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2 v. (2, 2, 4, 2, 954 p.) : ill., maps (some col.) ; 30 cm.
East Asia Library
x, 170 p. ; 25 cm.
  • Objective intent
  • The bargained-for exchange
  • Holmes's Bad man
  • The expectation damages principle and its limits
  • Terms of engagement
  • Mistake, excuse, and implicit terms
  • Duress and the availability of the legal remedy
  • Fine print : contracts in mass markets.
Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow? For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore's The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules. In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes's principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.
(source: Nielsen Book Data)9780674072480 20160610
Law Library (Crown)
xxii, 444 p. ; 25 cm.
  • Preface-- List of Contributors-- List of Abbreviations-- 1. Ius Commune and the Principles of European Contract Law - Contemporary Renewal of an Old Idea, Reinhard Zimmermann-- 2. Good Faith, Hector L. MacQueen-- 3. Offer, Acceptance, and the Moment of Contract Formation, Geo Quinot-- 4. The Battle of Forms, Angelo D. M. Forte-- 5. Agency, Laura Macgregor-- 6. Threats and Excessive Benefits or Unfair Advantage, Jacques du Plessis-- 7. Interpretation, Eric Clive-- 8. Third-Party Contracts, Philip Sutherland-- 9. Payment, Charl Hugo-- 10. Specific Performance and Special Damages, Sieg Eiselen-- 11. Termination for Breach of Contract, Tjakie Naude-- 12. Assignment, Gerhard Lubbe-- 13. Capitalisation of Interest, Max Loubser-- Appendix: The Principles of European Contract Law-- Table of Cases-- Index.
  • (source: Nielsen Book Data)9780748624256 20160528
This volume sets out initially to test the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. The studies go much further, however. Current official moves towards a European contract law within the European Union lend the critiques of PECL offered in this volume an especial urgency and significance. A European contract law is nearer to reality than ever before, and mere policy critiques of that possibility are no longer enough. Technical and substantive assessments of PECL are also essential. This book provides just such assessments from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions.At the same time it may help to inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still vigorous and vital national laws may continue to be developed to remain in step with the needs of the present day.
(source: Nielsen Book Data)9780748624256 20160528
Green Library
1 online resource (xxv, 232 p.)
Law Library (Crown)
xxi, 403 p. ; 25 cm.
Over the last few years increasing attention continues to be paid to the Principles of European Contract Law (otherwise known as the Principles, the Lando Principles or PECL). The drafters of the Principles presented their work in the form of articles accompanied by explanatory notes, averring that the main purpose of the instrument is to serve as a basis for a future European contract law. Can the Lando Principles, as their drafters claim, indeed offer an acceptable basis for a future European contract law? Dr. Busch, both scholar and practitioner, offers a detailed analysis, in response to this question, of the contractual aspects of indirect representation (Arts. 3:301-304 PECL). He evaluates these provisions in the light of Dutch, German, and English law, as well as with reference to the Geneva Convention on Agency in the International Sale of Goods. To introduce this important comparative study and make the background as complete as possible, this book devotes separate chapters to thorough discussions of indirect representation in Dutch law (middellijke vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law (mittelbare Stellvertretung) and in the English doctrine of the undisclosed principal. Lawyers in Europe and elsewhere who must deal with contract law in any connection, will find this thoroughly researched and well-thought-out text to be indispensable. Its value as a scholarly analysis can only grow with the coming years. D. Busch (b. 1974) graduated (cum laude) in Dutch law from the University of Utrecht in 1997. He attained the title of Magister Juris in European and Comparative Law at the University of Oxford (St. John's College) in 1998, and defended his dissertation in 2002 at the University of Utrecht. Until the end of 2001 he was attached as lecturer and researcher to the Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as an attorney-at-law for the law office of De Brauw Blackstone Westbroek in Amsterdam. He has also been an honorary senior lecturer at the Molengraaff Institute since 2004.
