Contract Law and the Legislature: Autonomy, Expectations, and the Making of Legal Doctrine, TT Arvind, Jenny Steele

Автор: Jenks
Название: The History of the Doctrine of Consideration in English Law
ISBN: 1316626210 ISBN-13(EAN): 9781316626214
Издательство: Cambridge Academ
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Цена: 28510.00 T
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Описание: Originally published in 1892, this book was formed from the content of the Yorke Prize Essay for 1891. The text was written by the renowned legal scholar and historian of law, Edward Jenks (1861-1939). It presents a comprehensive history of the doctrine of consideration in English law. Notes are incorporated throughout.

Автор: Stephen Waddams
Название: Sanctity of Contracts in a Secular Age : Equity, Fairness and Enrichment
ISBN: 1108425674 ISBN-13(EAN): 9781108425674
Издательство: Cambridge Academ
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Цена: 109830.00 T
Наличие на складе: Невозможна поставка.
Описание: Numerous techniques have been employed to control highly unreasonable contracts, but large gaps remain, with the consequence that extremely unfair contracts have been enforced. This book advances arguments in favour of recognition of a general judicial power to relieve against highly unreasonable contracts.

Автор: Nancy S. Kim
Название: Consentability: Consent and its Limits
ISBN: 1107164915 ISBN-13(EAN): 9781107164918
Издательство: Cambridge Academ
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Цена: 91870.00 T
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Описание: Consentability examines the relationship between consent, autonomy, and contract, what it means to consent, and proposes new models for how society should determine which activities should (or should not be) consentable. This book is intended for a general audience, as well as policymakers, legislators, judges, lawyers, scholars, and students.

Автор: Gregoire Mallard, Jerome Sgard
Название: Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets
ISBN: 110757871X ISBN-13(EAN): 9781107578715
Издательство: Cambridge Academ
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Цена: 40130.00 T
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Описание: This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.

Название: Feminist Perspectives on Contract Law
ISBN: 1138163058 ISBN-13(EAN): 9781138163058
Издательство: Taylor&Francis
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Цена: 148010.00 T
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Описание: This edited collection questions the assumptions about feminist perspectives on contract law made in mainstream textbooks and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse.

Автор: Mallard
Название: Contractual Knowledge
ISBN: 1107130913 ISBN-13(EAN): 9781107130913
Издательство: Cambridge Academ
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Цена: 78150.00 T
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Описание: This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.

Автор: Yong Qiang Han
Название: Policyholder`s Reasonable Expectations
ISBN: 1509900764 ISBN-13(EAN): 9781509900763
Издательство: Bloomsbury Academic
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Цена: 100320.00 T
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Описание: Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar ‘doctrine’ of ‘policyholder’s reasonable expectations’ has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder’s reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder’s reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder’s reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law ‘doctrine’ of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder’s reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background. "This book provides a stimulating and critical review of a doctrine that is far from dead." Professor Malcolm Clarke, Professor Emeritus of Commercial Contract Law, St John’s College, University of Cambridge "A thoroughly researched inquiry that is both broad in scope and nuanced in its analysis of case law and concepts. It not only re-examines and corrects much of the conventional wisdom regarding the reasonable expectations concept but also appreciates the application of the doctrine to the overall insurer-policyholder relationship as well as to coverage disputes...A fresh and interesting exploration that has both perspective and detail. The book makes insightful observations and marshals specific supporting evidence that requires rethinking of traditional views of both insurance law and contract law....Just when you thought everything had been said about the reasonable expectations “doctrine,” Professor Han provides new and important insights that will prove valuable to scholars addressing the topic, judges deciding cases, and lawyers representing both insurers and policyholders." Jeffrey W Stempel, Doris S & Theodore B Lee Professor of Law, William S Boyd School of Law “This sweeping study of the policyholder’s reasonable expectations makes a strong case for placing greater emphasis on this notion in English insurance law. Analyzing the issue from both doctrinal and comparative law perspectives, it is a must-read for anyone in the field.” Professor Kenneth S Abraham, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law "This book provides the most systematic and comprehensive analysis in the literature on the principle that courts should safeguard policyholders’ reasonable expectations of coverage. In the process, it offers a convincing argument that English insurance law should consider policyholders’ reasonable expectations of coverage." Professor Daniel Schwarcz, Julius E. Davis Professor of Law, University of Minnesota "This book provides an analysis of the concept of the policyholder's reasonable expectations and an enquiry into the place this concept holds and should hold in English law on insurance contracts. In doing so the book addresses wider questions, such as the justifications for not making substantial distinctions in law between insurance contracts and contracts in general, the subsumed role of expectations in contract law, and the real significance of good faith in the performance of contracts under English law. It argues that Engl

Автор: Yong Qiang Han
Название: Policyholder`s Reasonable Expectations
ISBN: 1509927891 ISBN-13(EAN): 9781509927890
Издательство: Bloomsbury Academic
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Цена: 42230.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar ‘doctrine’ of ‘policyholder’s reasonable expectations’ has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder’s reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder’s reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder’s reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law ‘doctrine’ of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder’s reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.

