Rethinking Contract Law and Contract Design

Rethinking Contract Law and Contract Design PDF

Author: Victor P. Goldberg

Publisher: Edward Elgar Publishing

Published: 2015-02-27

Total Pages: 301

ISBN-13: 1783471549

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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

Contractual Relations

Contractual Relations PDF

Author: David Campbell

Publisher: Oxford University Press

Published: 2022-09-29

Total Pages: 465

ISBN-13: 019885515X

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Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the author. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and an important statement of the relational theory of contract. This is a thoughtful and essential work for academics and research students in law, economics, and sociology.

Psychological Contracts in Organizations

Psychological Contracts in Organizations PDF

Author: Denise Rousseau

Publisher: SAGE

Published: 1995-05-18

Total Pages: 264

ISBN-13: 9780803971059

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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.

Contracts

Contracts PDF

Author: Ian R. Macneil

Publisher:

Published: 2001

Total Pages: 1374

ISBN-13:

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Extensive compilation of cases illustrating the development of those laws governing contracts, accompanied by informed text and explanatory materials. Chapter titles discuss: The Foundations and Functions of Contract; Exchange, Society, Contract and Law; Contract and Continuing Relations; Social Control and Utilization of Contractual Relations; Basic Contract Law Concepts Continued: Consideration, Agreement, Litigation, Content, Conditions, Assignment; Planning Contractual Relations; Planning for Performance Revisited; Planning for Risks: Indemnity, Suretyship, Insurance; Planning the Substance of Dispute Resolution; Planning Self-Help Remedies; Planning Processes of Dispute Resolution; and Legal Consequences of Incomplete and Ineffective Risk Planning.

Revisiting the Contracts Scholarship of Stewart Macaulay

Revisiting the Contracts Scholarship of Stewart Macaulay PDF

Author: Jean Braucher

Publisher: Bloomsbury Publishing

Published: 2013-01-14

Total Pages: 466

ISBN-13: 1782250603

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This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.

Changing Law and Contractual Relations under COVID-19

Changing Law and Contractual Relations under COVID-19 PDF

Author: Yuka Kaneko

Publisher: Springer Nature

Published: 2022-12-22

Total Pages: 230

ISBN-13: 9811942382

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COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state’s control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?