The Choice Theory Of Contracts

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Size: 75.27 MB
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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Contract Law Minimalism

Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Size: 63.19 MB
Format: PDF
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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.

Research Handbook On Eu Consumer And Contract Law

Author: Christian Twigg-Flesner
Publisher: Edward Elgar Publishing
ISBN: 1782547371
Size: 26.60 MB
Format: PDF, ePub
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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 ...

The Organizational Contract

Author: Professor of Transnational Private and European Business Law European University Institute Florence and Professor of Private Law Business Law and Legal Theory Stefan Grundmann
Publisher: Routledge
ISBN: 1317022181
Size: 66.12 MB
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This book introduces and develops the paradigm of the organisational contract in European contract law.

General Principles Of Law

Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing
ISBN: 1509910700
Size: 64.22 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: 62.56 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 ...

Vitiation Of Contracts

Author: Gareth Spark
Publisher: Cambridge University Press
ISBN: 1107031788
Size: 45.70 MB
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Proposes a theoretical link between general vitiating factors in English law and compares this with international statements of contractual principle.

The Future Of Contract Law In Latin America

Author: Rodrigo Momberg
Publisher: Bloomsbury Publishing
ISBN: 1509914269
Size: 55.11 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 ...