Marc L Busch and Eric Reinhardt
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195383614
- eISBN:
- 9780199855445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383614.003.0010
- Subject:
- Law, Public International Law
This chapter explains why and discusses what might be done to minimize the negative impact of third parties on effective use of dispute settlement by developing countries. The chapter proceeds as ...
More
This chapter explains why and discusses what might be done to minimize the negative impact of third parties on effective use of dispute settlement by developing countries. The chapter proceeds as follows. First, it discusses what the DSU (Understanding on Rules and Procedures Governing the Settlement of Disputes) allows by way of third-party participation. Second, it elaborates a hypothesis on how third parties shape rulings, conditional on the fact that they first undermine early settlement, and then turn to our findings. Third, it looks at the evidence concerning third-party participation in cases filed by poor complainants. The chapter concludes by examining the various proposals for reforming third-party rights under the DSU and how these might bear on developing countries, in particular.Less
This chapter explains why and discusses what might be done to minimize the negative impact of third parties on effective use of dispute settlement by developing countries. The chapter proceeds as follows. First, it discusses what the DSU (Understanding on Rules and Procedures Governing the Settlement of Disputes) allows by way of third-party participation. Second, it elaborates a hypothesis on how third parties shape rulings, conditional on the fact that they first undermine early settlement, and then turn to our findings. Third, it looks at the evidence concerning third-party participation in cases filed by poor complainants. The chapter concludes by examining the various proposals for reforming third-party rights under the DSU and how these might bear on developing countries, in particular.
Chad P Bown
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195383614
- eISBN:
- 9780199855445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383614.003.0011
- Subject:
- Law, Public International Law
This chapter focuses on the indirect or “third-party” interest of developing countries in WTO trade disputes over market access. It then documents the various economic reasons why a country may have ...
More
This chapter focuses on the indirect or “third-party” interest of developing countries in WTO trade disputes over market access. It then documents the various economic reasons why a country may have an economic third-party interest in a formal GATT/WTO dispute. The chapter takes a sample of data of disputes involving allegations of excessive import protection, and provides an economic assessment of the developing, third-country liberalization gains associated with bilateral, complainant liberalization gains from the respondent. Finally the chapter concludes.Less
This chapter focuses on the indirect or “third-party” interest of developing countries in WTO trade disputes over market access. It then documents the various economic reasons why a country may have an economic third-party interest in a formal GATT/WTO dispute. The chapter takes a sample of data of disputes involving allegations of excessive import protection, and provides an economic assessment of the developing, third-country liberalization gains associated with bilateral, complainant liberalization gains from the respondent. Finally the chapter concludes.
Philip Sutherland
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780748624256
- eISBN:
- 9780748651429
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748624256.003.0008
- Subject:
- Law, Company and Commercial Law
This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party ...
More
This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party should acquire right or benefit from contract between others. The findings reveal that the South African stipulatio alteri is not a third-party contract at all and that while Scots law has a true third-party contract, it has been plagued by the delivery requirement. This chapter argues that both mixed legal systems require legislative reform in the English style but without some of the odd rules that are the legacy of the English doctrine of privity of contract.Less
This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party should acquire right or benefit from contract between others. The findings reveal that the South African stipulatio alteri is not a third-party contract at all and that while Scots law has a true third-party contract, it has been plagued by the delivery requirement. This chapter argues that both mixed legal systems require legislative reform in the English style but without some of the odd rules that are the legacy of the English doctrine of privity of contract.
Marcia C. Inhorn
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691148885
- eISBN:
- 9781400842629
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691148885.003.0007
- Subject:
- Anthropology, Social and Cultural Anthropology
This chapter demonstrates how major divergences have occurred in the fatwas being issued by Sunni and Shia religious authorities regarding the permissibility of third-party reproductive assistance. ...
