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This English edition of a classic text on the subject of commercial credit and security has been re-written to emphasise English law, and focuses on the liability of a surety to pay a commercial debt if the principal borrower does not. The coverage includes: analysis of the factors affecting the validity of the guarantee such as duress and undue influence and the liability of the lender for the acts of the principal borrower; construction of guarantees and the meaning of clauses commonly inserted in guarantees; special principles applicable to guarantees being discharged, and how the lender can guard against that eventuality; difficulties in enforcing guarantees; and rights of guarantors, including rights of set off, indemnity and contribution.
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 book provides the commercial lawyer with a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees. It also examines the guarantor's liability and right against both creditors and debtors. A thorough knowledge of the law and practice surrounding guarantees is essential for lawyers in all areas of commercial law, given the complex borrowing and finance requirements of modern industry and institutions. This is the 6th edition of the highly successful book on Guarantees by Geraldine Andrews QC and Richard Millett QC. The book is considered the pre-eminent treatise on the subject of guarantees in the UK.
This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
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.
Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.
This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.
Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.