Performance of Contracts$dA Summary of Conditions in Contracts and Impossibility of Performance
Author: George P. Costigan (Jr)
Publisher:
Published: 1927
Total Pages:
ISBN-13:
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The Performance of Contracts
Author: George Purcell Costigan
Publisher:
Published: 1911
Total Pages: 100
ISBN-13:
DOWNLOAD EBOOKJustice in Transactions
Author: Peter Benson
Publisher: Belknap Press
Published: 2019-12-17
Total Pages: 625
ISBN-13: 0674237595
DOWNLOAD EBOOK“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Unexpected Circumstances in European Contract Law
Author: Ewoud Hondius
Publisher: Cambridge University Press
Published: 2011-03-03
Total Pages: 715
ISBN-13: 1139501151
DOWNLOAD EBOOKThe recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Corbin on Contracts
Author: Arthur Linton Corbin
Publisher:
Published: 1993
Total Pages: 512
ISBN-13:
DOWNLOAD EBOOKForce Majeure and Hardship Under General Contract Principles
Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
Published: 2009-01-01
Total Pages: 626
ISBN-13: 9041127925
DOWNLOAD EBOOKLawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Anson's Law of Contract
Author: Sir William Reynell Anson
Publisher: Oxford University Press, USA
Published: 2010-08-19
Total Pages: 850
ISBN-13: 0199593337
DOWNLOAD EBOOKThis edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.
Philosophical Foundations of Contract Law
Author: Gregory Klass
Publisher: OUP Oxford
Published: 2014-12-18
Total Pages: 417
ISBN-13: 019102208X
DOWNLOAD EBOOKIn 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.
English Legal Terminology
Author: Helen Gubby
Publisher: Boom Juridische
Published: 2007
Total Pages: 0
ISBN-13: 9789054549314
DOWNLOAD EBOOKThis book explains English legal terminology and concepts for law students who have followed their law studies in a language other than English.