(source: Nielsen Book Data)9789041123428 20160528
Law Library (Crown)
pages 1-254 ; 25 cm
  • Gilmore's Grant (or the life and afterlife of Grant Gilmore and his death) / Ronald K. L. Collins
  • The triumph of Gilmore's The death of contract / Robert A. Hillman
  • The afterlife of contract / Jean Braucher
  • The ages of American formalism / Daniel Farber
  • The nonjudicial life of contract : beyond the shadow of the law / Edward L. Rubin
  • Cogs or cyborgs? : blasphemy and irony in contract theories / Amy H. Kastely
  • Law's unity : an essay for the master contortionist / Peter Linzer
  • Langdell's legacy / Dennis Patterson
  • Life, death, and contract / Richard Hyland
  • An unlikely resurrection / Kellye Y. Testy
  • Grant Gilmore, Holmes, and the anxiety of influence / Charles M. Yablon
  • Afterword : the shifting domain of contract / Richard E. Speidel
  • A high-tech assault on the castle : warrantless thermal surveillance of private residences and the fourth amendment / Matthew L. Zabel
  • Public employees and the first amendment petition clause : protecting the rights of citizen--employees who file legitimate grievances and lawsuits against their government employers / Margo Pave.
Law Library (Crown)
xiii, 554 pages ; 25 cm.
  • Introduction / Pier Giuseppe Monateri
  • Theories of contract law / Brian H. BIx
  • In defense of Roman contract law / James Gordley
  • The authoritarian theory of contract / Pier Giuseppe Monateri
  • Contract and the comparatist : should we think about contract in terms of 'contracticles'? / Geoffrey Samuel
  • Critical comparative contract law / Giovanni Marini
  • Contract law and regulation / Giuseppe Bellantuono
  • Enforcing bilateral promises : a comparative law and economics perspective / Francesco Parisi, Marta Cenini and Barbara Luppi
  • Spontaneous order and freedom of contract / Carlo Ludovico Cordasco
  • 'Party autonomy' / Horatia Muir Watt
  • Who is th contracting party? : a trip around the transformation of the legal subject / Maria Rosaria Marella
  • Freedom of contract and constitutional values : some exceptional cases from the Colombian Constitutional Court / Pablo Moreno Cruz
  • The unburiable contract : Grant Gilmore's discontinous parabola and the literary construction of American legal style / Cristina Costantini
  • Queering the contractual paradigm between law and political theory / Flavia Monceri
  • Contracts in literature : from Doctor Faustus to vampires / Daniela Carpi
  • Women and contracts in Angela Carter's postmodern revision of the fairy tale / Sidia Fiorato
  • The wrecking ball : good faith, preemption and US exceptionalism / Peter Goodrich
  • Technological contracts / Massimiliano Granieri
  • Contractual interpretation : the South African blend of common, civil and indigenous law in comparative perspective / Andrew Hutchison
  • Promissory estoppel / Paolo Pardolesi
  • Party autonomy in global context : an international lawyer's take on the political economy of a self-constituting regime / Horatia Muir Watt.
This comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.
(source: Nielsen Book Data)9781849804516 20170612
Law Library (Crown)
xiii, 473 pages ; 24 cm
  • Part I. The overall architecture of contract governance. Contract governance : dimensions in law and interdisciplinary research / Stefan Grundmann, Karl Riesenhuber, and Florian Möslein
  • Part II. Third party impact and contract governance problems in herd behaviour. The concept of herd behaviour : its psychological and neural underpinnings / Tatsuya Kameda, Keigo Inukai, Thomas Wisdom, and Wataru Toyokawa
  • Law, economics and more : the genius of contract governance / Peer Zumbansen
  • Moral hazard and herd behaviour in the financial crisis / Bruno S. Frey and Reto Cueni
  • Whistle blowing in the stampede? / Gunther Teubner
  • Herd behaviour and third party impact as a legal concept : on tulips, pyramid games and asset-backed securities / Hans-W. Micklitz
  • Summary of the discussions in Part II / Isabelle Wildhaber
  • Part III. Governance of networks of contracts. Contract, uncertainty, and innovation / Ronald J. Gilson, Charles F. Sabel, and Robert E. Scott
  • Getting is just right / Gerard Hertig
  • Contractual networks in a socio-economic perspective : the case of the European financial crisis (2009-2010) / Richard Swedberg
  • Networks in socio-economic perspective : a proposal for financial regulatory reform / Marc Amstutz
  • Governance mechanism in long-term contracts / Michael Klausner
  • Summary of the discussions in Part III / Florent Thouvenin
  • Part IV. Governance in long-term contractual relationships. Fairness and reciprocity in contract governance / Stefan Magen
  • The governance of contract relations : a case for fairness? / Gralf-Peter Calliess
  • Class actions, compliance, and moral cost / Bruno Deffains and Dominique Demougin
  • Intrinsic and extrinsic motivations to comply with legal rules / Fernando Gomez and Mireia Artigot i Golobardes
  • Legal supervision of commercial opportunism / Clayton Gillette
  • Commercial opportunism from an incentive perspective / Urs Schweizer
  • Summary of the discussions in Part IV / Stefan Wichary
  • Part V. Contract governance and rule setting. Private regulation and industrial organisation : contractual governance and the network approach / Fabrizio Cafaggi and Paola Iamiceli
  • Private regulations and networks in transnational supply chains / Wolfgang Kerber
  • Flipping wreck : lex mercatoria on the shoals of ius cogens / Hugh Collins
  • Lex mercatoria, the ISDA master agreement, and ius cogens / Horst Eidenmuller
  • Innovation and the role of public-private collaboration in contract governance / Katharina Pistor
  • The Vienna initiative : a new mode of governance? / Gunnar Folke Schuppert
  • Summary of the discussions in Part V / Susanne Augenhofer
  • VI. Contract governance and political dimensions. Regulating sovereign bond contracts in Europe / Kern Alexander
  • Contract governance, disclosure, and rule-setting between the market and the law : a view from commercial and company law / Klaus J. Hopt.
