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| economic duress contract law: Duress, Undue Influence and Unconscionable Dealing. First Supplement Professor Nelson Enonchong, 2021 |
| economic duress contract law: Beginning Business Law Chris Monaghan, 2015-02-11 Whether you’re new to higher education, coming to legal study for the first time or just wondering what Business Law is all about, Beginning Business Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Business Law module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Chris Monaghan breaks the subject of Business Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Business Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes. |
| economic duress contract law: Contract Law Minimalism Jonathan Morgan, 2013-11-07 Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. 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. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis. |
| economic duress contract law: The Future of the Law of Contract Michael Furmston, 2020-05-10 The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law. |
| economic duress contract law: The Oxford Handbook of Behavioral Economics and the Law Eyal Zamir, Doron Teichman, 2014 'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts. |
| economic duress contract law: Readings in the Economics of Contract Law Victor P. Goldberg, 1989 This collection brings together some of the main contributions to an important area of this work, the economics of contract law. |
| economic duress contract law: Chinese Contract Law Larry A. DiMatteo, Chen Lei, 2017-10-26 A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions. |
| economic duress contract law: Chinese Contract Law - Theory & Practice, Second Edition Mo Zhang, 2019-12-16 Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China. |
| economic duress contract law: Philosophical Foundations of Contract Law Gregory Klass, George Letsas, Prince Saprai, 2014-12-18 In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate. |
| economic duress contract law: New York Contract Law Glen Banks, Judith S. Kaye, New York State Bar Association, Norton Rose Fulbright (Firm)., 2014 |
| economic duress contract law: Vitiation of Contracts Gareth Spark, 2013-01-03 Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts. |
| economic duress contract law: Contract as Promise Charles Fried, 2015 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature. |
| economic duress contract law: The Application of Contracts in Developing Offshore Oil and Gas Projects Philip Loots, Donald Charrett, 2019-03-14 This book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader’s understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view. |
| economic duress contract law: Business Law Concentrate James Marson, Katy Ferris, 2019 This revision guide covers the main topics found on undergraduate business law courses. It provides succinct coverage of key legal points, includes key cases and enables students to quickly grasp fundamental principles from across several legal fields. |
| economic duress contract law: An Introduction to the Law of Restitution Peter Birks, 1985 This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law. |
| economic duress contract law: The New Palgrave Dictionary of Economics and the Law NA NA, 2016-04-30 A great deal of economics is about law - the functioning of markets, property rights and their enforcement, financial obligations, and so forth - yet these legal aspects are almost never addressed in the academic study of economics. Conversely, the study and practice of law entails a significant understanding of economics, yet the drafting and administration of laws often ignore economic principle. The New Palgrave Dictionary of Economics and the Law is uniquely placed by the quality, breadth and depth of its coverage to address this need for building bridges. Drawn from the ranks of academics, professional lawyers, and economists in eight countries, the 340 contributors include world experts in their fields. Among them are Nobel laureates in economics and eminent legal scholars. First published in 1998 and now available in paperback for the first time, The New Palgrave Dictionary of Economics and the Law has established itself as a classic reference work in this important field. |
| economic duress contract law: The Law of Contract Roger Brownsword, 2003 The second edition of this successful work brings the coverage up-to-date with all key developments and relevant changes since 1998. It provides a comprehensive and authoritative treatment of all aspects of the law of contract. It differs to other texts on the topic by offering a fresh, new approach. Analysing the current law, it also highlights possible future developments. Accessible and authoritative, it is designed specifically to meet the needs of the modern practitioner. |
| economic duress contract law: Contract Law and Economics Gerrit de Geest, 2010-10 This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy. |
| economic duress contract law: Hobbes on Legal Authority and Political Obligation Luciano Venezia, 2015-09-01 Hobbes on Legal Authority and Political Obligation develops a new interpretation of Hobbes's theory of political obligation. According to the account developed in the book, the directives issued by the sovereign as introducing authoritative requirements, so that subjects are morally obligated to obey them. |
