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Contract Enforcement
Rev. ed. of: Contract enforcement / Edward Yorio. c1989.
A Theory of Contract Law
In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. This title confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures.
The Death of the Irreparable Injury Rule
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
The Eighties
John Ehrman offers analysis of the transformation in American politics & society that marked the years of the Reagan presidency during the 1980s. He considers the fundamental shifts in American attitudes & examines the way Reagan built a right wing consensus around key policies.
Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its applica...
In Freedom's Cause
Eight hundred and six of Hawaii’s sons gave their lives while serving in the armed forces of the United States during the Second World War. In Freedom’s Cause is a tribute and a memorial to these men. For this roll of honor, the compilers have tried to secure biographical data and photographs of all men of Hawaii who died in military service between December 7, 1941, and December 31, 1946, when President Harry S. Truman proclaimed the termination of hostilities. Collection of these records started almost as soon as the Hawaii War Records Depository was established at the University of Hawaii in the spring of 1943. The Depository, set up as a result of cooperative action on the part of members of the faculty of the University, territorial legislators, and other public leaders, was authorized to collect and preserve all available historical records pertaining to Hawaii’s participation in World War II. One of its first projects was to assemble a file of biographical data on men who had died in military service, which would become one of many sources from which information for this volume was gathered.
A Nascent Common Law
In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.
The Fall and Rise of Freedom of Contract
DIVOriginal essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande/div
Recovering Self-Evident Truths
This book presents an engaging collection of essays exploring "catholic" and "Catholic" perspectives on American law--catholic in their claims of universal truths, and Catholic in their grounding in the teachings of the Roman Catholic Church
A History of Private Law in Scotland: Volume 2: Obligations
This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
