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Globalization of Freedom of Contract

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0009
Subject:
Political Science, Comparative Politics

The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ... More


Law of Obligations and Contracts

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0008
Subject:
Law, Comparative Law

This chapter discusses Japanese law of obligations and contracts. Topics covered include general rules of law and obligations, the law of contract, and the management of another person's unjust ... More


Termination by Other Means

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0009
Subject:
Law, Company and Commercial Law

This chapter argues that the law of personal employment work contracts has developed in such a way and to such a point that it is extremely difficult to provide a clear and logical overall account of ... More


Consumer Contract Law and General Contract Law

Reinhard Zimmermann

in The New German Law of Obligations: Historical and Comparative Perspectives

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199291373
eISBN:
9780191700613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291373.003.0006
Subject:
Law, Law of Obligations

More than by any other component of the reform process, the face of the German Civil Code (BGB) has been changed by the incorporation of a number of special statutes aiming at the protection of ... More


Defining the Issues

Hugh Beale

in Mistake and Non-Disclosure of Facts: Models for English Contract Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199593880
eISBN:
9780191745362
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593880.003.0001
Subject:
Law, Law of Obligations

This chapter tries to determine whether English law is right to adopt an individualist attitude, or whether it should shift towards the German position, which is generally representative of most ... More


Mistake and Non-Disclosure in Other Systems

Hugh Beale

in Mistake and Non-Disclosure of Facts: Models for English Contract Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199593880
eISBN:
9780191745362
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593880.003.0002
Subject:
Law, Law of Obligations

This chapter examines a selection of other laws of contract, particularly models found in national systems that supposedly form the basis of the PECL provisions. It first studies the Commonwealth ... More


About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law

Walter van Gerven

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0023
Subject:
Law, EU Law

Experts in contract law from different Member States have drafted two volumes of Principles of European Contract Law, which are based on ‘rules’ contained in the contract laws of the EU Member ... More


Lithuania

Andrius Smaliukas and Gintautas Šulija

in Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594559
eISBN:
9780191595714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594559.003.0017
Subject:
Law, Comparative Law, EU Law

This chapter discusses suretyship contracts in Lithuanian banking practice. Topics covered include commercial suretyships and consumer suretyships, suretyships and indebtedness of individuals and ... 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


Breach of Contract

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0007
Subject:
Law, Comparative Law

So long as contracts are observed according to their terms there is little call for the law to intervene. Problems arise when a party fails to perform. This situation is known in both Scottish and ... More


11. Foundations of the Modern Law of Contract

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0012
Subject:
Law, Law of Obligations, Legal History

This chapter shows how the 17th and 18th centuries marked a period of consolidation of the law of contract, the fleshing out of the skeletal structure that had been locked in place at the end of the ... More


Remedies for Non-performance, Viewed against the Background of the Principles of European Contract Law

Reinhard Zimmermann

in The New German Law of Obligations: Historical and Comparative Perspectives

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199291373
eISBN:
9780191700613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291373.003.0003
Subject:
Law, Law of Obligations

Before the revision of Germany's law of obligations it had been, for a long time, a standard complaint that the rules concerning breach of contract were far too complex. Moreover, they were taken to ... More


Executory Contracts, Expectation Damages, and the Economic Analysis 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/9780198254447.003.0007
Subject:
Law, Law of Obligations

This chapter aims to discover whether the present law of contract strikes the right balance between formal and substantive reasons. It attempts to answer the question of whether, in a wholly ... More


The New German Law of Prescription and Chapter 14 of the Principles of European Contract Law

Reinhard Zimmermann

in The New German Law of Obligations: Historical and Comparative Perspectives

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199291373
eISBN:
9780191700613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291373.003.0005
Subject:
Law, Law of Obligations

The Principles of European Contract Law constitute the most advanced, and internationally most widely noted, project on the way towards a harmonisation of contract law in Europe. These Principles are ... More


The Law of Obligations

V.C. Govindaraj

in The Conflict of Laws in India: Inter-Territorial and Inter-Personal Conflict, Second Edition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780199495603
eISBN:
9780199097821
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199495603.003.0005
Subject:
Law, Private International Law

The law of obligations consists of the law of contracts and the law of torts. The law of obligations, whether it be contract or tort, is the outcome of the act of parties which gives rise to a legal ... More


The Law of Contract

Eva Steiner

in French Law: A Comparative Approach

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.003.0013
Subject:
Law, Comparative Law

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting ... More


The Intellectual Background in 1770–1

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0003
Subject:
Law, Law of Obligations

This chapter provides an intellectual background to the freedom of contract issue in England in 1770. It suggests that the modern law of contract and its underlying principles appear to have had no ... 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


Introduction: Scope of Discussion

SIR GUENTER TREITEL

in Some Landmarks of Twentieth Century Contract Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199255757
eISBN:
9780191719561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199255757.003.0001
Subject:
Law, Human Rights and Immigration, Legal History

This chapter discusses the difficulty of choosing developments in the law of contract in the 20th century which are important enough to rank as ‘Landmarks’. It explains that the scope of the ... More


Debt

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0008
Subject:
Law, Legal History

This chapter contains cases concerning the action of debt, with particular reference to the modes of proof and pleading. If there was no deed evidencing the debt, but some quid pro quo, the plaintiff ... More


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