More
This chapter demonstrates how major divergences have occurred in the fatwas being issued by Sunni and Shia religious authorities regarding the permissibility of third-party reproductive assistance. In recent years, new fatwas emerging from the Shia world have condoned third-party gamete donation, whereas gamete donation continues to be banned across the Sunni Muslim countries. These divergent Sunni and Shia Islamic approaches toward gamete donation have affected the moral decision making of infertile Muslim couples in ways that are only beginning to be realized. The degree of consensus across the Sunni Muslim countries is quite striking, as are the ways in which these fatwas have guided the clinical practices of the Middle Eastern IVF community.Less
This chapter demonstrates how major divergences have occurred in the fatwas being issued by Sunni and Shia religious authorities regarding the permissibility of third-party reproductive assistance. In recent years, new fatwas emerging from the Shia world have condoned third-party gamete donation, whereas gamete donation continues to be banned across the Sunni Muslim countries. These divergent Sunni and Shia Islamic approaches toward gamete donation have affected the moral decision making of infertile Muslim couples in ways that are only beginning to be realized. The degree of consensus across the Sunni Muslim countries is quite striking, as are the ways in which these fatwas have guided the clinical practices of the Middle Eastern IVF community.
Christine Bell
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199226832
- eISBN:
- 9780191710261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226832.003.0010
- Subject:
- Law, Public International Law
Delegation of powers of interpretation and enforcement to third parties constitutes the third dimension of legalisation of agreements. The argument is that the more third parties are given powers to ...
More
Delegation of powers of interpretation and enforcement to third parties constitutes the third dimension of legalisation of agreements. The argument is that the more third parties are given powers to interpret and ‘enforce’ agreements, the more these agreements are legalised. Independent third parties with clear decision-making authority and enforcement powers (such as courts) are understood to promote compliance. This chapter argues that while peace agreements use of third parties in the same ways as other agreements, they cannot be fully understood in terms of conventional assumptions about when and how third party enforcement operates most effectively. Rather, peace agreements use ‘hybrid legal pluralism’ — that is multiple institutions which straddle the law/politics divide and contain both international and domestic actors — to enable a broad range of diverse international participation in peace agreements. Thus, they acknowledge the ‘third party’ as simultaneously guarantor, mediator, administrator, ‘actual’ party, and norm promoter, and enable third party actors to shift the emphasis between these different functions as circumstances and legitimacy require.Less
Delegation of powers of interpretation and enforcement to third parties constitutes the third dimension of legalisation of agreements. The argument is that the more third parties are given powers to interpret and ‘enforce’ agreements, the more these agreements are legalised. Independent third parties with clear decision-making authority and enforcement powers (such as courts) are understood to promote compliance. This chapter argues that while peace agreements use of third parties in the same ways as other agreements, they cannot be fully understood in terms of conventional assumptions about when and how third party enforcement operates most effectively. Rather, peace agreements use ‘hybrid legal pluralism’ — that is multiple institutions which straddle the law/politics divide and contain both international and domestic actors — to enable a broad range of diverse international participation in peace agreements. Thus, they acknowledge the ‘third party’ as simultaneously guarantor, mediator, administrator, ‘actual’ party, and norm promoter, and enable third party actors to shift the emphasis between these different functions as circumstances and legitimacy require.
Christine Bell
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199226832
- eISBN:
- 9780191710261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226832.003.0014
- Subject:
- Law, Public International Law
The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different ...
More
The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different functions: enforcing the deal, mediating its development, and administering the transitional regime. This chapter argues that third party peace agreement implementation faces a lack of fit with traditional notions of when and how international law authorises third party involvement in intrastate conflict, and when and how it provides for third party accountability vis-à-vis local populations. As with previous chapters and the other branches of the ‘new law’, this lack of fit has driven innovation that is reshaping the governing international law. This is a story of norm-production as lack fit forces a renarration of how the law must be reinterpreted so as to apply post agreement.Less
The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different functions: enforcing the deal, mediating its development, and administering the transitional regime. This chapter argues that third party peace agreement implementation faces a lack of fit with traditional notions of when and how international law authorises third party involvement in intrastate conflict, and when and how it provides for third party accountability vis-à-vis local populations. As with previous chapters and the other branches of the ‘new law’, this lack of fit has driven innovation that is reshaping the governing international law. This is a story of norm-production as lack fit forces a renarration of how the law must be reinterpreted so as to apply post agreement.
REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199271009
- eISBN:
- 9780191699481
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271009.003.0008
- Subject:
- Law, Comparative Law
One of the distinctive features of the Scots law of contract is that a third party may have the right to sue on a contract. The same is possible in the law of South Africa but not in Roman law; nor ...
More
One of the distinctive features of the Scots law of contract is that a third party may have the right to sue on a contract. The same is possible in the law of South Africa but not in Roman law; nor until recently in English law. In South Africa the contract in favour of a third party or stipulatio alteri is widely used in practice. The same cannot be said about the Scottish equivalent, ius quaesitum tertio. But the theoretical significance of the legal principles that apply to these contracts far exceeds their practical importance. Third-party contractual rights have been a battleground for ideological disputes in both Scotland and South Africa, and both countries have a burgeoning literature on the subject. As a result it is difficult to contribute anything new to the learning in this field. There has, however, been no detailed or systematic comparison of contracts in favour of third parties in the two systems. This chapter attempts a thorough comparison.Less
One of the distinctive features of the Scots law of contract is that a third party may have the right to sue on a contract. The same is possible in the law of South Africa but not in Roman law; nor until recently in English law. In South Africa the contract in favour of a third party or stipulatio alteri is widely used in practice. The same cannot be said about the Scottish equivalent, ius quaesitum tertio. But the theoretical significance of the legal principles that apply to these contracts far exceeds their practical importance. Third-party contractual rights have been a battleground for ideological disputes in both Scotland and South Africa, and both countries have a burgeoning literature on the subject. As a result it is difficult to contribute anything new to the learning in this field. There has, however, been no detailed or systematic comparison of contracts in favour of third parties in the two systems. This chapter attempts a thorough comparison.
Rabinder Singh
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0008
- Subject:
- Law, Human Rights and Immigration
This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not ...
More
This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.Less
This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.
Catherine M Donnelly
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199298242
- eISBN:
- 9780191711626
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298242.003.0008
- Subject:
- Law, Constitutional and Administrative Law
Human rights obligations and administrative law obligations are, in practice, rarely extended to private delegates. This chapter assesses the extent to which private law can provide an appropriate ...
More
Human rights obligations and administrative law obligations are, in practice, rarely extended to private delegates. This chapter assesses the extent to which private law can provide an appropriate substitute for these obligations, focusing on contract and tort. Given that contract is one of the primary mechanisms through which private delegation is achieved, commentators, and particularly those writing from an economic perspective, have often embraced contract law as ‘a critical source of accountability’, while tort law requires consideration as it is an area of private law that is frequently modified to accommodate governmental concerns. It is argued here, however, that tort law and contract law do not provide sufficiently extensive mechanisms of holding private delegates accountable, particularly, for example, given the difficulties of recognising third party beneficiaries to contracts. Proposals for improving the drafting of government contracts are presented.Less
Human rights obligations and administrative law obligations are, in practice, rarely extended to private delegates. This chapter assesses the extent to which private law can provide an appropriate substitute for these obligations, focusing on contract and tort. Given that contract is one of the primary mechanisms through which private delegation is achieved, commentators, and particularly those writing from an economic perspective, have often embraced contract law as ‘a critical source of accountability’, while tort law requires consideration as it is an area of private law that is frequently modified to accommodate governmental concerns. It is argued here, however, that tort law and contract law do not provide sufficiently extensive mechanisms of holding private delegates accountable, particularly, for example, given the difficulties of recognising third party beneficiaries to contracts. Proposals for improving the drafting of government contracts are presented.
Andrew L. Slap
- Published in print:
- 2007
- Published Online:
- March 2011
- ISBN:
- 9780823227099
- eISBN:
- 9780823234998
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fso/9780823227099.003.0008
- Subject:
- History, Political History
This chapter examines the defeat of the Liberal Republicans in 1872, looking at opportunities and difficulties of third parties. The disadvantages of a third party took their ...
