Interpretation Of Contracts Current Controversies In Law Book PDF, EPUB Download & Read Online Free

Interpretation of Contracts
Author: Catherine Mitchell
Publisher: Routledge
ISBN: 1134061706
Pages: 176
Year: 2007-06-11
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In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.
The Europeanisation of Contract Law
Author: Christian Twigg-Flesner
Publisher: Routledge
ISBN: 1135923280
Pages: 256
Year: 2013-04-12
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Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.
The Evolutionary Interpretation of Treaties
Author: Eirik Bjorge
Publisher: OUP Oxford
ISBN: 0191025771
Pages: 280
Year: 2014-07-17
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If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
The Creation of a European Law of Contracts
Author: Ewan McKendrick
Publisher: Kluwer
ISBN: 9013019145
Pages: 53
Year: 2004-01-01
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Contract Law
Author: Ewan McKendrick
Publisher: Macmillan International Higher Education
ISBN: 1137609265
Pages: 434
Year: 2017-04-24
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This best-selling, classic text provides a clear and straightforward account of the basic rules of contract law, while also introducing current debates about the nature, scope and functions of the law and discussing wider controversies surrounding the basic doctrines. Praised by both lecturers and students, Contract Law is compact yet comprehensive, well-written, well-structured, stimulating and engaging. This twelfth edition has been fully revised and updated to reflect various developments in the law, and now also includes ‘Hot topic’ discussion boxes in most chapters. It is essential reading for all students taking undergraduate and GDL/CPE courses in contract law. Ewan McKendrick QC (Hon) is Registrar and Professor of English Private Law at the University of Oxford, UK, where he is also a Fellow of Lady Margaret Hall. He is the author of a number of key works on contract law and commercial law, and is an editor of Chitty on Contracts. He is also a barrister in practice at 3 Verulam Buildings, Gray’s Inn and a Master of the Bench of Gray’s Inn. ‘This remains the best book of its kind on English contract law.’ – Hector MacQueen, Scottish Law Commissioner and Professor of Private Law, University of Edinburgh, UK ‘This is a masterly introduction to the English law of contract being lucid and succinct, accurate and incisive. Every student of the subject will benefit from reading it.’ – Andrew Burrows, Professor of the Law of England, All Souls College, Oxford, UK and author of A Casebook on Contract
Law and Language
Author: Michael Freeman, Fiona Smith
Publisher: Oxford University Press
ISBN: 0199673667
Pages: 625
Year: 2013-02-21
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Law and Language, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and language. This volume examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.
The Law of Contract
Author: Janet O'Sullivan, Jonathan Hilliard
Publisher: Oxford University Press, USA
ISBN: 0199686939
Pages: 497
Year: 2014
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The Core Text Series takes the reader straight to the heart of the subject, providing an invaluable and reliable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Contract provides you with a clear, straightforward, and comprehensive account of the core principles of contract law to give you a sound understanding of the subject. Written by Janet O'Sullivan, Director of Studies at Selwyn College, Cambridge, and Jonathan Hilliard, barrister at Wilberforce Chambers, this text covers all the key topics on LLB and GDL courses and introduces you to current debates in the field. The authors break down complex problems into manageable steps and self-test questions are provided at the end of each chapter to help you reinforce your learning and aid revision. You can find answer guidance to these questions as well as additional support for your studies, including author podcasts discussing key cases, additional chapters, and web links on the accompanying Online Resource Centre.
The Interpretation of Contracts
Author: Kim Lewison
Publisher:
ISBN: 0414034074
Pages: 898
Year: 2015-12-10
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This acclaimed work, frequently cited in court, provides clear, practical guidance for all situations where practitioners are faced by questions of contract interpretation, whether they are preparing, advising on or disputing an agreement. It helps practitioners challenge contracts successfully and explain their inadequacies to clients.
The Oxford companion to American law
Author: Kermit Hall, David Scott Clark
Publisher: Oxford University Press, USA
ISBN:
Pages: 912
Year: 2002-05-02
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The comprehensive reference guide to American law features entries written by more than three hundred experts on everything from the Salem witchcraft trials to wiretapping.
Unfair Contract Terms in European Law
Author: Paolisa Nebbia
Publisher: Hart Publishing
ISBN: 1841135941
Pages: 225
Year: 2007
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The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.

The Architecture of European Codes and Contract Law
Author: Stefan Grundmann, Martin Schauer
Publisher: Kluwer Law International B.V.
ISBN: 9041125302
Pages: 374
Year: 2006-01-01
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The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
Rethinking Contract Law and Contract Design
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1783471549
Pages: 304
Year: 2015-02-27
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Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
An Introduction to the American Legal System
Author: John M. Scheb
Publisher: Cengage Learning
ISBN: 0766827593
Pages: 472
Year: 2002
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"An Introduction to the American Legal System" is ideal for undergraduate students in legal studies, political science, criminal justice, pre-law, and sociology programs, paralegal programs, as well as for anyone with an interest in the historical and contemporary approaches to law in America.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association)
Publisher: American Bar Association
ISBN: 160442107X
Pages: 188
Year: 2008
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The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.