Essay Upon the Law of Contracts and Agreements
Essay Upon the Law of Contracts and Agreements

Author: John Joseph Powell

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 488

ISBN-13: 1584775203

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Powell, John Joseph. Essay Upon the Law of Contracts and Agreements. Walpole: Printed, At the Press of Thomas & Thomas, by David Newhall, 1802. Two volumes. Reprint available January 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-520-3. Cloth. $150. * Reprint of the first American edition of the first treatise on the subject. (It is based on the first London edition, 1790, to which it is starred.) Powell [1755?-1801] wrote several distinguished treatises that were used widely in England and America, including this one. Though mildly critical of its organization, Holdsworth considers it "an able book" that "is much more than a digest of cases" because "[i]n all cases the author tries, with considerable success, to state principles, and to illustrate them by cases.": History of English Law XII:392.

The Law of Contract
The Law of Contract

Author: G. H. Treitel

Publisher:

Published: 2003

Total Pages: 1290

ISBN-13:

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This text explains and analyzes the law of contract, and provides a detailed examination of many areas of controversy and difficulty. Amongst recent developments examined is the Contracts (Rights of Third Parties) Bill.

Philosophical Foundations of Contract Law
Philosophical Foundations of Contract Law

Author: Gregory Klass

Publisher: OUP Oxford

Published: 2014-12-18

Total Pages: 417

ISBN-13: 019102208X

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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.

Understanding Contract Law
Understanding Contract Law

Author: Richard Austen-Baker

Publisher: Taylor & Francis

Published: 2022-11-18

Total Pages: 179

ISBN-13: 1000784886

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Understanding Contract Law provides an accessible, in-depth analysis of the purpose of contracting and the role of the law of contract, as well as theories that inform it. Assessing the historical development of this cornerstone of law, the book provides detailed analysis of some of the leading theoretical explanations, and how they are applied in jurisdictions throughout the world. With a new chapter examining the impact of globalization on contract law, this new edition also includes recent behavioural research around responses to contract breach. The book’s accessibility is enhanced by text boxes defining key concepts and terms, and biographical notes of leading figures and scholars. This ensures that readers are able to gain a clear understanding of the narratives and theories explained in the book, and to appreciate how contract law has evolved. Uniquely, the book is not limited to one jurisdiction, making this an essential text for students wishing to expand their knowledge of this fundamental area of law around the world.

Defences in Contract
Defences in Contract

Author: Andrew Dyson

Publisher: Bloomsbury Publishing

Published: 2017-02-09

Total Pages: 385

ISBN-13: 1509902147

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This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.

The Many Legalities of Early America
The Many Legalities of Early America

Author: Christopher L. Tomlins

Publisher: UNC Press Books

Published: 2012-12-01

Total Pages: 479

ISBN-13: 0807839086

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This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.

Good Faith and Relational Contracts
Good Faith and Relational Contracts

Author: Anthony Gray

Publisher: Bloomsbury Publishing

Published: 2024-10-31

Total Pages: 297

ISBN-13: 1509973079

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This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.