| economic duress contract law: The Modern Law of Contract Richard Stone, James Devenney, 2015-04-10 Offers students with a logical introduction to contract law. Exploring various developments and case decisions in the field of contract law, this title combines an examination of authorities and commentaries with a modern contextual approach. |
| economic duress contract law: Contracts Richard Stim, 2021-09-01 Life has become an endless series of contracts—this is the manual. There’s no reason to risk your hard-earned money signing a contract you don’t understand. With Contracts: The Essential Business Desk Reference, you get easy-to-understand explanations for every common contract term. In no time, you’ll grasp mysterious concepts like “force majeur,” “indemnity,” and “time is of the essence. Contracts: The Essential Business Desk Reference is more than just an A–Z explanation of over 300 terms. It also includes: common negotiating strategies examples of contract provisions sample contract clauses and entire contracts examples of illegal and dangerous contract clauses what to expect if you or the other side breaks a contract up-to-date explanations of electronic contracts, and tips on amending and modifying agreements. Whether you’re starting a business, signing a lease, hiring a new employee or independent contractor, licensing a concept, selling a boat, or contracting for a new fireplace, Contracts: The Essential Business Desk Reference can help. A must-have for small business owners, entrepreneurs, lawyers, and law students—and anyone else whose success is built around understanding and negotiating agreements. |
| economic duress contract law: The Law of Contract G. H. Treitel, 1966 |
| economic duress contract law: The Law of Unjust Enrichment Robert Goff Baron Goff of Chieveley, Gareth H. Jones, 2016 Présentation de l'éditeur : Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies. |
| economic duress contract law: Contract Law in Hong Kong Michael Fisher, Desmond G. Greenwood, 2011-01-01 This revised and expanded second edition of Contract Law in Hong Kong is the most comprehensive contemporary textbook on Hong Kong contract law written primarily for law students. The 16 chapters of the book cover all basic contract concepts in a reader-friendly style and make ample use of case illustrations. The book deals with all the core areas of Contract Law. The first two chapters introduce the major themes and explain the multiple sources of law in Hong Kong. The subsequent thirteen chapters cover the formation of a valid contract, its contents, vitiating elements, the consequences of illegality, the termination of contracts and remedies for breach of contract. The book concludes with an explanation of the doctrine of privity and proposals for reform of the operation of privity in Hong Kong. Particular attention is given to what makes Hong Kong law different from other common law jurisdictions, and to the continuing significance of English case law in Hong Kong and the theoretical and practical reasons for this. The book is intended primarily as a readable but comprehensive and authoritative text for Hong Kong law students. Practising lawyers and professionals who need to acquire knowledge on the topic, however, will also find this book useful and accessible. |
| economic duress contract law: Contract Law and Economics Gerrit de Geest, 2010-10 This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy. |
| economic duress contract law: Contract Law T. T. Arvind, 2017 A uniquely practical approach to contract law, with a problem-based focus. Engaging and innovative, this new textbook uses problems and illustrations to help students quickly grasp core concepts, identify relevant issues, engage with key debates, and apply their learning to real-life contexts. |
| economic duress contract law: Contract Law Neil Andrews, 2015-05-14 Significantly streamlined and updated, this second edition provides a clear introduction to all topics in the contract law curriculum. |
| economic duress contract law: Landmark Cases in the Law of Contract Charles Mitchell, Paul Mitchell, 2008-05-30 Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques. |
| economic duress contract law: European Contract Law Hein Kötz, 2017 This edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions. |
| economic duress contract law: The Limits of Freedom of Contract Michael J. Trebilcock, 1997-03-25 Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts? |
| economic duress contract law: Economic Duress: Judges as Arbitrators of Commercial Morality? Ronan Garvey, 2020-05-13 Research Paper (postgraduate) from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 74.00, National University of Ireland, Galway, course: Law, language: English, abstract: This essay delves in the moral aspects of contract law through a detailed analysis of the jurisprudence of economic duress. Answering questions like; Does the common law doctrine of economic duress make courts, not legislators, aribrators of commercial morality. Further, does this inject uncertainty in contract law? Where do judges decide on what is legitimate commercial pressure in hard cases? I further argue that a legislator should establish the foundations of an absolute test for judges, following the civil law system - to promote efficient and cost effective justice . Put simply - with clear rules, the ability to appeal is reduced. |