More
This chapter examines the defeat of the Liberal Republicans in 1872, looking at opportunities and difficulties of third parties. The disadvantages of a third party took their toll on the Liberal Republicans, eventually leading to their defeat in November 1872. Internal divisions distracted them for the first crucial months of the campaign, when they had the initiative, and eventually robbed them of many of their original leaders. The Republicans learned how to enjoy the benefits of being an established, entrenched party by appropriating the Liberal Republicans' issues and bludgeoning them with money, power, and patronage. Despite orders and pleas from their national leaders, Democratic voters refused to support a long-time political enemy. As the November results came in, Greeley lamented to a friend that he was the worst beaten man that ever ran for high office.Less
This chapter examines the defeat of the Liberal Republicans in 1872, looking at opportunities and difficulties of third parties. The disadvantages of a third party took their toll on the Liberal Republicans, eventually leading to their defeat in November 1872. Internal divisions distracted them for the first crucial months of the campaign, when they had the initiative, and eventually robbed them of many of their original leaders. The Republicans learned how to enjoy the benefits of being an established, entrenched party by appropriating the Liberal Republicans' issues and bludgeoning them with money, power, and patronage. Despite orders and pleas from their national leaders, Democratic voters refused to support a long-time political enemy. As the November results came in, Greeley lamented to a friend that he was the worst beaten man that ever ran for high office.
Solène Rowan
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199606603
- eISBN:
- 9780191738722
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606603.003.0004
- Subject:
- Law, Company and Commercial Law
The focus of this chapter is on the exploration of some central aspects of the law of damages which shed light on the degree to which the performance interest is protected in English law. The ...
More
The focus of this chapter is on the exploration of some central aspects of the law of damages which shed light on the degree to which the performance interest is protected in English law. The protection afforded to the performance interest by damages in English law is contrasted with the way in which the remedy operates in France. The first three sections of this chapter discuss how damages awards are measured, damages for non-pecuniary loss and damages for loss suffered by third parties respectively. In the fourth section, consideration is given to a common law limit on the right to recover compensatory damages which is often regarded as being incongruous with the protection of the performance interest, namely loss mitigation. The final section departs from the compensatory theme of the chapter by considering gain-based monetary awards. The chapter shows that whilst the protection of the performance interest through damages is stronger in France than in England, courts in the latter jurisdiction have recently exhibited greater willingness to adopt more protective and flexible solutions for contractual default.Less
The focus of this chapter is on the exploration of some central aspects of the law of damages which shed light on the degree to which the performance interest is protected in English law. The protection afforded to the performance interest by damages in English law is contrasted with the way in which the remedy operates in France. The first three sections of this chapter discuss how damages awards are measured, damages for non-pecuniary loss and damages for loss suffered by third parties respectively. In the fourth section, consideration is given to a common law limit on the right to recover compensatory damages which is often regarded as being incongruous with the protection of the performance interest, namely loss mitigation. The final section departs from the compensatory theme of the chapter by considering gain-based monetary awards. The chapter shows that whilst the protection of the performance interest through damages is stronger in France than in England, courts in the latter jurisdiction have recently exhibited greater willingness to adopt more protective and flexible solutions for contractual default.
Mikulas Fabry
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199564446
- eISBN:
- 9780191722325
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564446.003.0008
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
The book concludes that if post‐colonial international society is to remain a community of sovereign states properly so‐called, then it is doubtful that there is any sustainable basis for recognizing ...
