A Selection of Cases on the Law of Quasi-Contracts, Vol. 1 (Classic Reprint)

A Selection of Cases on the Law of Quasi-Contracts, Vol. 1 (Classic Reprint)
Author: William A. Keener
Publisher: Forgotten Books
Total Pages: 554
Release: 2017-12-12
Genre: Law
ISBN: 9780332694054

Excerpt from A Selection of Cases on the Law of Quasi-Contracts, Vol. 1 That quasi-contracts has been chosen as a title will not be a surprise to any one familiar with the confusion existing in the cases in consequence of the indiscriminate use of the term Implied Con tract, - the term being used not only with reference to a contract implied in law, which is not a contract at all, but also with reference to a contract implied in fact, which is a true contract. It is safe to say that the development of this branch of the law has been much retarded by a confusion of ideas consequent upon this confusion of terms. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

A Selection of Cases on the Law of Quasi-Contracts, Vol. 2 (Classic Reprint)

A Selection of Cases on the Law of Quasi-Contracts, Vol. 2 (Classic Reprint)
Author: William Albert Keener
Publisher: Forgotten Books
Total Pages: 672
Release: 2018-02-12
Genre: Law
ISBN: 9780656425013

Excerpt from A Selection of Cases on the Law of Quasi-Contracts, Vol. 2 DE grey, C. J. This is an application for favor by a man knowingly transgressing. He says, and says rightly, that the insurance contract was null and void. He has therefore a sample in conscience not to pay the money won by the plaintiff, because the play was illegal; but he has no scruple to receive and retain the consideration money. I think the verdict right. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Cases on Quasi-Contracts

Cases on Quasi-Contracts
Author: James Brown Scott
Publisher:
Total Pages: 794
Release: 2015-07-06
Genre: Law
ISBN: 9781330819821

Excerpt from Cases on Quasi-Contracts: Edited With Notes and References The present collection of cases on Quasi-Contracts is prepared to meet the needs of classroom instruction of not more than three hours a week during half a year. While a case-book as such can make little or no pretence to originality in any way, attention is called to the historical treatment of the subject in the first eighteen pages of the book, whereby the quasi-contract of the present day is treated as a natural, if unconscious, development of the quasi-contract of the Roman Law. To make clear this connection, frequent reference is made in the footnotes to the Roman and modern Civil Law of the Continent and Spanish-American States. It is hoped that the law of Quasi-Contract gains in importance and precision, as it certainly does in antiquity and dignity, by treatment as a part of a larger and well-nigh universal system of law. In the next place, the arrangement is different from that with which the public is familiar. The present collection follows, and necessarily, Mr. Ames's classification of the nature and extent of quasi-contract, as did Judge Keener, both in his Cases and Treatise; but the non-contractual aspect of the subject is accentuated from the very beginning. After the introductory matter of Book I., the obligation is considered as existing, independent of any contract, and, indeed, its existence is in itself the negation of contract. As. for example, the obligation of restitution when defendant acquired the plaintiff's property by a tort, or where the money in question was paid by the plaintiff under duress, legal or equitable, or under compulsion of legal process. Then recovery is considered when a contract exists, but the contract itself is due to mistake of law or fact. In the next place, the question of recovery in quasi-contract is considered when the contract is impossible of performance; when the contract is illegal; when the contract is unenforceable under the Statute of Frauds. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Rise & Fall of Classical Legal Thought

The Rise & Fall of Classical Legal Thought
Author: Duncan Kennedy
Publisher: Beard Books
Total Pages: 324
Release: 2006
Genre: Law
ISBN: 1587982781

Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --

Contract Law in Latvia

Contract Law in Latvia
Author: Kalvis Torgāns
Publisher: Kluwer Law International B.V.
Total Pages: 267
Release: 2020-11-20
Genre: Law
ISBN: 9403529237

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Latvia and Wales covers every aspect of the subject definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Latvia and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Fault in American Contract Law

Fault in American Contract Law
Author: Omri Ben-Shahar
Publisher: Cambridge University Press
Total Pages:
Release: 2010-08-16
Genre: Law
ISBN: 1139493302

Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

Benevolent Intervention in Another's Affairs

Benevolent Intervention in Another's Affairs
Author: Christian von Bar
Publisher: Walter de Gruyter
Total Pages: 448
Release: 2009-04-27
Genre: Law
ISBN: 3866537069

In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.