Contract Law and Its Application

Author: Arthur I. Rosett,Daniel J. Bussel

Publisher: West Publishing Company

ISBN: N.A

Category: Law

Page: 928

View: 5711

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This casebook provides detailed information on contract law and its application. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
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Contract Law and Its Application

Cases and Materials

Author: Daniel J. Bussel,Arthur Rosett

Publisher: N.A

ISBN: N.A

Category: Law

Page: 948

View: 8357

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The Seventh Edition casebook has several distinct aims. Those who prefer to emphasize the centrality of remedies, and the economic orientation that implies, will find the new order of chapters congenial. Those who cannot imagine not starting with a discussion of the concept of bargain, or even offer and acceptance, will find that they do not need to rip the book apart to do so. New teachers, who are likely to view the experience of teaching contracts very differently at the end of the semester, need not worry about conducting major surgery to change their approach the next year. The book is constructed out of relatively brief, interchangeable, and free-standing blocks. At the same time the authors continue to avoid the temptation to edit cases heavily. It remains very important to present a judicial opinion that discloses the judge's process of decision and enough of the reasoning underlying the conclusion for students to appreciate the decision making process. It appears that most students and teachers prefer newer cases and up-to-date issues for examination. The authors have sadly bid farewell to a number of old friends that have been replaced by more contemporary cases. These new cases present students with relevant issues stated in a currently recognizable voice.
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The Interaction of Contract Law and Tort and Property Law in Europe

A Comparative Study

Author: Christian von Bar,Ulrich Drobnig

Publisher: Walter de Gruyter

ISBN: 386653731X

Category: Law

Page: 573

View: 3865

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Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
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Contract Law and Economics

Author: Gerrit de Geest

Publisher: Edward Elgar Publishing

ISBN: 1849806640

Category: Law

Page: 496

View: 6655

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This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.
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Methodology of Uniform Contract Law

The UNIDROIT Principles in International Legal Doctrine and Practice

Author: Maren Heidemann

Publisher: Springer Science & Business Media

ISBN: 3540444629

Category: Law

Page: 230

View: 7472

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This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.
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An International Restatement of Contract Law

The Unidroit Principles of International Commercial Contracts

Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

ISBN: 9004177167

Category: Law

Page: 691

View: 5576

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The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.
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Constitutional Values and European Contract Law

Author: Stefan Grundmann

Publisher: Kluwer Law International B.V.

ISBN: 9041127658

Category: Law

Page: 265

View: 7924

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Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.
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