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Moslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
(source: Nielsen Book Data)9780198723202 20160618
Law Library (Crown)
xviii, 154 pages ; 24 cm
  • What is contract for? And what is contract law for?
  • The historical context of contract
  • The ideological context of contract
  • Classical & neo-classical contract
  • The relational context of contract
  • The economic theories of contract law : part I
  • The economic theories of contract law : part II.
Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book's accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.
(source: Nielsen Book Data)9780415663175 20160617
Law Library (Crown)
xvii, 288 pages ; 24 cm
  • Introduction. The relationship between contract law and commercial expectations
  • Understanding commercial expectations
  • The contours and sources of commercial expectations
  • Current contract law and commercial expectations
  • Commercial expectations and theories of contract law
  • The relational theory of contract
  • Commercial expectations and legal capacity
  • Conclusion. Aligning contract law and commercial expectations.
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.
(source: Nielsen Book Data)9781849461214 20160613
Law Library (Crown)
xxviii, 419 pages : forms ; 24 cm
  • The design of contract damages / George Triantis.
Australia's prosperous energy and resources sector is founded on long term contracts. Long term contracts give rise to a variety of difficult conceptual and practical issues that must be confronted by commercial lawyers and energy and resource professionals on a daily basis, ranging from negotiation and documentation through to interpretation and breach. Questions as to the operation, nature, and effect of long term contracts will continue to assume central importance to Australia as a whole in circumstances where the Asian economies, particularly China, Japan, and India, are anxious for security of supply in relation to commodities.This book confronts some of the major issues under long term contracts from both legal and practical perspectives.
(source: Nielsen Book Data)9781862879157 20160612
Law Library (Crown)
222 p. ; 25 cm.
  • Les deux visages de la contractualisation : déconstruction du Droit et renaissance féodale / Alain Supiot
  • Formes et raisons de la place marginale du contrat dans les "accords juridiquement validés" en Afrique noire au tournant du XXe siècle / Étienne Le Roy
  • Contrat, coercition et institution : un regard d'économiste / Nicolas Postel
  • Lectures socio-juridiques sur l'État et le contrat / Evelyne Serverin
  • Loi de programmation : loi nouvelle ou contrat implicite? / Stéphane Guérard
  • Procédure et procédés (propos critiques sur la contractualisation de la procédure pénale) / Bertrand de Lamy
  • La contractualisation de la famille, entre leurre et instrumentalisation / Françoise Dekeuwer-Défossez
  • Le malaise française en matière de contractualisation / Michel Rocard.
Law Library (Crown)
xiv, 205 p. : ill. ; 24 cm.
  • Part 1: The Enforcement of Contracts 1. The Promising Game 2. Rival Theories of Contract Law 3. The Economic Theory of Contract Law 4. Fidelity to Promising Part 2: The Limits of Bargaining Freedom 5. Soft Paternalism 6. Private Perfectionism 7. Social Perfectionism 8. Substantive Fairness 9. Contractarian Virtue.
