The Modern Law of Contract

The Modern Law of Contract

Author: Richard Stone

Publisher: Routledge

Published: 2015-04-10

Total Pages: 594

ISBN-13: 1317743601

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Offers students with a logical introduction to contract law. Exploring various developments and case decisions in the field of contract law, this title combines an examination of authorities and commentaries with a modern contextual approach.


Casebook on Contract Law

Casebook on Contract Law

Author: Jill Poole

Publisher: Oxford University Press

Published: 2016

Total Pages: 845

ISBN-13: 0198732813

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'Casebook on Contract Law' provides students with a comprehensive selection of the cases most likely to be encountered on contract law courses and is specifically designed to meet their needs.


An Introduction to the Law of Contract

An Introduction to the Law of Contract

Author: P. S. Atiyah

Publisher: Oxford University Press, USA

Published: 1989

Total Pages: 528

ISBN-13:

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Substantially revised and updated, this edition reexamines, in the light of renewed support for the ideology of freedom of contract, many of the arguments formerly levelled against this concept.


The Richness of Contract Law

The Richness of Contract Law

Author: R.A. Hillman

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 289

ISBN-13: 9401156808

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Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.


The Law of Contract 1670–1870

The Law of Contract 1670–1870

Author: Warren Swain

Publisher: Cambridge University Press

Published: 2015-02-12

Total Pages: 363

ISBN-13: 1316240002

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The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.


Contract Law and Contract Practice

Contract Law and Contract Practice

Author: Catherine E Mitchell

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 442

ISBN-13: 1782253130

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An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.


Q&A Contract Law

Q&A Contract Law

Author: Richard Stone

Publisher: Routledge

Published: 2014-12-05

Total Pages: 227

ISBN-13: 1317675711

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Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts. www.routledge.com/cw/revision


Justice in Transactions

Justice in Transactions

Author: Peter Benson

Publisher: Belknap Press

Published: 2019-12-17

Total Pages: 625

ISBN-13: 0674237595

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“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.


The Modern Law of Contract

The Modern Law of Contract

Author: Richard Stone

Publisher: Routledge

Published: 2013

Total Pages: 581

ISBN-13: 0415630940

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'The Modern Law of Contract' provides a detailed account of the subject in England and Wales. Centred around a thorough analysis of case law and statute, it also takes into account a variety of theoretical approaches.