Equity and Law

Equity and Law
Author: John C. P. Goldberg
Publisher: Cambridge University Press
Total Pages: 483
Release: 2019-08
Genre: Law
ISBN: 1108421318

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Contract Law

Contract Law
Author: Andrew Stewart
Publisher: Cambridge University Press
Total Pages: 601
Release: 2019-06-21
Genre: Law
ISBN: 1107687489

Provides a fresh, topical and accessible account of the Australian law of contract.

Chinese Contract 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.

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.

Equity

Equity
Author: Sarah Worthington
Publisher: OUP Oxford
Total Pages: 400
Release: 2006-08-17
Genre: Law
ISBN: 0191018619

This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.