  • (source: Nielsen Book Data)9780415700276 20160605
Now, for the first time, there is a comprehensive, eminently readable book designed to focus thinking in the area of contract law. This book bridges the gap between law and economics by confronting normative values that economists too often deem the preserve of moral philosophers. Contract theorists, on the other hand, are seldom in sympathy with economic efficiency norms. While free bargaining continues to be regarded with suspicion by legal scholars who are hostile to private ordering, the proper scope of free bargaining remains in dispute. Combined with a recent renewed interest in this field, these academic tensions mean that the time is right for a reconsideration of contract law. Drawing on scholarship from diverse fields and using illuminating and erudite examples, Just Exchange is entertaining as well as informative. Of interest to economists, lawyers, public policy-makers and those intersted in contract theory, this volume is a valuable overview of a vital intersection between legal studies and economics.
(source: Nielsen Book Data)9780415700276 20160605
Law Library (Crown)
viii, 149 p. ; 24 cm.
  • Acknowledgements Introduction 1. On the Nature and Value of Promise Fried's Argument: Convention, Social Practice, Trust Trust as a Condition Why Promise? Why Want a Promise? What is Wrong with Breaking a Promise? The Value of Promise Promises between Strangers 2. Normativity, Trust and Threats I. The Disjunctive View II. Normativity and Threats in Personal Relations 3. The Nature and Value of Contractual Relations I. Contracts and the Role of Trust II. Contracts, Promises and Special Relations 4. Remedies The Standard Remedy and the Theory of the Practice Choosing a Performance Remedy: Why Not Specific Performance? The Harm Principle and Remedies for Breach Mitigation The Freedom to Change One's Mind 5. Freedom of Contract, Freedom from Contract I. Freedom of Contract II. Freedom from Contract Bibliography Index.
  • (source: Nielsen Book Data)9781841132129 20160528
Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities, but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.
(source: Nielsen Book Data)9781841132129 20160528
Law Library (Crown)
xiv, 349 p. ; 24 cm.
  • Acknowledgements-- Contributors-- Introduction Peter Benson-- 1. Two economic theories of enforcing promises Richard Craswell-- 2. The scope and limits of legal paternalism: altruism and coercion in family financial arrangements Michael J. Trebilcock and Steven Elliott-- 3. Promises and contracts T. M. Scanlon-- 4. The unity of contract law Peter Benson-- 5. The theory of contracts Melvin A. Eisenberg-- 6. Contract law in the Aristotelian tradition James Gordley-- Index.
  • (source: Nielsen Book Data)9780521640381 20160528
Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.
(source: Nielsen Book Data)9780521640381 20160528
Law Library (Crown)

16. Contract law [2000]

2 v. : ill. ; 25 cm.
  • Volume 1: Part 1 The role and limits of contract law: what price contract? - an essay in perspective, Karl N. Llewellyn-- the limits of cognition and the limits of contract, Melvin Aron Eisenberg-- the sound of silence - default rules and contractual consent, Randy E. Barnett-- contract versus contractarianism - the regulatory role of contract law, Jean Braucher-- a comment on the jurisprudence of the uniform commercial code, Richard Danzig-- non-contractual relations in business - a preliminary study, Stewart Macaulay. Part 2 Philosophy and history: promises in morality and in law, Joseph Raz-- a theory of coercion, A.M. Honore-- innovation in 19th-century contract law, A.W.B. Simpson. Part 3 Economic analysis: contract remedies, renegotiation and the theory of efficient breach, Richard Craswell-- contract law in the welfare state - a defence of unconscionability doctrine, usury laws and related limitations on the freedom to contract, Eric A. Posner-- the strategic structure of offer and acceptance - game theory and the law of contract formation, Avery Wiener Katz. Volume 2: Part 1 Default rules and relational contracts: filling gaps in incomplete contracts - a economic theory of default rules, Ian Ayres and Robert Gertner-- principles of relational contracts, Charles J. Goetz and Robert E. Scott-- relational contracts in the courts - an analysis of incomplete agreements and judicial strategies, Alan Schwartz-- contracts - adjustment of long-term economic relations under classical, neoclassical and relational contract law, Ian R. Macneil. Part 2 Critical perspectives: our case law of contract -offer and acceptance, II, Karl N. Llewellyn-- bargaining, duress and economic liberty, Robert L. Hale-- contract as thing, Arthur A. Leff-- unfreezing legal reality - critical approaches to law, Robert Gordon-- alchemical notes - reconstructing ideals from deconstructed rights, Patricia J. Williams-- the gendered origins of the Lumley Doctrine - binding men's consciences and women's fidelity, Lea S. VanderVelde.
