The Choice Theory Of Contracts

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1108210805
Size: 59.48 MB
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This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.

Research Handbook On Eu Consumer And Contract Law

Author: Christian Twigg-Flesner
Publisher: Edward Elgar Publishing
ISBN: 1782547371
Size: 45.99 MB
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The best-known application of utilitarian principles to contract law are the
theories of 'normative law and economics law' that regard the maximisation of
overall welfare in society, usually defined as the efficient allocation of scarce
resources, as the ... 12 For two different instances of Razian contract theories,
see D Kimel, From Promise to Contract: Towards a Liberal Theory of Contract (
Hart Publishing, 2005), and H Dagan, 'Autonomy, pluralism, and contract law
theory' (2013) 76 Law ...

General Principles Of Law

Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing
ISBN: 1509910700
Size: 61.84 MB
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in LA DiMatteo, Q Zhou, S Saintier and K Rowley (eds), Commercial Contract
Law: Transatlantic Perspectives (Cambridge, Cambridge University Press, 2013);
B Bix, 'Theories of Contract Law and Enforcing Promissory Morality: Comments
on Charles Fried' (2012) 45 Suffolk LR 719; R Kreitner, 'On the New Pluralism in
Contract Theory' (2012) 45 Suffolk LR 915; H Dagan, 'Autonomy, Pluralism, and
Contract Law Theory' (2013) 76 Law and Contemporary Problems 19. 39 D
Ibbetson ...

Minimum Contract Justice

Author: Lyn K L Tjon Soei Len
Publisher: Bloomsbury Publishing
ISBN: 178225711X
Size: 39.74 MB
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Another contract theory that seems favourable, is the contract theory advanced by
Dagan. In Dagan's theory of contract law, contract serves the Razian ideal of '
autonomy as self-authorship'. A society that aims to be just, pursues an ideal of
human flourishing, in which legal institutions, such as contract law, enhance and
empower individuals to be the authors of their own lives. This contract theory
envisages a pluralist contract law that embraces various contract institutions '
insofar as ...

The Future Of Contract Law In Latin America

Author: Rodrigo Momberg
Publisher: Bloomsbury Publishing
ISBN: 1509914269
Size: 34.37 MB
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17 It would appear to need to be very strong in the sense that it is the will or the
agreement of the parties that would explain and justify the contract; as noted by H
Dagan, 'Autonomy, Pluralism and Contract Law Theory' (2013) 76 Law and
Contemporary Problems 19–38: 'The proposition that the commitment to
individual autonomy is one of the most important foundations of contract is a
truism, almost a cliché. Contract, in this common account, is the legal cousin of
the social practice of ...

Reconstructing American Legal Realism Rethinking Private Law Theory

Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199399131
Size: 78.66 MB
Format: PDF, Docs
View: 1989
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Just like with respect to property, marginalizing the former and essentializing the
latter is unjustified because contract rules that target specific transaction types
are no less important for realizing the values we attribute to contract law and are
no less prevalent in our lives. See Hanoch Dagan, Autonomy, Pluralism, and
Contract Law Theory, 76 LAW & COMTEMP. PROBS. Pt. V (forthcoming 2013).
For a particularly provocative critique of treating symmetric discrete arm'slength
exchange ...

Codifying Contract Law

Author: Mary Keyes
Publisher: Routledge
ISBN: 1317164822
Size: 38.31 MB
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This chapter is an updated and expanded version of a Submission (finalised on
16 July 2012, available at <http://ssrn.com/abstract=2111826> accessed 1
September 2013) for the Australian government's consultation on contract law
reform, ... Luke Nottage, 'Tracing Trajectories in Contract Law Theory: Form in
AngloNew Zealand Law, Substance in Japan and the United States' (2013)4(2)
Yonsei Law Journal 175–271, available at <http://ssrn.com/abstract=2270889>
accessed 1 ...

Private Law In The 21st Century

Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509908595
Size: 37.27 MB
Format: PDF
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comparative advantages, in terms of both competence and accountability, of
courts, legislatures, and other potential legal actors for each of the tasks at hand.
Cf H Dagan, 'Judges and Property' in S Balganesh (ed), Intellectual Property and
the Common Law (New York, Cambridge University Press, 2013) 17. 31 See H
Dagan, 'Autonomy, Pluralism, and Contract Law Theory' (2013) 76 Law and
Contemporary Problems 19. 32 See R Gilson, C Sabel and R Scott, 'Contract and
 ...

Contract Law Minimalism

Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Size: 44.83 MB
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(1977) 6 Journal of Legal Studies 51 Rudden, B., 'The gentleman's agreement in
legal theory and in modern practice' [1999] European Review of Private Law 199
Rühl, Giesela, 'The choice of law framework for efficient regulatory competition in
contract law' in Eidenmüller (ed.), Regulatory Competition in Contract Law and
Dispute Resolution (Munich: Sellier, 2013) Sako, M., Prices, Quality and Trust:
Inter-firm Relations in Britain and Japan (Cambridge University Press, 1992) ...

Philosophical Foundations Of Fiduciary Law

Author: Andrew S. Gold
Publisher: OUP Oxford
ISBN: 0191005290
Size: 61.36 MB
Format: PDF, Mobi
View: 7505
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971 (2013). 2 As the text implies, we narrowly circumscribe the ambit of our
inquiry around money managers and invoke corporate fiduciaries only for
purposes of comparison. 3 Examples of financial fiduciaries who are not trustees
are executors, ... For an application in property law and a preliminary one in
contracts, see Hanoch Dagan, Property: Values and Institutions (2011); Hanoch
Dagan, “Autonomy, Pluralism, and Contract Law Theory,” 76 Law & Contemp
Probs 19 (2013) ...