Contract Law Minimalism

A Formalist Restatement of Commercial Contract Law

Author: Jonathan Morgan

Publisher: Cambridge University Press

ISBN: 110747020X

Category: Law

Page: 312

View: 7240


Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Contract Law

Principles and Context

Author: Andrew Stewart,Warren Swain,Karen Fairweather

Publisher: Cambridge University Press

ISBN: 1107687489

Category: Law

Page: 552

View: 3062


Provides a fresh, topical and accessible account of the Australian law of contract.

The Constitutional Dimension of Contract Law

A Comparative Perspective

Author: Luca Siliquini-Cinelli,Andrew Hutchison

Publisher: Springer

ISBN: 3319498436

Category: Law

Page: 324

View: 8651


One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Key Ideas in Contract Law

Author: Nicholas McBride

Publisher: Bloomsbury Publishing

ISBN: 150990722X

Category: Law

Page: 128

View: 9607


This book introduces the reader to a number of ideas and issues that underlie the English law of contract-an area of law that is often regarded as forbiddingly dry and technical but which is here made easy to understand and full of interest. Taking as its starting point the role contract law plays in helping markets to operate, the book explains how contract law regulates the commercial risks people take, while at the same time placing limits on what may be bought and sold, and ensuring that contractual powers are not unacceptably abused. A final chapter discusses how contract law can be used to make gifts of binding promises to other people. The book provides a rigorous and stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject. 'Clearly written and bursting with interesting and novel ideas, this lively book will be a great resource for anyone interested in Contract Law.' Paul S Davies, Professor of Commercial Law, University College London

Law, Justice and the State

Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993

Author: International Association for Philosophy of Law and Social Philosophy. World Congress

Publisher: Franz Steiner Verlag

ISBN: 9783515066051

Category: Civil rights

Page: 272

View: 3407


Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.

Minimalism: A Guide to Simple Living

How to Lead a Simple Life a Simple Blueprint to Minimalism

Author: Anna Gracey

Publisher: Speedy Publishing LLC

ISBN: 1630225487

Category: Self-Help

Page: 20

View: 2682


The society has become an extremely busy one and as such it has become imperative for some to find that escape from the hubbub that is experienced every day. Enter the minimalist...for anyone that is interested in learning about the minimalist lifestyle here is "Minimalism: A Guide to Simple Living." This practice is not something new as it has been done by many for centuries; it is simply making resurgence in modern society. This practice is one which allows the individual to step back from the materialistic form of existence and simply to use only what they need and in the extreme cases they rely on their own sustainability. The book gives a through definition of minimalism and then gets into the various tenets that surround it.