Автор: David Pollard
Название: Pensions, Contracts and Trusts: Legal Issues on Decision Making: Proper purposes, relevant factors and perversity; applying Braganza
ISBN: 1526511835 ISBN-13(EAN): 9781526511836
Издательство: Bloomsbury Academic
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Цена: 153120.00 T
Наличие на складе: Нет в наличии.
Описание: This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers).Recent case law includes:· Pitt v Holt (SC) – trustee decisions (2013)· Braganza (SC) – contractual discretions (2015)· Eclairs (SC) – directors powers: proper purposes (2015)· IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017)· British Airways (CA)– pension plan – proper purposes (2018)The book reviews the relevant doctrines of:· Interpretation rules· Proper purposes;· Due consideration of relevant factors· Full perversity (no reasonable decision maker)

Автор: Liang, Jieying (the University Of Hong Kong)
Название: Party autonomy in contractual choice of law in china
ISBN: 1107169178 ISBN-13(EAN): 9781107169173
Издательство: Cambridge Academ
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Цена: 120390.00 T
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Описание: Liang has made a comprehensive study of the party autonomy principle in China from a practical perspective that includes an analysis of the enforceability of choice of law clauses. Legal practitioners working on commercial contracts between Chinese and foreign enterprises and academics alike will find the book of practical use.

Автор: Robert Summers, Robert Hillman, David Hoffman
Название: Contract and Related Obligation: Theory, Doctrine, and Practice
ISBN: 163459651X ISBN-13(EAN): 9781634596510
Издательство: Mare Nostrum (Eurospan)
Цена: 257790.00 T
Наличие на складе: Невозможна поставка.
Описание: This casebook focuses on the rules and principles of contract law, as well as the lawyer's role in planning and drafting contracts.Chapter One traces a contract case from the agreement stage, to a breakdown in the parties' relationship, to a lawsuit, to a decision in the trial court, and finally to the appellate court's opinion. It includes supporting material, including the parties' agreement, a correspondence from the lawyer to the client, the complaint, a motion to dismiss, the answer, the trial judge's charge to the jury, the special verdict form, the trial judge's decision on motions after the verdict, and the appellate court opinion. These materials help students understand where cases come from and lawyers' various roles, including planning, negotiating, counseling, drafting, as well as litigating.Following the introduction, this casebook presents extensive material on the theory and practice of transactional planning and drafting, as well as additional materials from lawyers involved in the cases.The seventh edition offers comprehensive coverage of contract law theories of obligation, including bargain, promissory estoppel, unjust enrichment, and tort arising in the contract setting.This edition includes new cases and secondary sources on developing issues of contract law. In particular, the casebook introduces several new readings on the psychology underlying contractual obligation. The casebook highlights new approaches to the problem of assent over the internet, to the battle-of-the-forms, and to consideration. The casebook retains its strength in traditional subjects such as good faith, parol evidence, gap filling, conditional obligation, and breach, but the Seventh Edition contains fewer pages than earlier editions and is suitable for a 4, 5 or 6 hour course.Another goal of the new edition is to present interesting and enjoyable materials. It includes, among other things, cartoons, notes on unusual cases, and cases and problems involving public figures such as the Beatles, Elvis Presley, Aretha Franklin, and Michael Jordan. The Seventh Edition even highlights (through a squib case) the relationship of contract law to epic of Gilgamesh, Woody Guthrie, the Declaration of Independence, Noah and The Great Flood, Game of Thrones, Star Wars Episode V: The Empire Strikes Back, Star Trek, President Obama, and Euclid's proof of the Infinity of Primes, among other references.

Автор: Victoria Chico
Название: Genomic Negligence: An Interest in Autonomy as the Basis for Novel Negligence Claims Generated by Genetic Technology
ISBN: 0415859468 ISBN-13(EAN): 9780415859462
Издательство: Taylor&Francis
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Цена: 46950.00 T
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Описание: Advances in human genetics are set to revolutionise the way we think about our health. Within the context of such changing social circumstances, this book identifies novel grievances that might be generated by modern human genetic technologies and considers how the English tort regime might respond to these grievances.