|
The Rise And Fall Of Freedom Of Contract
''The Rise and Fall of Freedom of Contract'' (1979) is a legal-historical text on the changes in the concept of freedom of contract by English Professor Patrick Atiyah. It was published by the Oxford University Press, and a paperback edition was released in 1985. Summary The central theme is that the notion of a contract based on consent (or a "meeting of minds") was almost entirely absent before 1800 in the law. Instead it was based on reliance or the receipt of a benefit. You could revoke a promise, and the concept of an executory contract was unknown. Moreover, courts were more concerned with the fairness of an exchange, and not concerned merely to uphold promises or the parties' will. Damages reflected that, only being for the value of exchange, not the loss of a bargain. Then, after 1800, the concept of contractual freedom "rose". Promises and the "intentions" of parties "became the paradigm of contract theory". Atiyah argues that it began with the notion of freedom of proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Atiyah
Patrick Selim Atiyah (5 March 1931 – 30 March 2018) was an English lawyer and legal scholar. He was best known for his work in the common law, particularly in the law of contract and for advocating reformation or abolition of the law of tort (tort reform). He was made a Fellow of the British Academy in 1979. Biography Patrick Selim Atiyah was born on 5 March 1931. He was a son of the Lebanese writer Edward Atiyah and his Scottish wife Jean. The mathematician Sir Michael Atiyah was his older brother. As a child, Patrick lived in Sudan and Egypt. The family moved to England in 1945. Patrick attended secondary school at Woking County Grammar School for Boys and went on to read law at Magdalen College, Oxford. Atiyah was professor of law at the Australian National University (1970–1973), at the University of Warwick (1973–1977) and professor of English law at the University of Oxford (1977–1988). He also was visiting Professor of Law at Harvard Law School (1982-1983). He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meeting Of Minds
Meeting of the minds (also referred to as mutual agreement, mutual assent, or ''consensus ad idem'') is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract. Formation of a contract is initiated with a proposal or offer. This condition or element is considered a requirement to the formation of a contract in some jurisdictions. History Richard Austen-Baker has suggested that the perpetuation of the idea of "meeting of minds" may come from a misunderstanding of the Latin term ''consensus ad idem'', which actually means "agreement to the amething". There must be evidence that the parties had each, from an objective perspective, engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement. Concept in academic work German jurist Friedrich Carl von Savigny is usually cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executory Contract
An executory contract is a contract that has not yet been fully performed or fully executed.''Mission Product Holdings, Inc.'' v. ''Tempnology, LLC'', 139 S. Ct. 1652 (2019). It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such obligation is material, does not usually make a contract executory. An obligation is material if a breach of contract would result from the failure to satisfy the obligation. A contract that has been fully performed by one party but not by the other party is not an executory contract. Installment contracts Many installment contracts are commonly executory such as installment credit loans, period loan payments, mortgages, paychecks, and contracts for the delivery of goods or the performance of services over a period of time in discrete elements. Missed deliveries under an installment have on occasion given rise to the legal question of whether they are indicative of a breach of con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Theory
From a legal point of view, a contract is an institutional arrangement for the way in which resources flow, which defines the various relationships between the parties to a transaction or limits the rights and obligations of the parties. From an economic perspective, contract theory studies how economic actors can and do construct contractual arrangements, generally in the presence of information asymmetry. Because of its connections with both agency and incentive In general, incentives are anything that persuade a person or organization to alter their behavior to produce the desired outcome. The laws of economists and of behavior state that higher incentives amount to greater levels of effort and therefo ...s, contract theory is often categorized within a field known as law and economics. One prominent application of it is the design of optimal schemes of managerial compensation. In the field of economics, the first formal treatment of this topic was given by Kenneth Arrow ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras. Born into an upper-class family, Coke was educated at Trinity College, Cambridge, before leaving to study at the Inner Temple, where he was called to the Bar on 20 April 1578. As a barrister, he took part in several notable cases, including '' Slade's Case'', before earning enough political favour to be elected to Parliament, where he served first as Solicitor General and then as Speaker of the House of Commons. Following a promotion to Attorney General he led the prosecution in several notable cases, including those against Robert Devereux, Sir Walter Raleigh, and the Gunpowder Plot conspirators. As a reward for his services he was first knighted and then made Chief Justice of the Common Pleas. As Chief Justice, Coke restricted the use of the ''ex officio'' (Star Chamber) oath ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Semayne's Case