More
The book concludes that if post‐colonial international society is to remain a community of sovereign states properly so‐called, then it is doubtful that there is any sustainable basis for recognizing states other than the one suggested by the nineteenth‐century Anglo‐American doctrine, namely de facto statehood. The most basic reason for this argument is the persistent lack of agreement among parties affected by bids for independence as to who may become independent, and by what self‐determination procedure. While not without its own limitations and problems, the practice of recognizing de facto statehood does have the decisive advantage resting on a workable formula that seeks equilibrium between rights and interests of all parties concerned, namely claimants of statehood, existing states against which such claims are made, and third parties in international society.Less
The book concludes that if post‐colonial international society is to remain a community of sovereign states properly so‐called, then it is doubtful that there is any sustainable basis for recognizing states other than the one suggested by the nineteenth‐century Anglo‐American doctrine, namely de facto statehood. The most basic reason for this argument is the persistent lack of agreement among parties affected by bids for independence as to who may become independent, and by what self‐determination procedure. While not without its own limitations and problems, the practice of recognizing de facto statehood does have the decisive advantage resting on a workable formula that seeks equilibrium between rights and interests of all parties concerned, namely claimants of statehood, existing states against which such claims are made, and third parties in international society.
Alec Stone Sweet and Thomas Brunell
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199256488
- eISBN:
- 9780191600234
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256489.003.0008
- Subject:
- Political Science, Comparative Politics
To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ...
More
To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers within it, discuss and use three strategies for building theory through testing and comparing. This second paper, which was originally published in the American Political Science Review in 1998, employs econometric and other modes of statistical analysis as well as qualitative ‘process tracing’ to evaluate specific causal propositions about how European Community (EC) integration and the construction of the European legal system (as enforced by the European Court of Justice) have proceeded. The research design constitutes a mixed means of testing: (1) deductive derivation of hypotheses from materials developed in prior comparative research, (2) collection of data to operationalize the theorized variables, (3) testing of the hypotheses through quantitative data analysis, and (4) cross-checking of these results and exploration of other theorized relationships or dynamics (qualitatively). The research leads Stone Sweet and Brunell to propose a theory of European legal integration (i.e. the process by which Europe has constructed a transnational rule-of-law polity), which integrates three interdependent causal factors: contracting among individuals, third-party dispute resolution, and the production of legal norms. The theory is tested, with reference to the EC, in two stages: first, the construction of the legal system is explained and the relationships between the three key variables are analysed over the life of the EC; second, the impact of the operation of the legal system is examined on governance (i.e. on policy processes and outcomes) at both the national and the supranational levels.Less
To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers within it, discuss and use three strategies for building theory through testing and comparing. This second paper, which was originally published in the American Political Science Review in 1998, employs econometric and other modes of statistical analysis as well as qualitative ‘process tracing’ to evaluate specific causal propositions about how European Community (EC) integration and the construction of the European legal system (as enforced by the European Court of Justice) have proceeded. The research design constitutes a mixed means of testing: (1) deductive derivation of hypotheses from materials developed in prior comparative research, (2) collection of data to operationalize the theorized variables, (3) testing of the hypotheses through quantitative data analysis, and (4) cross-checking of these results and exploration of other theorized relationships or dynamics (qualitatively). The research leads Stone Sweet and Brunell to propose a theory of European legal integration (i.e. the process by which Europe has constructed a transnational rule-of-law polity), which integrates three interdependent causal factors: contracting among individuals, third-party dispute resolution, and the production of legal norms. The theory is tested, with reference to the EC, in two stages: first, the construction of the legal system is explained and the relationships between the three key variables are analysed over the life of the EC; second, the impact of the operation of the legal system is examined on governance (i.e. on policy processes and outcomes) at both the national and the supranational levels.
Kent Greenawalt
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199756131
- eISBN:
- 9780199855292
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756131.003.0007
- Subject:
- Law, Philosophy of Law
This chapter examines the law of agency. The law of agency deals with circumstances of the sort explored with respect to informal instructions. Although the law's practical relevance mainly concerns ...
