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The Nature of Contractual Obligations: The Analytic Question 1

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0003
Subject:
Law, Law of Obligations

The previous chapter suggested that contract theories should be categorized according to how they answer to basic questions about contract law: (1) an analytic question about the nature of contract ... More


A Summary of the Philosophy of Contract: The Theories of World A

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the main streams of contract philosophy in order to elucidate the extent to which boilerplate is a permissible means of creating contractual obligation. In particular, it ... More


Good Faith and Fault in Contract Law

Jack Beatson and Daniel Friedman (eds)

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.001.0001
Subject:
Law, Law of Obligations

This chapter brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. ... More


The Doctrine of Good Faith in German Contract Law

Werner F Ebke and Bettina M Steinhauer

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0007
Subject:
Law, Law of Obligations

This chapter discusses contract law as set forth in the German Civil Code (Bürgerliches Gesetzbuch). The first part focuses on the judicially created cause of action of breach of contract. The second ... More


Contractual Obligations

Adrian Briggs

in The Conflict of Laws

Published in print:
2019
Published Online:
December 2019
ISBN:
9780198838500
eISBN:
9780191880520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198838500.003.0005
Subject:
Law, Private International Law

This chapter discusses the law on contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome I Regulation, Regulation ... More


Non-Contractual Obligations

Adrian Briggs

in The Conflict of Laws

Published in print:
2019
Published Online:
December 2019
ISBN:
9780198838500
eISBN:
9780191880520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198838500.003.0006
Subject:
Law, Private International Law

This chapter discusses the law on non-contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome II Regulation, ... More


Suspending Contract Performance for Breach

JW Carter

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0019
Subject:
Law, Law of Obligations

This chapter argues for the adoption of the possibility of suspending performance as a remedy for breach. Rather than forcing the injured party to choose between terminating the contract and keeping ... More


Promises, Morals, and Law

P. S. Atiyah

Published in print:
1983
Published Online:
March 2012
ISBN:
9780198254799
eISBN:
9780191681530
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254799.001.0001
Subject:
Law, Law of Obligations

This book attempts an analysis of the nature of promissory obligations. The subject is one which has attracted a great deal of attention among both moral and linguistic philosophers, but the book ... More


Financial Folly and Spain’s Black Legend

Mauricio Drelichman and Hans-Joachim Voth

in Lending to the Borrower from Hell: Debt, Taxes, and Default in the Age of Philip II

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151496
eISBN:
9781400848430
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151496.003.0010
Subject:
Economics and Finance, Economic History

This epilogue argues that Castile was solvent throughout Philip II's reign. A complex web of contractual obligations designed to ensure repayment governed the relationship between the king and his ... More


Alternatives and Frustration

GH Treitel

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0015
Subject:
Law, Law of Obligations

This chapter on alternative obligations considers contracts which give one of the parties the right to choose between two or more ways of rendering performance. It discusses the general rule that a ... More


The Common European Law of Torts: Volume One

Christian von Bar

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.001.0001
Subject:
Law, EU Law

This book is the first of a two volume treatise on the law of non-contractual obligations. The result of an attempt to discover the common elements of the law of torts of all the member states of the ... More


Fiduciary Law as Equity’s Child

Irit Samet

in Equity: Conscience Goes to Market

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.003.0003
Subject:
Law, Philosophy of Law

This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the ... More


Contract Theory

Stephen A. Smith

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.001.0001
Subject:
Law, Law of Obligations

This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, the ... More


Fuller and the Theory of Contract

P. S. Atiyah

in Essays on Contract

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254447
eISBN:
9780191681493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254447.003.0004
Subject:
Law, Law of Obligations

One of the most original, interesting, and profound legal thinkers of the present century is the late Lon Fuller, with ‘The Reliance Interest in Contract Damages’ as one of the most influential ... More


Supervening Events

Hannes Unberath and Ewan McKendrick

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0016
Subject:
Law, EU Law, Law of Obligations

This chapter analyses the effects of external events occurring after the conclusion of the contract (‘supervening events’) on contractual obligations. It focuses on Book III of the (academic) Draft ... More


The Conflict of Laws

Adrian Briggs

Published in print:
2019
Published Online:
December 2019
ISBN:
9780198838500
eISBN:
9780191880520
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198838500.001.0001
Subject:
Law, Private International Law

This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as ... More


Could a Greek Oath Guarantee a Claim Right?: Oaths, Contracts and the Structure of Obligation in Classical Athens

David Carter

in Horkos: The Oath in Greek Society

Published in print:
2008
Published Online:
May 2014
ISBN:
9781904675679
eISBN:
9781781380581
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/liverpool/9781904675679.003.0006
Subject:
History, Ancient History / Archaeology

This chapter examines whether an oath in classical Athens, like a modern contract, guaranteed a ‘claim right’ – in other words, whether it imposed on the swearer a duty to act in a certain way ... More


Deposit Insurance Design and Implementation: Policy Lessons from Research and Practice

Aslı Demirgüç-Kunt, Edward Kane, and Luc Laeven

in Deposit Insurance around the World: Issues of Design and Implementation

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262042543
eISBN:
9780262271462
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262042543.003.0001
Subject:
Economics and Finance, Econometrics

This chapter explains how deposit insurance is capable of being either explicit or implicit. The former refers to coverage that is contractual obligations, while the latter refers to coverage that is ... More


Provincializing Grotius: International Law and Empire in a Seventeenth-Century Malay Mirror

Arthur Weststeijn

in International Law and Empire: Historical Explorations

Published in print:
2017
Published Online:
February 2017
ISBN:
9780198795575
eISBN:
9780191836893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795575.003.0002
Subject:
Law, Public International Law

Recent reinterpretations of Hugo Grotius focusing on his treatise De jure praedae see him as intellectually compromised by his efforts to provide legal support for the colonial ambitions of the Dutch ... More


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