The Philosophical Origins Of Modern Contract Doctrine

Author: James Gordley
Publisher: Oxford University Press on Demand
ISBN: 0198258305
Size: 29.71 MB
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The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.

Essays On Contract

Author: P. S. Atiyah
Publisher: Oxford University Press
ISBN: 019825444X
Size: 36.97 MB
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These essays, concerning the theory and foundations of contractual liability, have previously only been available from diverse sources, and many were not easily accessible. Professor Atiyah has revised and in some places rewritten the essays in this volume, and has also taken the opportunity to reply to criticism previously made of his work.

From Sacrament To Contract Second Edition

Author: John Witte Jr.
Publisher: Presbyterian Publishing Corp
ISBN: 1611641926
Size: 78.22 MB
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This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.

The Construction Contracts Book

Author: Daniel S. Brennan
Publisher: American Bar Association
ISBN: 9781604422559
Size: 75.71 MB
Format: PDF, Mobi
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Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. The ConsensusDocs forms replace many of the forms previously issued by the Associated General Contractors of America (AGC). Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms by providing: An easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements Proposed alternative language for situations where the form contract approach may not provide the best solution List comparing the most significant provisions from each of these forms (on the CD-ROM)"

The Physician Employment Contract Handbook Second Edition

Author: Maria K. Todd
Publisher: CRC Press
ISBN: 1439813175
Size: 77.55 MB
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No matter which way you look at it, whether you own your own practice, become a part of a large physician group, or become an employee of a hospital, you will be signing an employment contract of some sort. Revised and updated, The Physician Employment Contract Handbook, Second Edition: A Guide to Structuring Equitable Arrangements provides sample physician employment contracts and explains how each contract works. The new edition includes increased information on the latest managed care entities and a review of basic concepts in fraud and abuse, corporate practice of medicine, and antitrust concerns. The author discusses the various legal and compliance issues related to physician employment, such as anti-self referral and anti-kickback issues, and examines how to resolve disputes through arbitration or mediation. The author also outlines the pros and cons of various partnership arrangements. After you have finished this book, you will be able to ask meaningful questions of legal and accounting counsel, do a preliminary review and analysis of the agreement offered, and even compare a prospective employer’s contract to other standard agreements without endangering confidentiality agreements. You will be able to design standard text, saving time and money on legal fees by having counsel review and add the final touches to contract drafts instead of starting from scratch. With proper planning and a clear understanding of both short- and long-term objectives, you can move into the future and take advantage of opportunities in the current healthcare revolution.

Boilerplate

Author: Margaret Jane Radin
Publisher: Princeton University Press
ISBN: 069115533X
Size: 70.89 MB
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"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law

Contract As Promise

Author: Charles Fried
Publisher: Oxford University Press, USA
ISBN: 0190240164
Size: 28.12 MB
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Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.

Economic Analysis Of Law

Author: Richard A. Posner
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845538
Size: 79.75 MB
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Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Interpretation Of Contracts

Author: Catherine Mitchell
Publisher: Routledge
ISBN: 1134061706
Size: 51.55 MB
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In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.