More
This chapter examines the law of agency. The law of agency deals with circumstances of the sort explored with respect to informal instructions. Although the law's practical relevance mainly concerns when principals are liable to third parties with whom agents have interacted, it does set standards for how agents should understand instructions in light of the interests of principals. Agents must interpret instructions in light of what they convey about the principals' wishes; and agents may disregard the import of specific instructions if they are confident the principals would wish them to do so. The law of agency also establishes the relevance of reasonable but mistaken understandings on the part of agents and third parties.Less
This chapter examines the law of agency. The law of agency deals with circumstances of the sort explored with respect to informal instructions. Although the law's practical relevance mainly concerns when principals are liable to third parties with whom agents have interacted, it does set standards for how agents should understand instructions in light of the interests of principals. Agents must interpret instructions in light of what they convey about the principals' wishes; and agents may disregard the import of specific instructions if they are confident the principals would wish them to do so. The law of agency also establishes the relevance of reasonable but mistaken understandings on the part of agents and third parties.
Roger Brownsword
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199276806
- eISBN:
- 9780191707605
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199276806.003.0003
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter begins by sketching how consent is viewed from a utilitarian, a human rights, and a dignitarian ethical perspective. Consent is then placed squarely within the rights perspective, and ...
More
This chapter begins by sketching how consent is viewed from a utilitarian, a human rights, and a dignitarian ethical perspective. Consent is then placed squarely within the rights perspective, and some of its more problematic aspects as they would be debated within a community of rights are considered. The justificatory force of consent and the issue of third-party authorization are reviewed. The relationship between inducements and consent, and the vexed question of ensuring that consent is properly informed are examined.Less
This chapter begins by sketching how consent is viewed from a utilitarian, a human rights, and a dignitarian ethical perspective. Consent is then placed squarely within the rights perspective, and some of its more problematic aspects as they would be debated within a community of rights are considered. The justificatory force of consent and the issue of third-party authorization are reviewed. The relationship between inducements and consent, and the vexed question of ensuring that consent is properly informed are examined.
Peter A. Alces
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195371604
- eISBN:
- 9780199893447
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195371604.003.0006
- Subject:
- Law, Company and Commercial Law
The nature of contract is most accurately revealed when under stress. This chapter will pursue the theoretical question in five particularly stress inducing categories: unconscionability, excuse, ...
More
The nature of contract is most accurately revealed when under stress. This chapter will pursue the theoretical question in five particularly stress inducing categories: unconscionability, excuse, modification, and the parol evidence rule. The first part of the chapter focuses on unconscionability as the primary deal-policing mechanism. The second part examines impossibility, impracticability, and frustration together as excuses from performance. (Mutual mistake, a related doctrine, is discussed in Chapters Three and Four.) The third part focuses on modification, the parties’ efforts to adjust the terms of their contract. The fourth part considers the third-party beneficiary law, which also concerns the scope of the contractual undertaking. The fifth part presents a brief consideration of the fit between extrinsic evidence doctrine and contract theory.Less
The nature of contract is most accurately revealed when under stress. This chapter will pursue the theoretical question in five particularly stress inducing categories: unconscionability, excuse, modification, and the parol evidence rule. The first part of the chapter focuses on unconscionability as the primary deal-policing mechanism. The second part examines impossibility, impracticability, and frustration together as excuses from performance. (Mutual mistake, a related doctrine, is discussed in Chapters Three and Four.) The third part focuses on modification, the parties’ efforts to adjust the terms of their contract. The fourth part considers the third-party beneficiary law, which also concerns the scope of the contractual undertaking. The fifth part presents a brief consideration of the fit between extrinsic evidence doctrine and contract theory.
HECTOR L. MACQUEEN
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198299288
- eISBN:
- 9780191685651
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299288.003.0009
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This chapter outlines the history of the jus quaesitum tertio of Scots law by examining cases and historical accounts that reveal the introduction and existence of the third party rights in contracts ...