  • (source: Nielsen Book Data)9781840147674 20160528
These two volumes present a selection of articles which offer a variety of perspectives on questions basic to contract law. Aspects of contract law addressed in volume one include the role and meaning of contract law, the philosophy and history of contract law, promises, morals and law, and economic analysis. The second volume addresses areas such as default rules and relational contracts, and critical perspectives.
(source: Nielsen Book Data)9781840147674 20160528
Law Library (Crown)
xv, 386 p. ; 24 cm.
  • PART 1: INTRODUCTION-- 1. The Tasks for Regulating Contracts-- 2. The Meaning of Contract:- How Contract Thinks About Association-- Contractualization of Social Life-- Meaning of Contractual Relations-- Embeddedness-- PART 2: THE NEW REGULATION-- 3. The Discourses of Legal Regulation:- Normative Complexity-- Self-reference and Closure-- The Doctrinal Classification System-- The Collision of Private Law with Public Regulation-- The Productive Disintegration of Private Law-- 4. The Capacity of Private Law:- Private Law as Regulation-- Reflexive Regulation-- Standard Setting-- Monitoring and Enforcement-- Conclusion-- PART 3: REGULATION IN THE CONSTRUCTION OF MARKETS-- 5. The Construction of Markets:- Trust and Sanctions-- Markets Without a State-- The Construction of Trust-- The Construction of Non-legal Sanctions-- The Significance of Legal Sanctions-- The Adjudication Process-- Conclusion-- 6. Rationality of Contractual Behaviour:- Three Frameworks of Contractual Behaviour-- The Non-Use of Contracts-- Relational and Discrete Contracts-- Reasonable Expectations-- 7. Planning and Co-operation:- Lawyers as Engineers-- Informality in Business Dealings-- Incompleteness in Planning Documents-- Risk-- Insufficient Specificity of Self-regulation-- Flexibility-- Conclusion-- 8. Formalism and Efficiency:- The Form of Legal Doctrine-- Closure and Expectation-- Commercial Arbitration-- Reasoning in the Common Law-- The Virus of Formalism-- A Transformation in Legal Doctrine?-- 9. Contract as Thing:- Money-- Formality-- Legal Pluralism-- Futures Contracts-- Club Markets-- Self-regulating Associations-- PART 4: DISTRIBUTIVE TASKS OF REGULATION-- 10. Power and Governance:- Mass Contracts-- Principal and Agent-- Contract and Organisation-- Conclusion-- 11. Unfair Contracts:- The Illusion of Unfairness-- Open Texture Rules-- Regulatory Backfiring-- The Adequacy of Regulating Market Failure-- Conclusion-- 12. Quality:- Efficient Level of Quality-- Form of Standards-- Monitoring and Enforcement-- Conclusion-- 13. Government by Contract:- Public Services and the Market Mechanism-- The Problem of Co-operation-- The Problem of Quality-- Quasi-Contract in Government-- Conclusion-- 14. Dispute Settlement:- The Taste for Litigation-- Vindication of Contractual Rights-- Access to Justice-- For Settlement-- 15. Conclusion-- Bibliography-- Table of Cases-- Table of Statutes-- Index.
  • (source: Nielsen Book Data)9780198298175 20160528
Using an interdisciplinary approach involving economics, sociology, and law, Regulating Contracts explores fundamental questions about contracts and legal regulation. What kind of social relation do contracts create, or, more precisely, how do contracts cover social interaction? How are contractual relations or more generally markets constructed? Does the law play a significant role in contractual practices, and in particular what do lawyers, courts, and legal sanctions contribute to the contractual social order? For what distributive purposes does the law attempt regulation? The controversial conclusions of this study suggest that the law plays an insignificant role in the construction of markets, and that law and lawyers could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning. Legal regulation of contracts concerned with redistributive tasks, such as redress of unfairness, countering unjust power relations, and access to justice, is evaluated both with respect to the objectives of regulation and the search for the most efficient and efficacious form of regulation.
(source: Nielsen Book Data)9780198298175 20160528
Law Library (Crown)
1 videocassette : sd., col. ; 1/2 in.
Lecture on contract economics given by Judge Richard Posner to the Professor Donohue's contracts class at Stanford Law School.
Law Library (Crown)
vii, 188 p. ; 22 cm.
Law Library (Crown)
22, 4 p. ; 28 cm.
Law Library (Crown)


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