Contract Law

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Contract Law ◽  
Reference Points ◽  
Behavioral Theory ◽  
Behavioral Analysis ◽  
Breach Of Contract ◽  
Contract Formation ◽  
Form Contract ◽  
Default Rules ◽  
Promise Keeping

This chapter presents an overview of the behavioral analysis of contract law. It first presents a behavioral theory of contracts that highlights the role of values such as promise-keeping and trust, and examines how the role played by those values depends on whether the contract is a product of negotiation or not (i.e., a standard-form contract). The chapter then discusses specific issues in contract law from a behavioral viewpoint—including pre-contractual negotiations (with special emphasis on the role of default rules and other reference points), contract formation, contract interpretation and supplementation, performance, and remedies for breach of contract, including agreed-upon remedies.

Contract Law Concentrate

2017 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Contract Law ◽  
Third Party ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Essential Information ◽  
Common Mistake ◽  
Default Rules

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement such as whether the terms are sufficiently certain and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.

4 The Application of New York Law to Contracts

2016 ◽  
Author(s):  
Rivkin David W ◽  
Friedman Mark W ◽  
Taft William H
Keyword(s):  
New York ◽  
Common Law ◽  
Contract Law ◽  
Breach Of Contract ◽  
Basic Principles ◽  
Choice Of Law ◽  
Contract Formation

This chapter provides a brief overview of some basic principles of New York law that are relevant to the interpretation and enforcement of contracts. New York contract law is derived from common law, statutes, and administrative sources. The chapter first addresses New York choice-of-law rules. Next, it turns to the elements of a contract and New York laws and presumptions regarding contract formation. It then examines the elements and consequences of a breach of contract, before turning to a number of claims ancillary to a contractual breach. Finally, the chapter concludes with some special issues that may arise under New York contract law.

Contract Law Concentrate

2019 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Contract Law ◽  
Third Party ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Essential Information ◽  
Common Mistake ◽  
Default Rules

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.

The Role of Fault in Contract Law

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
Building Block ◽  
Strict Liability ◽  
Contract Law ◽  
Moral Values ◽  
Human Condition ◽  
Breach Of Contract ◽  
Contract Liability ◽  
The Human Condition

Chapter 12 considers the role of fault in contract law. Restatement Second of Contracts provides that “Contract liability is strict liability. It is an accepted maxim that pacta sunt servanda, contracts are to be kept. The obligor is therefore liable in damages for breach of contract even if he is without fault . . . .” Similarly, the Farnsworth’s treatise states that “contract law is, in its essential design, a law of strict liability, and the accompanying system of remedies operates without regard to fault.” These statements, and many others like them, are incorrect. As a normative matter fault should be a building block of contract law. One part of the human condition is that we hold many moral values concerning right and wrong, and therefore fault. Contract law cannot escape this condition.

Contract Law Concentrate

2021 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Third Party ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Essential Information ◽  
Common Mistake ◽  
The Common ◽  
Default Rules

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the common law doctrine of duress and the equitable doctrine of undue influence.

scholarly journals ¿Qué Influencia Tiene el Derecho del Consumidor sobre la Reforma del Derecho Contractual en el Código Civil Francés?

2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Gilles Paisant
Keyword(s):  
Civil Law ◽  
Rio Grande ◽  
Contract Law ◽  
Civil Code ◽  
Rio Grande Do Sul ◽  
Porto Alegre ◽  
Consumer Law ◽  
Contract Formation

¿QUÉ INFLUENCIA TIENE EL DERECHO DEL CONSUMIDOR SOBRE LA REFORMA DEL DERECHO CONTRACTUAL EN EL CÓDIGO CIVIL FRANCÉS?*   QUAL A INFLUÊNCIA DO DIREITO DO CONSUMIDOR NA REFORMA DO DIREITO CONTRATUAL DO CÓDIGO CIVIL FRANCÊS?    WHAT INFLUENCE DOES CONSUMER LAW HAVE ON THE REFORM OF CONTRACT LAW IN THE FRENCH CIVIL CODE?  Gilles Paisant**  RESUMO: Esta pesquisa almeja a analisar o papel do Direito do Consumidor nas recentes reformas empreendidas no Direito Contratual do Código Civil Francês. Primeiramente, foram analisadas questões relativas à formação do contrato, sobretudo no que tange ao consentimento. Posteriormente, foram examinados aspectos do conteúdo contratual, verificando-se o contrato de adesão e a generalidade contratual. PALAVRAS-CHAVE: Direito do Consumidor. Direito Contratual. Direito Civil Francês. ABSTRACT: This research aims at analyzing the role of Consumer Law in the recent reforms undertaken in the Contractual Law of the French Civil Code. Firstly, issues related to contract formation were analyzed, especially with regard to consent. Subsequently, aspects of the contractual content were examined, verifying the contract of adhesion and the contractual generality. KEYWORDS: Consumer Law. Contract Law. French Civil Law.  SUMÁRIO: Introducción. 1 En Cuanto a la Formación del Contrato. 1.1 La Exigencia de un Consentimiento Aclarado. 1.2 La Exigencia de un Consentimiento Libre. 2 En Cuanto al Contenido del Contrato. 2.1 En los Contratos de Adhesión. 2.2 En la Generalidad de los Contratos. Conclusión. Referencias.*Pesquisa apresentada em palestra proferida no Foro Central de Porto Alegre, no dia 09 de novembro de 2016, realizada pelo Programa de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul, em evento organizado pelos Professores Doutores Claudia Lima Marques e Diógenes de Oliveira.** Professor Doutor Emérito da Universidade Savoie Mont Blanc, França. Decano honorário da Faculdade de Direito e Economia de Chambéry, França.

13. Damages

Contract Law ◽  
2018 ◽  
Author(s):  
Mindy Chen-Wishart
Keyword(s):  
Contract Law ◽  
Price Reduction ◽  
Breach Of Contract ◽  
Significant Time ◽  
Consumer Contracts ◽  
The Law ◽  
The Right ◽  
Default Rules

Most contractual disputes are settled out of court to avoid the significant time, money, general aggravation, and uncertainties inherent in litigation. Where the parties have not agreed on the consequences of breach or any agreed remedies are unenforceable, the law supplies default rules to determine the available remedies. This chapter addresses the following questions: (1) What types of loss are recognised and so compensable for breach of contract? (2) How is loss calculated? (3) When and why might contract law allow departures from the expectation measure and allow awards based on reliance, restitution, account of profits, or loss of opportunity to bargain? (4) In consumer contracts, when might the consumer have the right to a price reduction?

Economics of Contract Law

2017 ◽  
pp. 2-19
Author(s):  
Douglas G. Baird
Keyword(s):  
Contract Theory ◽  
Law And Economics ◽  
Contract Design ◽  
Contract Law ◽  
Specific Performance ◽  
The Law ◽  
Default Rules ◽  
The Relationship

Chapter 1 reviews the evolution of the law and economics of contract over the last 4 decades, beginning with the emergence of the idea of “efficient breach” in the early 1970s. It explores expectation damages, reliance damages, and specific performance, and then goes on to examine the effect that the possibility of renegotiation has on the shape of contract law. It then turns to the idea of contract law as a set of default rules, and discusses the role of contract law in mass markets. It concludes with a discussion of the relationship between the law and economics of contract and the problem of contract design and contract theory.

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