ALI's Restatement of the Law of Consumer Contracts: Perpetuating a Legal Fiction?

2020 ◽  
Author(s):  
Dee Pridgen
Keyword(s):  
Legal Fiction ◽  
Consumer Contracts ◽  
The Law

A Legal Ethnography

2011 ◽  
Author(s):  
Colin Dayan
Keyword(s):  
Civil War ◽  
Property Rights ◽  
Personal Identity ◽  
The South ◽  
Legal Fiction ◽  
Personal Rights ◽  
Peculiar Form ◽  
The Law

This chapter examines how judges determined the character of slaves. In the South, the adaptation of Lockean notions of personal identity to slaves was inextricably bound up with the understanding of person as a forensic term and the kind of legal incapacity and nonrecognition that signaled negative personhood. Thomas Morris in Southern Slavery and the Law: 1619–1860 argues that the most crucial legal fiction was that “the slave was an object of property rights, he or she was a ‘thing’.” However, what most occupied the thoughts of lawyers and judges in cases about personal rights in the courts of Virginia on the eve of the civil war was not to affirm the slave as property, but to articulate the personhood of slaves in such a way that it was disfigured, not erased. Slave law depended on this juridical diminution. The peculiar form impairment took and the transformations that ensued gave new meaning to degradation.

Consumer Contracts

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Bounded Rationality ◽  
Behavioral Analysis ◽  
Return Policies ◽  
Limited Availability ◽  
Consumer Contracts ◽  
The Law

This chapter presents an overview of the behavioral analysis of the law of consumer contracts. The chapter reviews various marketing techniques that build upon consumers’ bounded rationality, including the manner of presenting information, limited availability, low-ball and bait-and-switch techniques, and lenient return policies. It also analyzes several pricing techniques, such as price framing, multidimensional prices, deferred and contingent payments, and odd pricing. The chapter then turns to examining the content of consumer contracts, and highlights how pricing methods, non-salient clauses, and modifications might also exploit consumers’ limited rationality. In light of this overview, the chapter examines market-based (primarily competition and reputation) and legal solutions (primarily disclosure and mandatory regulations) to the challenges posed by consumer contracts.

13. Misrepresentation

2021 ◽  
pp. 414-470
Author(s):  
André Naidoo
Keyword(s):  
Common Law ◽  
Consumer Contracts ◽  
The Common ◽  
The Law ◽  
The Impact

This chapter explains the law relating to the requirements and remedies for misrepresentation. The rules that the chapter covers developed originally in the context of all types of contracts. However, more recent legislation has introduced some specific protection for consumers. Consequently, the common law rules and older legislation that the chapter covers are now more applicable to non-consumer contracts, i.e. contracts between businesses and those between private parties. The chapter starts by addressing the kind of false statements that can result in a remedy. It then addresses the common law and legislative remedies that could be available to the innocent party. Finally, the chapter turns to the impact of the more recent consumer legislation before finally examining the extent to which an exemption clause could cover liability for misrepresentation.

Conclusion

2019 ◽  
pp. 263-266
Author(s):  
Alexander Sarch
Keyword(s):  
Criminal Law ◽  
Mental States ◽  
Legal Fiction ◽  
The Law ◽  
Legal Fictions ◽  
As If

The conclusion of Criminally Ignorant: Why the Law Pretends We Know What We Don’t provides an overview of the main takeaways from the book. At its broadest, this is a book about a common legal fiction: the criminal law’s practice of pretending we know what we don’t. Maybe one instinctively feels scandalized by legal fictions. It’s natural to want the law to be honest and accurate. Nonetheless, this book has tried to give reasons not to be so worried and actually get on board with the kind of legal fiction at issue here. The book has argued that equal culpability imputation involves a justified fiction that promotes valuable aims. At least when properly constrained, it is justified for the law to treat you as if you had certain culpability-relevant mental states (like knowledge of inculpatory facts or awareness of risks) that you didn’t literally possess. What justifies it? The same purposes the criminal law generally serves: protecting our core interests, rights, and values.

Contract Law

2020 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Bargaining Power ◽  
Reading Skills ◽  
Contract Law ◽  
Undue Influence ◽  
Force Majeure ◽  
Specific Performance ◽  
Consumer Contracts ◽  
The Subject ◽  
The Law ◽  
Unfair Terms

Contract Law: Text, Cases, and Materials provides a complete guide to the subject of contract law. The book comprises a balance of 60% text to 40% cases and materials. Its clear explanations and analyses of the law provide support to students, while the extracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law and of the best legal scholarship. Part I of the book examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part II covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part III examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part IV turns to breaches of contract and termination, damages, and specific performance. The last part, Part V, concentrates on third parties.

The Legal System in German Popular Culture

2016 ◽  
Author(s):  
Stefan Machura ◽  
Michael Böhnke
Keyword(s):  
Popular Culture ◽  
Legal System ◽  
Popular Fiction ◽  
Third Reich ◽  
Mainstream Media ◽  
Legal Fiction ◽  
The Law ◽  
The Third Reich ◽  
Tv Shows ◽  
Totalitarian Regimes

Legal themes, especially those related to crime, abound in German popular culture. This article covers some of the most politically significant and popular examples from the Weimar Republic period to present times, putting them into their social and media sector context. Due to the country’s experience with totalitarian regimes, one main topic of popular culture is the political abuse of the law. Run-of-the-mill crime stories, of course, are a staple of literature and audiovisual media. Their appeal did not lessen in the age of the Internet. Due to genre and narrative conventions, mainstream media tend to shed a positive light on the institutions and personnel connected with the law. Much of German fiction is heavily influenced by the example of US films and TV series, so far that they misrepresent the German legal system. Other influences shape content as well. Economic pressures rank high among them, while overt censorship was evident during the Third Reich (1933–1945) and after partition in the German Democratic Republic (GDR; 1949–1990). Highly regarded artistic works often focus on the topic of individual guilt, while lesser productions typically draw on the sensational aspects of crime detection. The ordering hand of the judge, putting things right after a tumultuous court hearing, signifies the German TV judge show (the equivalent of Judge Judy). Measured degrees of social criticism are typical for many of the better TV productions. And, despite television’s influence, novels and plays still claim a stake in popular culture. Although US media productions dominate the international market for legal fiction, German TV shows, especially police series, became a success story as well. They project the image of the clean, unbiased, correct, and efficient police inspector. Critical films and programs aim mainly at the domestic market due to their specific issues. Nevertheless, the overall effect of German popular fiction dealing with crime and justice tends to be positive, with trust in the law being supported.

scholarly journals A NEW CASES EXISTENCE OF LEGAL FICTION PRINCIPLES INDONESIA LAW

2018 ◽  
Author(s):  
Solly Aryza
Keyword(s):  
Research Method ◽  
The State ◽  
Legal Research ◽  
Remote Areas ◽  
Legal Fiction ◽  
The Law ◽  
Research Show

The principle of Fixie Rechts or Legal Fiction still embraced in Indonesian legislation. It does notmatter that the policy is inconsistent with reality on the ground, which in fact creates more and more newproblems. For example the application of laws in very remote areas. How can a rural person who has no accessto information, if he does not comply with a rule that has been passed by the state through the state gazette, thenwithout considering the absorption aspect of his information, he remains entangled in the law. Because he afterthe law was enacted, he was supposed to know the law. This study uses normative legal research method byreviewing the literature related to legal fiction. Surely the principle that is deemed irrelevant to its real conditionlike this deserves no longer applied. For that required seriousness of government and society in participatingeliminate this law fiction principle. The results of this research show that Indonesia still enacts law governmentand culture as well, law maker or legislator and organization publish that.

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