Contract Enforcement

Contract Enforcement
Author: Edward Yorio
Publisher: Wolters Kluwer
Total Pages: 832
Release: 2011-01-01
Genre: Law
ISBN: 145480114X

Rev. ed. of: Contract enforcement / Edward Yorio. c1989.

Rules, Contracts and Law Enforcement in the Ottoman Empire

Rules, Contracts and Law Enforcement in the Ottoman Empire
Author: Bora Altay
Publisher: Springer Nature
Total Pages: 118
Release: 2021-10-12
Genre: Business & Economics
ISBN: 3030795772

This book examines the role of institutions and law on the economic performance of the Ottoman Empire between 1500 and 1800. By focussing on the pre-industrial period, the transition to industrialisation and the mechanisms behind it can be explored. Particular attention is given to the allocation of financial resources towards more productive and efficient economic activities and the role this played in economic divergence among societies. A comparative analysis with European societies highlights the importance of non-economic institutions during the pre-industrial period. This book aims to provide new analytical perspectives and ways of thinking about how the Ottoman Empire lost its powerful economic and political structures. It is relevant to students and researchers interested in economic history, law and economics, and the political economy.

Justice in Transactions

Justice in Transactions
Author: Peter Benson
Publisher: Belknap Press
Total Pages: 625
Release: 2019-12-17
Genre: Law
ISBN: 0674237595

“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

Complex Arbitrations

Complex Arbitrations
Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
Total Pages: 414
Release: 2005-01-01
Genre: Law
ISBN: 904112442X

Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

Coercion, Contract, and Free Labor in the Nineteenth Century

Coercion, Contract, and Free Labor in the Nineteenth Century
Author: Robert J. Steinfeld
Publisher: Cambridge University Press
Total Pages: 348
Release: 2001-02-05
Genre: Business & Economics
ISBN: 9780521774000

This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.