Reconstructing Contracts

Author: Douglas G. Baird
Publisher: Harvard University Press
ISBN: 0674073584
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Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, ...

Freedom Of Contract And Paternalism

Author: P. Cserne
Publisher: Springer
ISBN: 1137000325
Size: 12.90 MB
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Contract Terms in Europe:A Basisforand a Challenge toEuropean Contract Law,
ed.Hugh Collins. Alphenaan den Rijn: KluwerLaw International, 43–56. ———.
2013. “Moral Externalities: An Economic Approach tothe Legal Enforcementof
Morality.”In Normsand Values in Law and Economics, ed. Aristides N.Hatzis.
London: Routledge, forthcoming.. Hatzis, Aristides N.,and Eleni Zervogianni.
2006. “JudgeMade Contracts: Reconstructing Unconscionable Contracts,” online:

The Unity Of The Common Law

Author: Alan Brudner
Publisher: OUP Oxford
ISBN: 0191002550
Size: 33.26 MB
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Were a court, however, to actualize the right of welfare, it would explicitly elevate
into a principle of contract law a conception of distributive justice in which
formalist contract law would disappear. ... welfare constraints (e.g. factory safety
standards) for the benefit of those who, because of extreme need, are likely to
acquiesce in harmful bargains. 1 W. Seavey and A. Scott, 'Restitution' (1938) 54
L.Q.R. 236 4. Reconstructing Contracts 5. Agency and Autonomy in Unjust
Enrichment Law.

Equitable Law Of Contracts

Author: Larry A. DiMatteo
Publisher: Brill - Nijhoff
Size: 26.85 MB
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effort to reconstruct contract law . . . would be futile ... on the basis of either of
these conflicting [paradigms]."114 Any attempt at unification must involve a
synthesis of these two schools of contract theory. "[NJeither individualist nor
collectivist premises [can] succeed in unifying contract law."115 Each pole of the
contract spectrum — from unfettered freedom of contract to socialistic
communitarianism — contains the seeds of its own destruction. Unlimited
freedom of contract collapses into ...

Reconstructing Fame

Author: David C. Ogden
Publisher: Univ. Press of Mississippi
ISBN: 1617030449
Size: 42.30 MB
Format: PDF
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I have received a contract offer from the Philadelphia club, but I believe I have the
right to consider offers from other clubs before making any decisions. I, therefore,
request that you make known to all Major League clubs my feelings in this matter,
and advise them of my availability for the 1970 season.2 In it, Flood had publicly
challenged the hegemony ofbaseball by requesting freedom through the
elimination of the reserve clause and a reversal of baseball's antitrust exemption.

Networks As Connected Contracts

Author: Gunther Teubner
Publisher: Bloomsbury Publishing
ISBN: 1847317758
Size: 12.18 MB
Format: PDF, Kindle
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AS WE HAVE seen in the previous Chapter, private law has faced problems in
categorising networks.1 In their guise as trustbased relationships, networks are
rooted within premodern contexts and appear curiously foreign to modern
purposive institutions, such as contracts and organisations. Nonetheless, to the
degree that law has acknowledged their existence at all, it has subsumed
networks within contract and corporate law, by reconstructing their structures as
impliedly agreed ...

Reconstructing Identities In Higher Education

Author: Celia Whitchurch
Publisher: Routledge
ISBN: 0415564662
Size: 16.21 MB
Format: PDF, ePub, Mobi
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I think even now I probably function in relation to academics in a way that they
find diffi fi cult, because I'm an academic [on a non-academic fi contract]. (student
services manager, post-1992 institution 1, UK) There is also a cadre of staff with
doctorates who may not have academic contracts, but who have acquired
generic skills from research training programmes: One of the things that I've
learnt a lot and passed on to others now, is about explaining one's transferable
skills, of which ...

Reconstructing The Levees

Author: Cynthia R. Poe
Size: 32.27 MB
Format: PDF, ePub
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from having to give up their lands.31 A third way planters shared the costs of
flooding with others was to rework contracts with freed people.'2 For the first
couple of years after the war, most contracts between landowners in the Tensas
Basin and the laborers who worked their land were for wages rather than a share
of the crop.33 Under a wage contract a planter might be obligated to provide
rations and quarters even during a flood and would certainly be obligated to pay
for all work ...

In Place Of Austerity Reconstructing The Economy State And Public Services

Author: Dexter Whitfield
Publisher: Spokesman Books
ISBN: 0851247946
Size: 58.37 MB
Format: PDF
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New Labour's promises of devolution, participation, empowerment and public
sector delivery contracts for voluntary organisations and social enterprises have
been ramped up with the Coalition's big society. The commissioning model of
government is a 'wolf in sheep's clothing' because it will lead to private monopoly,
commercialised services, with agendas dominated by the vested interests of
private contractors (Whitfield, 2011b). Big society is dependent on outsourcing
and is ...