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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.
The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. This practical, student-centered text is a hybrid between traditional and problem-based casebooks. The coursebook provides a thorough discussion of rules, classic and contemporary cases, and an abundance of problems. Applying best practices in learning theory and textbook design, Contracts: A Modern Coursebook builds critical thinking skills faster and more efficiently traditional casebooks. New to the 3rd Edition: Optimized Flexibility Modular and easy to customize content adaptable to one- or two-semesters Increased Focus on Problem Solving Build critical thinking skills faster and more efficiently Additional Examples for Challenging Concepts Increased attention on Parol Evidence, Consideration, Remedies, UCC §2-207, and Conditions Expanded Multiple Choice Questions Provides increased options for assessment Additional Graphics Helps students understand and organize concepts Improved Design Boosts student engagement New Chapter Sequence Reflects adopters’ feedback New Cases and Case Illustrations Highlight contemporary contracts doctrine Professors and Students will benefit from:Clear and Concise Explanations of the Law Rules Precise and concise explanations cover the Restatement (2nd) of Contracts, common law, and UCC. No rules supplements needed. Analytic Frameworks Assist in understanding and applying elements of the rules. Case Illustrations and Examples Explain how rules work in practice. Flowcharts and Graphics Appeal to visual learners. Test Yourself Questions Embedded exercises within the explanation section let students assess their understanding of the rules. Classic and Contemporary Cases in Various FormatsCase Illustrations Concise examples illustrate application of the rules. Case Law Edited full opinions provide opportunities for Socratic dialog. Question prompts engage, build critical reasoning skills, and assist in class prep. Instead of spending class time extracting rules, professors can develop analytic skills and encourage students to apply law to new scenarios or hypos - a process that improves outcomes on exams. Case Briefs. Traditional case briefs emphasize contracts doctrine. Over 500 Questions & Problems Questions for Review Multiple choice questions test students understanding of the rules and can be used as a pre- or in-class assessment or for student's self-assessment. Problem Solving and Analysis Problems based cases and examples build critical thinking skills through a series of thought-provoking hypotheticals based on real-world scenarios. These questions provide opportunities for formative feedback in line with ABA standards. Higher Satisfaction Rates. Adopters report their effectiveness in the classroom and student satisfaction rates improved dramatically with use of this coursebook.
A classic study of the social and economic realities of trade law, told through case studies and rich historical analysis. Comparing contract cases and legislation over three discrete historical periods, Lawrence Friedman shows that social context matters, that law is more flexible and adaptive than traditional doctrinal studies would suggest, and that the framing of contract law can use a fresh reexamination in light of the historical realities he exposes. A recognized study in law & society, this volume previously hid out as a rare book or was completely unavailable. Now readily accessible worldwide, it also features a new preface by the author as well as a new, analytical foreword by Stewart Macaulay, a senior professor of law at the University of Wisconsin. As Macaulay notes, Friedman's Contract Law in America "still challenges those who research, write and teach in the field of contracts. His findings and arguments still call for a serious response today." Has contracts doctrine become "the law of leftovers"? In any event, Macaulay sums up, "Friedman combines scholarship that takes him into dusty archives with insight into the broader effect of both public culture and legal culture. I am continually and pleasantly surprised when I read him." As with all the quality contributions to Quid Pro's Classics of Law & Society Series, this book features modern formatting, legible tables, and hyperaccurate proofreading from the original text. Moreover, it embeds page numbers from the first edition (in both print and digital formats), for continuity of references. Praise for this anniversary edition of the book abounds: "Contract Law in America is one of the most important works in the entire scholarly literature on American legal history. Friedman took a subject that had been treated by researchers in exclusively doctrinal terms, bringing an entirely new perspective that revealed how contract law has been at the very center of how we need to understand 'law in action' in key periods of American development. In the methodology that Friedman applied, in the brilliance of the analysis, and in the new light his book cast on the full dimensions of governance and law in the United States, this book broke new ground. It remains today, still, required reading for any student of legal history." - Harry N. Scheiber Stefan A. Riesenfeld Professor of Law and History, University of California at Berkeley "The republishing of Contract Law in America is a very welcome event. For years this has been one of the neglected classics of legal literature. Friedman did what the Legal Realists only dreamed of doing-he studied in depth what kinds of contracts cases state courts had decided over time, and found grand patterns in the decisions. As real-world contracts dropped out of common law litigation and into private ordering and specialized regulation, courts abandoned abstract formal rule-making for particularized equitable resolutions. In the present moment, more receptive to social and empirical studies of law than was 1965, Friedman's book should finally find the audience it deserves." - Robert W. Gordon Chancellor Kent Professor of Law and Legal History, Emeritus, Yale University; and Professor of Law, Stanford University "Contract Law in America remains a classic examination of the relationships among legal doctrine, legal culture, and the shifting frameworks of American business enterprise. Amid the current academic re-engagement with questions of political economy, we can only hope that more historians, social scientists, and legal scholars acquaint themselves with Friedman's probing analysis of how law did, and did not, influence American commerce, and how commerce did, and did not, influence American law." - Edward J. Balleisen Associate Professor of History, Duke University
From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.
This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: * the importance of socio-economic valuation in Chinese contract law; * the role of judicial interpretation; * pre-contractual liability - penalties for bad faith, disclosure versus concealment; * validity - mistake, fraud, threats, unfair bargaining power; * adaptation and termination - effect of registration and approval rules; * mandatory rules - good faith and fair dealing, the public interest; and * direct application of constitutional law to contracts. The book's special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People's Republic of China (CLC), the General Principles of the Civil Law of the People's Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.
Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.
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.