Foundations Of Public Contracts
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Author | : Giacomuzzi, José G. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2022-05-06 |
Genre | : Law |
ISBN | : 1800880928 |
This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.
Author | : José G. Giacomuzzi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 304 |
Release | : 2022-05-28 |
Genre | : |
ISBN | : 9781800880917 |
Foundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon's historical, philosophical, and social origins. The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism; preferential treatment that public procurement law provides to the state in its contractual dealing with private entities. Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.
Author | : Nancy S. Kim |
Publisher | : Oxford University Press |
Total Pages | : 239 |
Release | : 2013-09-09 |
Genre | : Law |
ISBN | : 0199399115 |
When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.
Author | : Ralph C. Nash |
Publisher | : CCH Incorporated |
Total Pages | : 614 |
Release | : 1998 |
Genre | : Business & Economics |
ISBN | : |
Author | : Kathleen Gutman |
Publisher | : Oxford University Press, USA |
Total Pages | : 561 |
Release | : 2014-03 |
Genre | : Law |
ISBN | : 0199698309 |
Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.
Author | : Jorge A. Lynch T. |
Publisher | : |
Total Pages | : 118 |
Release | : 2017-04 |
Genre | : |
ISBN | : 9781520977638 |
This book gives you a brief introduction to public procurement and contract administration. It covers the public procurement cycle; procurement planning; requesting, receiving and evaluating bids and proposals; contract negotiations and award; and contract administration (from commencement to close-out). A glossary of terms used in the text is also included, with suggestions for further reading..
Author | : Eldar Shafir |
Publisher | : Princeton University Press |
Total Pages | : 532 |
Release | : 2013 |
Genre | : Business & Economics |
ISBN | : 0691137560 |
Includes bibliographical references and index.
Author | : Joshua P. Frank |
Publisher | : |
Total Pages | : 302 |
Release | : 2020-01-08 |
Genre | : Business & Economics |
ISBN | : 9781733600927 |
Author | : Denise Rousseau |
Publisher | : SAGE |
Total Pages | : 264 |
Release | : 1995-05-18 |
Genre | : Business & Economics |
ISBN | : 9780803971059 |
Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.
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.