The Choice Theory Of Contracts

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Size: 80.64 MB
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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Research Handbook On Eu Consumer And Contract Law

Author: Christian Twigg-Flesner
Publisher: Edward Elgar Publishing
ISBN: 1782547371
Size: 25.75 MB
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The best-known application of utilitarian principles to contract law are the
theories of 'normative law and economics law' that regard the maximisation of
overall welfare in society, usually defined as the efficient allocation of scarce
resources, as the ... 12 For two different instances of Razian contract theories,
see D Kimel, From Promise to Contract: Towards a Liberal Theory of Contract (
Hart Publishing, 2005), and H Dagan, 'Autonomy, pluralism, and contract law
theory' (2013) 76 Law ...

General Principles Of Law

Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing
ISBN: 1509910700
Size: 51.26 MB
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in LA DiMatteo, Q Zhou, S Saintier and K Rowley (eds), Commercial Contract
Law: Transatlantic Perspectives (Cambridge, Cambridge University Press, 2013);
B Bix, 'Theories of Contract Law and Enforcing Promissory Morality: Comments
on Charles Fried' (2012) 45 Suffolk LR 719; R Kreitner, 'On the New Pluralism in
Contract Theory' (2012) 45 Suffolk LR 915; H Dagan, 'Autonomy, Pluralism, and
Contract Law Theory' (2013) 76 Law and Contemporary Problems 19. 39 D
Ibbetson ...

Minimum Contract Justice

Author: Lyn K L Tjon Soei Len
Publisher: Bloomsbury Publishing
ISBN: 178225711X
Size: 76.38 MB
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Another contract theory that seems favourable, is the contract theory advanced by
Dagan. In Dagan's theory of contract law, contract serves the Razian ideal of '
autonomy as self-authorship'. A society that aims to be just, pursues an ideal of
human flourishing, in which legal institutions, such as contract law, enhance and
empower individuals to be the authors of their own lives. This contract theory
envisages a pluralist contract law that embraces various contract institutions '
insofar as ...

The Future Of Contract Law In Latin America

Author: Rodrigo Momberg
Publisher: Bloomsbury Publishing
ISBN: 1509914269
Size: 79.33 MB
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17 It would appear to need to be very strong in the sense that it is the will or the
agreement of the parties that would explain and justify the contract; as noted by H
Dagan, 'Autonomy, Pluralism and Contract Law Theory' (2013) 76 Law and
Contemporary Problems 19–38: 'The proposition that the commitment to
individual autonomy is one of the most important foundations of contract is a
truism, almost a cliché. Contract, in this common account, is the legal cousin of
the social practice of ...

Allocating Authority

Author: Joana Mendes
Publisher: Bloomsbury Publishing
ISBN: 150991191X
Size: 56.36 MB
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Constitutional theory has sought to make sense of the interaction among legal
institutions in Europe by exploring the monistic and pluralistic features of the EU's
multi-level legal order. ... which value or principle and which institution should
decide a specific case.9 Private law theory is exploring similar themes, especially
in light of the principle of freedom of contract that underlies national and
supranational rules of contract law.10 This investigation relates to the
constitutional debate, ...

English And European Perspectives On Contract And Commercial Law

Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1782255192
Size: 63.14 MB
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43 Similarly, James Gordley, Foundations of Private Law: Property, Tort, Contract,
and Unjust Enrichment (Oxford University Press, 2006) ch 17; Eisenberg,
Foundational Principles of Contract Law, n 42 above; Brigitta Lurger,
Grundfragen der Vereinheitlichung des Vertragsrechts in der Europäischen
Union (Vienna and New York, Springer, 2002) 294; Florian Rödl, 'Contractual
Freedom, Contractual Justice and Contract Law (Theory)' (2013) 76 Law and
Contemporary Problems 57.

Private Law In The 21st Century

Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509908595
Size: 70.96 MB
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comparative advantages, in terms of both competence and accountability, of
courts, legislatures, and other potential legal actors for each of the tasks at hand.
Cf H Dagan, 'Judges and Property' in S Balganesh (ed), Intellectual Property and
the Common Law (New York, Cambridge University Press, 2013) 17. 31 See H
Dagan, 'Autonomy, Pluralism, and Contract Law Theory' (2013) 76 Law and
Contemporary Problems 19. 32 See R Gilson, C Sabel and R Scott, 'Contract and