| economic duress contract law: Sourcebook on Contract Law Oughton, 2000-10-17 This book examines the role and function of the law of contract, comparing it with other aspects of the law of obligations. It also covers the issues of contract formation such as the enforcement of promises, agreement and good faith; the construction and context of contracts; adjustments in long term relationships; the control of contract power and remedies for breach of contract |
| economic duress contract law: D & G Stout, Inc. V. Bacardi Imports, Inc , 1990 |
| economic duress contract law: Contract Law Marco J. Jimenez, 2021-01-31 Contract Law: A Case & Problem-Based Approach is a unique casebook that provides an organizational structure introducing students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law but also meant to help them appreciate the connections and relationships between and among these various subject areas. Part I, the “30,000-foot view,” familiarizes students with contract law, discusses the sorts of problems with which contract law is concerned, and introduces them to some of the basic rules and theories governing contract law. Part II, the “10,000-foot view,” exposes students to each major substantive area of contract law in more depth by discussing one classic case in each area, along with additional historical, theoretical, and contextual materials to supplement the black-letter doctrine. After finishing Parts I and II, the student will have a basic understanding of each major area of contract law, along with a good understanding of how these parts fit together. Part III is therefore designed to explore each of the major subject areas in greater depth, and is organized along the lines of a traditional contracts casebook, including a healthy mix of classic and modern cases, short problems, and exercises. New to the Second Edition: Additional materials and cases added to explore the contract doctrines of impossibility and impracticability in light of past and current epidemics (in the case of polio) and pandemics (in the case of COVID-19). Additional case added to explore the relationship between Contract Law, Civil Rights, and Constitutional Law. Reorganization of some materials in Chapter 8 (defenses). More focused notes and appendices Professors and student will benefit from: Organization exposes students to main concepts, and gives professors a number of choices about how to teach their course. Helpful doctrinal introductions to each new major substantive section. Historical, theoretical, and comparative materials are presented to help students understand and think critically about the black-letter rules. “Thinking tools” feature that helps the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes enrich the students’ black-letter experience. Enjoyable, contextual materials that are included after a number of classic cases help to bring to light fascinating background information. |
| economic duress contract law: Principles, Definitions and Model Rules of European Private Law Study Group on a European Civil Code, Research Group on the Existing EC Private Law, 2008 In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible political Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. |
| economic duress contract law: JC Smith's the Law of Contract Paul S. Davies, 2021 'JC Smith's The Law of Contract' provides a superb overview of all the key areas of contract law making this book ideal for use on all undergraduate courses. A focus on key cases acts a springboard into analysis and critical discussion enabling students to really understand the fundamentals of the subject. |
| economic duress contract law: Contract Law T. T. Arvind, 2022-07-15 Students often find the complex and commercial nature of contract law a real challenge. Contract Law tackles this head-on with problem scenarios and illustrations that reinforce learning and bring the law to life. It equips students with comprehensive knowledge of contract law and gives them the opportunity to engage with the content at a much deeper level. The clear structure and guiding narrative, married with rigorous academic analysis and examination of the law, provides unrivalled support to enable students to confidently navigate the complexities of contract law. Contract Law empowers students to understand, analyse, and critique the law, and to develop their ability to participate in academic debate with confidence and skill. Digital formats and resources: The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - On the accompanying online resources students can find additional support for their studies, including podcasts and videos |
| economic duress contract law: Casebook on Contract Law Jill Poole, 2016 'Casebook on Contract Law' provides students with a comprehensive selection of the cases most likely to be encountered on contract law courses and is specifically designed to meet their needs. |
| economic duress contract law: Annual Review of Civil Litigation Todd Archibald, 2014 |
| economic duress contract law: Duress, Undue Influence and Unconscionable Dealing Nelson Enonchong, 2006 This is the eighth edition of the text which sets out the underlying principles that govern the modern law of trusts and explores in detail the administration of trusts, it incorporates case law and major legislative changes since publication of the seventh edition |
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