Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law
Author: Gregory Klass
Publisher: OUP Oxford
Total Pages: 417
Release: 2014-12-18
Genre: Law
ISBN: 019102208X

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Anson's Law of Contract

Anson's Law of Contract
Author: Sir William Reynell Anson
Publisher: Oxford University Press, USA
Total Pages: 850
Release: 2010-08-19
Genre: Law
ISBN: 0199593337

This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.

Remedies for Breach of Contract

Remedies for Breach of Contract
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
Total Pages: 531
Release: 2016-02-12
Genre: Law
ISBN: 0191074411

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

An Introduction to the Comparative Study of Private Law

An Introduction to the Comparative Study of Private Law
Author: James Gordley
Publisher: Cambridge University Press
Total Pages: 735
Release: 2021-01-28
Genre: Law
ISBN: 1108835848

Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.

Private International Law in Commonwealth Africa

Private International Law in Commonwealth Africa
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
Total Pages: 559
Release: 2013-09-12
Genre: Law
ISBN: 0521199697

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Landmark Cases in the Law of Contract

Landmark Cases in the Law of Contract
Author: Charles Mitchell
Publisher: Bloomsbury Publishing
Total Pages: 380
Release: 2008-05-30
Genre: Law
ISBN: 1847317103

Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.