The Fall And Rise Of Freedom Of Contract

Author: F. H. Buckley
Publisher: Duke University Press
ISBN: 0822380129
Size: 34.72 MB
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This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors.

Fairness In Consumer Contracts

Author: Chris Willett
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781840144925
Size: 39.74 MB
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In addition, it will also be argued below that a full-blooded freedom approach
would certainly not adopt rules requiring a high level of transparency as such
rules interfere with the freedom of the parties in the bargaining process. They
interfere with the freedom of the trader to present his terms as he chooses and
the freedom Generally on the distinction between freedom and fairness
approaches see P.S. Atiyah, The Rise and Fall of Freedom of Contract, OUP,
1979; E. Hondius, The ...

The Paths To Privity

Author: Vernon V. Palmer
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777206
Size: 63.45 MB
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RISE AND FALL OF FREEDOM OF CONTRACT, supra n. 41, at 235. See also AJ
. TAYLOR, LAISSEZ-FAIRE AND STATE INTERVENTION IN 19TH CENTURY
BRITAIN, p. 53 and ff (1972). m See generally, C.K. ALLEN, LAW IN THE
MAKING, pp. 270-272 (7th ed. 1964); J.H. BAKER, AN INTRODUCTION TO
ENGLISH LEGAL HISTORY, 293 (2nd ed. Butterworth's, 1979); ATIYAH, RISE
AND FALL OF FREEDOM OF CONTRACT, supra n. 41 at 399-400, 406.
Professor Atiyah notes that ...

Contract Law In Perspective

Author: Linda Mulcahy
Publisher: Psychology Press
ISBN: 9781859417713
Size: 49.34 MB
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RISE. AND. FALL. OF. FREEDOM. OF. CONTRACT. INTRODUCTION. The law of
contract cannot be fully understood without reference to the history of ideas which
underpins it. It will become apparent in the course of this book that the law of
contract has undergone several important transformations in the last few decades
. Reading cases and statutes from this period will lead to familiarisation with the
detail of such changes but it is unlikely to lead to a full appreciation of how it was
 ...

The Philosophical Origins Of Modern Contract Doctrine

Author: James Gordley
Publisher: Oxford University Press on Demand
ISBN: 0198258305
Size: 33.41 MB
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It is a thesis of Gilmore” and the theme of Atiyah's study, The Rise and Fall of
Freedom of Contract.” According to Savatier, Tunc, and Ranouil, nineteenth-
century French contract law was suited to an age of liberalism." According to
Ranouil, it was the masterpiece of ' Williston, “Freedom of Contract', Cornell Law
Quarterly, 6 (1921), 365 at 366–9. * G. Gilmore, The Ages of American Law (New
Haven, Conn., 1977), 65–6. * P. S. Atiyah, The Rise and Fall of Freedom of
Contract (Oxford, ...

Rise And Fall Of Classical Legal Thought

Author: Duncan Kennedy
Publisher: Beard Books
ISBN: 9781587982781
Size: 28.69 MB
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It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law.

Work Law Cases And Materials Second Edition

Author: Marion G. Crain
Publisher: LexisNexis
ISBN: 0327176555
Size: 17.55 MB
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B. THE RISE AND FALL OF FREEDOM OF CONTRACT The employment relation
in the United States originated as an amalgam of free contract and master-
servant status. As we will see in Chapter 3, the default rule was that employment
contracts were mutually terminable at will. At the same time, however, the law
was laced with assumptions concerning the presumed authority of the master (
employer) to eXercise authority and control over the servant (employee), as well
as duties of ...

Internationalisierung Des Rechts Und Seine Konomische Analyse Internationalization Of The Law And Its Economic Analysis

Author: Thomas Eger
Publisher: Springer-Verlag
ISBN: 3835055828
Size: 35.83 MB
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THE RISE AND FALL OF FREEDOM OF CONTRACT IN WESTERN
ECONOMIES: A COMMON EXPERIENCE Francisco Cabrillo A. The Principle of
Freedom of Contract B. Freedom of Contract in Common Law and Civil Law C. A
brief conclusion: The Evolution of Legal Rules A. The Principle of Freedom of
Contract Richard Epstein is right when he asserts that most of the law of contract
is not about the principle of freedom of contract.1 From a law and economic
perspective the main ...

The European Private International Law Of Employment

Author: Uglješa Grušić
Publisher: Cambridge University Press
ISBN: 1107082943
Size: 18.50 MB
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As the United States (US) Supreme Court stated in M/S Bremen and Unterweser
Reederei 14 Briggs, Agreements on Jurisdiction and Choice of Law, [2.04]. O.
Lando, 'The Conflict of Laws of Contracts: General Principles' (1984-VI) 189
Recueil des Cours 225, pp. 256–84. 16 P. S. Atiyah, The Rise and Fall of
Freedom of Contract (Oxford: Clarendon, 1979), pp. 402–8. A. L. Diamond, '
Harmonization of Private International Law Relating to Contractual Obligations' (
1986-IV) 199 Recueil ...