Money Awards In Contract Law
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| Author | : David Winterton |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 370 |
| Release | : 2015-06-18 |
| Genre | : Law |
| ISBN | : 1782252959 |
The quantification of contractual money awards is a topic of both significant theoretical interest and immense practical importance. Recent debates have ranged from the availability of gain-based relief to the basis for principles of remoteness and mitigation. While these and other important issues, such as the recovery of damages for non-pecuniary loss, are touched upon, the book's principal objective is to challenge the conventional interpretation of the principle generally acknowledged to govern this area of the law, which Parke B famously laid down in Robinson v Harman. According to this conventional interpretation, the objective of all money awards given in accordance with the Robinson v Harman principle is simply to 'compensate' the promisee for the 'loss' that can be attributed to the promisor's failure to perform as promised. After challenging this orthodoxy, Dr Winterton proposes a new understanding of the Robinson v Harman principle, which draws an important distinction between money awards that substitute for the performance promised and money awards that aim to make good certain detrimental factual consequences that can be attributed to a promisor's breach. In exploring the significance of this distinction, the different principles underpinning the quantification and restriction of each kind of award are explored in addition to some important theoretical issues such as the effect that the occurrence of a breach has on the rights generated by contract formation. The book's unifying objective is to outline a coherent picture of the law of contractual money awards. It will be of interest to judges, practitioners and academics alike. Nominated for the 2018 St Petersburg International Legal Forum Private Law Prize!
| Author | : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) |
| Publisher | : |
| Total Pages | : 180 |
| Release | : 2019-09-27 |
| Genre | : |
| ISBN | : 9781680923025 |
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
| 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 | : Mo Zhang |
| Publisher | : BRILL |
| Total Pages | : 495 |
| Release | : 2019-12-16 |
| Genre | : Law |
| ISBN | : 9004414789 |
Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
| Author | : Jonathan Morgan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 327 |
| Release | : 2020-04-02 |
| Genre | : Law |
| ISBN | : 1352009994 |
This textbook is an engaging introduction to the more advanced writings on contract law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. This edition has been extensively rewritten to include new cases and scholarship throughout. New sections include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract. An excellent book for students of contract law who wish to know more, the aim of the book is not to present a complete overview of theoretical issues in contract law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Edition: - Extensively rewritten to include new cases and scholarship throughout. - New sections and debates include 'no oral modification' clauses, substantive fairness, regulation of standard-form contracts, and remoteness of damage in contract.
| Author | : Mindy Chen-Wishart |
| Publisher | : Oxford University Press |
| Total Pages | : 531 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198757220 |
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 throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. 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.
| 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.
| Author | : Jeffrey A. Helewitz |
| Publisher | : Aspen Publishing |
| Total Pages | : 478 |
| Release | : 2024-09-15 |
| Genre | : Law |
| ISBN | : |
Year after year, Basic Contract Law for Paralegals is a favorite of teachers and students for its lively, clear text and examples. Offering a straightforward introduction to contract law for paralegal students, this market-leading text covers all the key topics—from offer, acceptance, and consideration, to discharge of obligations and remedies. Written and crafted by Jeffrey A. Helewitz specifically for paralegal students, the Eleventh Edition balances coverage of case law with professional skills development, which culminates with a chapter that asks students to draft a standard contract. New to the 11th Edition: ● Updated cases throughout the text keep the discussion and coverage up-to-date ● New section on Using Artificial Intelligence ● New Quick Quiz review questions at the end of each chapter Professors and students will benefit from: ● Timely and realistic examples that illustrate legal concepts ● Chapter overviews, summaries, and review questions ● Best-practice professional ethics problems in each chapter ● Key terms highlighted throughout ● Sample clauses for analysis ● Stimulating assignments that reflect current practice ● Sample contracts in the appendix
| Author | : Kit Barker |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 613 |
| Release | : 2017-01-26 |
| Genre | : Law |
| ISBN | : 1509908595 |
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
| Author | : John Eldridge |
| Publisher | : |
| Total Pages | : |
| Release | : 2020-11-30 |
| Genre | : |
| ISBN | : 9781760022532 |
