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The Modern Law of Estoppel

Elizabeth Cooke

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.001.0001
Subject:
Law, Law of Obligations

The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. It might also be called the law of ... More


An Overview of Worlds A and B

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/9780691155333.003.0001
Subject:
Law, Company and Commercial Law

This book examines standardized form contracts, also known as boilerplate. In the past, “contract” was interpreted as a bargained-for exchange transaction between two parties who each consent to the ... More


Evaluating Current Judicial Oversight

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/9780691155333.003.0007
Subject:
Law, Company and Commercial Law

This chapter examines current judicial oversight of contract law, and more specifically the extent to which boilerplate is regulated as contract. It first considers the three categories of the ... More


Exceptions to Libertarian Natural Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0002
Subject:
Philosophy, Political Philosophy

This chapter shows how libertarianism can be seen to be a moral theory that explains exceptions to earlier moral norms and principles and the chapter shows how various exceptions to libertarian ... More


What Is Well-Being? What Is Equity?

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0004
Subject:
Philosophy, Political Philosophy

This chapter replies to some standard objections to consequentialist moral principle, including the problem of expensive tastes, and R. Dworkin’s circularity objection. The chapter compares the main ... More


Unconscionable Enrichment?

Prince Saprai

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0015
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter claims that unconscionability and its cognate exploitation offer a plausible account of the duty to make restitution particularly in the context of undue influence and unconscionable ... 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


Restitution for Equitable Wrongdoing

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0018
Subject:
Law, Law of Obligations

Where the defendant has breached an equitable duty which he or she owed to the claimant, a restitutionary relief is available. The defendant can be deterred from exploiting the relationship by ... More


Would It Be Unconscionable …?

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0006
Subject:
Law, Law of Obligations

In deciding whether or not it is wrong, or unconscionable, for the maker of a representation to go back on it, the courts consider a number of factors. One must look at the conditions for estoppel ... More


Contract Performance Doctrine

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.003.0005
Subject:
Law, Company and Commercial Law

This chapter focuses on the canonical cases that have contributed to the portion of contract that may be included under the heading of “performance.” This is a broad category and includes limits on ... More


Theory of Contract Performance

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

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


An English Lawyer Looks at American Contract Law

Michael Bridge

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0014
Subject:
Political Science, American Politics

This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with ... More


Contract as Promise: A Theory of Contractual Obligation

Charles Fried

Published in print:
2015
Published Online:
May 2015
ISBN:
9780190240158
eISBN:
9780190240196
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190240158.001.0001
Subject:
Law, Company and Commercial Law

This book is a study of the foundations and structure of contract law. It has both a theoretical purpose and a pedagogic purpose. It moves from trust to promise to the nuts and bolts of contract law. ... More


Excuses for Non-performance: Duress, Unconscionability, Mistake, Misrepresentation, Frustration, and Discharge for Breach

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/9780198765615.003.0009
Subject:
Law, Law of Obligations

This chapter examines ‘excuses for non-performance’ recognized in the common law of contract. It discusses the doctrines of duress, unconscionability, mistake, frustration, and discharge for breach. ... More


Reconstructing Contracts

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discerns the form of dialogic community in the formalist and equity paradigms of contract law. It describes dialogic community as a mutual recognition between independent agencies. It ... More


Reshaping Wrap Contract Doctrine

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0011
Subject:
Law, Company and Commercial Law

This chapter proposes a number of doctrinal adjustments to existing contract law that recognize the difference contractual form makes. These adjustments are as follows: recognizing a duty to draft ... More


Problems of Substance

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0007
Subject:
Law, Company and Commercial Law

This chapter explains how companies strategically use wrap contracts to acquire rights without bargaining and to establish and embed by stealth practices before users and regulators realize what has ... More


Pernicious Markets and the Limits of Contract Law

Nathan B. Oman

in The Dignity of Commerce: Markets and the Moral Foundations of Contract Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226415529
eISBN:
9780226415666
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226415666.003.0008
Subject:
Law, Philosophy of Law

This book takes a largely celebratory stance towards commerce and markets. However, markets can also be pernicious. The greatest historical example of a commercial evil is the Atlantic slave trade, ... More


Reaffirming the Consumer Cases

Thomas E. Carbonneau

in Toward a New Federal Law on Arbitration

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199965519
eISBN:
9780199366927
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965519.003.0006
Subject:
Law, Public International Law

The Court's recent rulings indicate that its support for arbitration remains unfailing. These cases address adhesive arbitration, perhaps the most controversial part of the judicial doctrine on ... More


An Analytical Framework for Legal Evaluation of Boilerplate

Margaret Jane Radin

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0012
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter develops an analytical framework that could help legal analysts make better decisions about boilerplate in the context of rights deletions deployed by firms against consumers. A great ... More


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