More
This chapter outlines the history of the jus quaesitum tertio of Scots law by examining cases and historical accounts that reveal the introduction and existence of the third party rights in contracts in the law of Scotland. In the early stages of Roman law, the law did not recognize the existence of third party rights arising directly from contracts. It was the medieval canon lawyers who first challenged the prevailing view of the Roman law on third party contracts and it was the Spanish scholastics of the 16th century who argued for the enforceability of third part contractual rights. This chapter discusses third party rights in contracts. It assesses the doctrine of consideration and the doctrine of ‘privity of contract’.Less
This chapter outlines the history of the jus quaesitum tertio of Scots law by examining cases and historical accounts that reveal the introduction and existence of the third party rights in contracts in the law of Scotland. In the early stages of Roman law, the law did not recognize the existence of third party rights arising directly from contracts. It was the medieval canon lawyers who first challenged the prevailing view of the Roman law on third party contracts and it was the Spanish scholastics of the 16th century who argued for the enforceability of third part contractual rights. This chapter discusses third party rights in contracts. It assesses the doctrine of consideration and the doctrine of ‘privity of contract’.
Mikulas Fabry
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199564446
- eISBN:
- 9780191722325
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564446.003.0004
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
Chapter 3 traces the gradual adoption of the de facto standard in nineteenth‐century Europe. It was the defining consideration not only in response to unilateral secessions, but also to other types ...
More
Chapter 3 traces the gradual adoption of the de facto standard in nineteenth‐century Europe. It was the defining consideration not only in response to unilateral secessions, but also to other types of internally generated changes to existing statehood, such as the merger of several states into a Kingdom of Italy in the 1860s. Moreover, it proved to be workable in a wide range of contexts, including those where an intervention took place to defend the rights of third parties, as in Belgium or Greece.Less
Chapter 3 traces the gradual adoption of the de facto standard in nineteenth‐century Europe. It was the defining consideration not only in response to unilateral secessions, but also to other types of internally generated changes to existing statehood, such as the merger of several states into a Kingdom of Italy in the 1860s. Moreover, it proved to be workable in a wide range of contexts, including those where an intervention took place to defend the rights of third parties, as in Belgium or Greece.
Daniel DiSalvo
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199891702
- eISBN:
- 9780199949410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199891702.003.0005
- Subject:
- Political Science, American Politics
Creating a splinter party for an election cycle or two is a risky move factions occasionally make in hopes of changing their party’s preferences and shifting its reputation to the left or the right. ...
More
Creating a splinter party for an election cycle or two is a risky move factions occasionally make in hopes of changing their party’s preferences and shifting its reputation to the left or the right. This chapter discusses factions that believed that by creating their own party they could re-fight the battle they lost at the nomination stage. It threats the Liberal Republican Party of 1872, the Progressive Party of 1912, the Dixiecrat Party of 1948, and the Independence Party of 1968. Looking at the cases treated here, splinter parties are rarely able to affect the left-right shift of their party of origin that they seek.Less
Creating a splinter party for an election cycle or two is a risky move factions occasionally make in hopes of changing their party’s preferences and shifting its reputation to the left or the right. This chapter discusses factions that believed that by creating their own party they could re-fight the battle they lost at the nomination stage. It threats the Liberal Republican Party of 1872, the Progressive Party of 1912, the Dixiecrat Party of 1948, and the Independence Party of 1968. Looking at the cases treated here, splinter parties are rarely able to affect the left-right shift of their party of origin that they seek.
Ewan McKendrick
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199661770
- eISBN:
- 9780191778612
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199661770.003.0008
- Subject:
- Law, Law of Obligations, Company and Commercial Law
A contract is an agreement which is either enforced by law or recognized by law as affecting the rights and duties of the parties. This chapter on the law of contract discusses the following: ...
More
A contract is an agreement which is either enforced by law or recognized by law as affecting the rights and duties of the parties. This chapter on the law of contract discusses the following: constituent elements, contents, standard terms, mistake, misrepresentation, improper pressure, illegality, lack of capacity, plurality of parties, third parties, transfer of contractual rights, performance, breach, and frustration.Less
A contract is an agreement which is either enforced by law or recognized by law as affecting the rights and duties of the parties. This chapter on the law of contract discusses the following: constituent elements, contents, standard terms, mistake, misrepresentation, improper pressure, illegality, lack of capacity, plurality of parties, third parties, transfer of contractual rights, performance, breach, and frustration.
