The Adequacy Of Common Law Damages
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Author | : Gordon Anderson |
Publisher | : Edward Elgar Publishing |
Total Pages | : 393 |
Release | : 2017-09-29 |
Genre | : Law |
ISBN | : 1783479701 |
The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.
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.
Author | : Solène Rowan |
Publisher | : Oxford University Press on Demand |
Total Pages | : 292 |
Release | : 2012-01-26 |
Genre | : Law |
ISBN | : 0199606609 |
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
Author | : |
Publisher | : |
Total Pages | : 20 |
Release | : 1988 |
Genre | : Breach of contract |
ISBN | : 9780724167296 |
Author | : Douglas Laycock |
Publisher | : Oxford University Press, USA |
Total Pages | : 375 |
Release | : 1991 |
Genre | : Equitable remedies |
ISBN | : 0195063562 |
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
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.
Author | : Stuart Sime |
Publisher | : Oxford University Press |
Total Pages | : 691 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198747675 |
This volume provides a commentary on all the major areas of civil procedure. It includes the rules of practice as applied by the courts, enabling anyone practising to obtain a thorough grasp of the principles relevant to the course of litigation.
Author | : Juridical Society (Great Britain) |
Publisher | : |
Total Pages | : 132 |
Release | : 1871 |
Genre | : Law |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 429 |
Release | : 2015-11-09 |
Genre | : |
ISBN | : 9781400400317 |
Author | : Kyle Scott |
Publisher | : Lexington Books |
Total Pages | : 194 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780739123768 |
Dismantling American Common Law provides new insights into the political implications and philosophical origins of the American common law tradition, the importance of which has largely been ignored by the political science community.