''Semayne's Case'' (January 1, 1604) 5 Coke Rep. 91, is an English common law case reported by Sir Edward Coke, who was then the Attorney General of England. In the United States, it is recognized as establishing the " knock-and-announce" rule. Facts Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died while in debt to Peter Semayne. Semayne then secured a civil writ of attachment on Berisford's goods, which were located inside the house. After the Sheriff of London was denied entry by Gresham, the sheriff offered to break and enter into the house. Instead, Semayne sued, bringing an action on the case against Gresham for his losses. Initially, the court could not reach a decision, with Lord Chief Justice John Popham and Lord Justice Francis Gawdy believing the sheriff could break and enter, while Lord Justices Edward Fenner and Christopher Yelverton insisting he could not. After the coronation of James I and Anne and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Atiyah's Accidents, Compensation And The Law
''Atiyah's Accidents, Compensation and the Law'' (2006) is a legal text, which marked the first of Cambridge University Press's "Law in Context" series. It was originally authored by English legal scholar, Patrick Atiyah in 1970 and has been taken over by Professor Peter Cane since the 4th edition in 1987. The thrust of the book is that the law of tort should be abolished, especially as relates to the law on personal injuries, and should be replaced with a no fault state compensation system. Its arguments are in tune with the establishment in the 1970s of such a system in New Zealand, with the Accident Compensation Commission. After handing over the book, Atiyah changed his mind, and wrote ''The Damages Lottery'' (1997) where instead of a state run system, he advocated abolition of tort and that people should buy personal safety insurance. Professor Cane, however has kept ''Atiyah's Accidents'' in line with the title's original thesis. Criticism of the fault principle One of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Cane (lawyer)
Peter Du Cane may refer to: * Peter Du Cane, the elder (1645–1714), Huguenot businessman in London * Peter Du Cane Sr. (1713–1803), British merchant and businessman * Peter Du Cane (boat designer) (1901–1984), British boat designer See also * Peter Cain (other) * Peter Kane (other) {{hndis, Du Cane, Peter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just Price
The just price is a theory of ethics in economics that attempts to set standards of fairness in transactions. With intellectual roots in ancient Greek philosophy, it was advanced by Thomas Aquinas based on an argument against usury, which in his time referred to the making of any rate of interest on loans. It gave rise to the contractual principle of '' laesio enormis''. Unjust price: a kind of fraud The argument against usury was that the lender was receiving income for nothing, since nothing was actually lent, rather the money was exchanged. Furthermore, a dollar can only be fairly exchanged for a dollar, so asking for more is unfair. Aquinas later expanded his argument to oppose any unfair earnings made in trade, basing the argument on the Golden Rule. The Christian should "do unto others as you would have them do unto you", meaning he should trade value for value. Aquinas believed that it was specifically immoral to raise prices because a particular buyer had an urgent nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
JH Baker
Sir John Hamilton Baker (born 10 April 1944) is an English legal historian. He was Downing Professor of the Laws of England at the University of Cambridge from 1998 to 2011. Biography Baker was born in Sheffield, the son of Kenneth Lee Vincent and Marjorie Baker (''née'' Bagshaw). He was educated at King Edward VI Grammar School, Chelmsford, and University College London ( LLB, PhD). He was called to the Bar at the Inner Temple in 1966 and was elected an Honorary Bencher in 1988. His first academic post was as an assistant lecturer in law at University College London, in 1965. In 1967 he was promoted to Lecturer, and in 1971 moved to the University of Cambridge. There he was Librarian of the Squire Law Library until 1973, and became a Fellow of St Catharine's College. His rooms were above the Sherlock Library until his retirement. In 1973 Baker became a lecturer in law at University of Cambridge. He was appointed Reader in English Legal History at the University of Cambri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Modern Law Review
The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the faculty of law at the London School of Economics and Political Science. The ''Modern Law Review'' has been identified as the "pre-eminent United Kingdom law journal" in a ranking based on statistical data from the 2001 Research Assessment Exercise, and has been placed in the highest tier (A*) by the 2019 Israeli Inter-University Committее Report. The journal is a general law review that publishes original articles relating to common law jurisdictions and the law of the European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u .... In addition, the journal contains sections devot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
