book obtained a wide circulation and went through many editions, this being a reprint of the eighth (and last) American edition of 1882. Includes an Alphabetical List of Legal Maxims, a Table of Cases and Index. "His is the very best book of the kind extant." -J.G. Marvin, Legal Bibliography 152 Herbert Broom [1815-1822] was educated at Trinity College, Cambridge, and was called to the bar at the Inner Temple in 1840, where he occupied the post of reader of common law. He was the author of two novels and several works on different aspects of law, including Commentaries on the Common Law (1856), Constitutional Law Viewed in Relation to Common Law and Exemplified by Cases (1866) and Philosophy of Law: Notes and Lectures 1876-8. CONTENTS Ch.I. Sec. I. Rules Founded in Public Policy Sec. II. Rules of Legislative Policy Ch. II. Maxims Relating to the Crown Ch. III. Sec. I. The Judicial Office Sec. II. The Mode of Administering Justice Ch. IV. Rules of Logic Ch. V. Fundamental Legal Principles Ch. VI. Acquisition, Enjoyment and Transfer of Property Sec. I. The Mode of Acquiring Property Sec. II. Property-Its Rights and Liabilities Sec. III. The Transfer of Property Ch. VII. Rules Relating to Marriage and Descent Ch. VIII. The Interpretation of Deeds and Written Instruments Ch. IX. The Law of Contracts Ch. X. Maxims Applicable to the Law of Evidence
Author | : Peter Butt |
Publisher | : Bloomsbury Publishing |
Total Pages | : 968 |
Release | : 2021-02-25 |
Genre | : Law |
ISBN | : 1509936262 |
Clarity and precision in legal writing are essential skills in the practice and study of law. This book offers a straightforward, practical guide to effective legal style from a world-leading expert. The book is thoughtfully structured to explain the elements of good legal writing and its most effective use. It catalogues all aspects of legal style, topic by topic, phrase by phrase, usage by usage. It scrutinises them all, suggesting improvements. Its 'dictionary' arrangement makes it easy to navigate. Topics range as widely as ambiguity, definitions, provisos, recitals, simplified outlines, terms of art, tone, and the various principles of legal interpretation. Words and phrases deal with legal expressions that non-lawyers find opaque and obscure. The purpose is to show that you can usually substitute a plain-English equivalent. Usage entries include matters such as abbreviations, acronyms, active and passive voice, brackets, bullet points, citation methods, cross-referencing, deeds, fonts, document design, footnotes, gender-neutral language, numbering systems, plain language, punctuation, the use of Latin, structures for legal advices and documents, and techniques for editing and proofreading. With an emphasis on technical effectiveness and understanding, the book is required reading for all those engaged in the practice and study of law.
Author | : John W. Reilly |
Publisher | : Dearborn Real Estate |
Total Pages | : 494 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9780793131938 |
From abandonment to zoning, and over 2,800 terms in between, The Language of Real Estate has every term that real estate professionals need. this industry best seller is a must have for all students, practitioners, and educators. Highlights include: * Appendix boasts over 350 commonly used abbreviations. * Subject classification index lists terms by topic. * Spanish key terms help both ESL students and thosewho will be working with ESL customers.
Author | : Benjamin Vaughan Abbott |
Publisher | : |
Total Pages | : 1054 |
Release | : 1879 |
Genre | : Law |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 1032 |
Release | : 1904 |
Genre | : Law |
ISBN | : |
Author | : David Campbell |
Publisher | : Oxford University Press |
Total Pages | : 465 |
Release | : 2022-09-05 |
Genre | : Law |
ISBN | : 0192597353 |
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.