A.W.B. Simpson
- Published in print:
- 1987
- Published Online:
- March 2012
- ISBN:
- 9780198255734
- eISBN:
- 9780191681622
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198255734.003.0004
- Subject:
- Law, Legal History
This chapter examines the history of debt on informal contracts in England. During the medieval period, a plaintiff in debt could base his claim upon an informal contract when there is no record or ...
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This chapter examines the history of debt on informal contracts in England. During the medieval period, a plaintiff in debt could base his claim upon an informal contract when there is no record or recognizance or a private bond. Contracts were usually used for the sale of land or chattels, loans of money, agreements for services, and leases of land. This chapter discusses the provisions of the English common law concerning informal contracts and provides specific examples of relevant court cases.Less
This chapter examines the history of debt on informal contracts in England. During the medieval period, a plaintiff in debt could base his claim upon an informal contract when there is no record or recognizance or a private bond. Contracts were usually used for the sale of land or chattels, loans of money, agreements for services, and leases of land. This chapter discusses the provisions of the English common law concerning informal contracts and provides specific examples of relevant court cases.
D. J. IBBETSON
- Published in print:
- 2001
- Published Online:
- February 2010
- ISBN:
- 9780198764113
- eISBN:
- 9780191709852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198764113.003.0008
- Subject:
- Law, Law of Obligations, Legal History
This chapter shows how, in the 16th century, the action of trespass on the case came to be established as the primary, ordinary remedy for the imposition of liability on informal contracts. The route ...
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This chapter shows how, in the 16th century, the action of trespass on the case came to be established as the primary, ordinary remedy for the imposition of liability on informal contracts. The route by which this was achieved was the same as that followed in other situations: first of all the argument that trespassory remedy was simply supplementing the remedies that were otherwise available, followed by a wholesale expansion into the ground covered by other remedies.Less
This chapter shows how, in the 16th century, the action of trespass on the case came to be established as the primary, ordinary remedy for the imposition of liability on informal contracts. The route by which this was achieved was the same as that followed in other situations: first of all the argument that trespassory remedy was simply supplementing the remedies that were otherwise available, followed by a wholesale expansion into the ground covered by other remedies.
Peter Birks
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780198719274
- eISBN:
- 9780191788543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198719274.003.0002
- Subject:
- Law, Law of Obligations, Legal History
This chapter examines the principles of organisation which underpin the Roman law of contracts, and how these relate to the major tasks that any law of contract would have to perform. It also looks ...
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This chapter examines the principles of organisation which underpin the Roman law of contracts, and how these relate to the major tasks that any law of contract would have to perform. It also looks into the arrangement of individual transactions in Gaius’ and Justinian’s Institutes, and the division between formal and informal contracts.Less
This chapter examines the principles of organisation which underpin the Roman law of contracts, and how these relate to the major tasks that any law of contract would have to perform. It also looks into the arrangement of individual transactions in Gaius’ and Justinian’s Institutes, and the division between formal and informal contracts.
Christophe J. Nordman and Smriti Sharma
- Published in print:
- 2020
- Published Online:
- April 2020
- ISBN:
- 9780198851189
- eISBN:
- 9780191885921
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198851189.003.0010
- Subject:
- Economics and Finance, South and East Asia, Development, Growth, and Environmental
Using matched worker-firm data from three waves of the Vietnam Small and Medium Enterprises data, we examine whether workers are compensated with higher wages for working in vulnerable jobs and ...
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Using matched worker-firm data from three waves of the Vietnam Small and Medium Enterprises data, we examine whether workers are compensated with higher wages for working in vulnerable jobs and unfavourable working conditions. Wage equations indicate that there are no clear compensating mechanisms for working in poor conditions, for having an informal contract, and for having few financial benefits. Quantile regressions show that workers in the upper tail of the wage distribution are more likely to be penalized for working in adverse working conditions. Employees recruited through official hiring channels with an informal contract earn less than employees hired through social networks. Upon estimating mean decompositions of wage gaps based on working conditions, we find that the gap is almost entirely explained by the conjunction of worker, job, and firm characteristics in 2015, in contrast to the previous survey year of 2013.Less
Using matched worker-firm data from three waves of the Vietnam Small and Medium Enterprises data, we examine whether workers are compensated with higher wages for working in vulnerable jobs and unfavourable working conditions. Wage equations indicate that there are no clear compensating mechanisms for working in poor conditions, for having an informal contract, and for having few financial benefits. Quantile regressions show that workers in the upper tail of the wage distribution are more likely to be penalized for working in adverse working conditions. Employees recruited through official hiring channels with an informal contract earn less than employees hired through social networks. Upon estimating mean decompositions of wage gaps based on working conditions, we find that the gap is almost entirely explained by the conjunction of worker, job, and firm characteristics in 2015, in contrast to the previous survey year of 2013.
A.W.B. Simpson
- Published in print:
- 1987
- Published Online:
- March 2012
- ISBN:
- 9780198255734
- eISBN:
- 9780191681622
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198255734.003.0015
- Subject:
- Law, Legal History
This chapter examines the history of the law of contract in England concerning the transmission of liability on death. During the Middle Ages, executors and administrators of estates were not in ...
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This chapter examines the history of the law of contract in England concerning the transmission of liability on death. During the Middle Ages, executors and administrators of estates were not in general liable for simple contract debts, nor were they liable to be sued for actio personalis moritur cum persona. However, the rise of the assumpsit significantly changed the rule so that the liability for breach of informal contracts was passively transmissible to personal representatives.Less
This chapter examines the history of the law of contract in England concerning the transmission of liability on death. During the Middle Ages, executors and administrators of estates were not in general liable for simple contract debts, nor were they liable to be sued for actio personalis moritur cum persona. However, the rise of the assumpsit significantly changed the rule so that the liability for breach of informal contracts was passively transmissible to personal representatives.
